The 5th U.S. Circuit Court of Appeals' ruling Wednesday against the FCC's Universal Service Fund contribution factor for the first quarter of 2022 will likely have little to no immediate impact on the commission's USF-funded programs and providers contributing to the fund, trade groups and legal experts told us (see 2407240043). It's uncertain how the U.S. Supreme Court would interpret conflicting rulings of the 5th, 6th and 11th circuits. Consumers' Research asked SCOTUS in a supplemental brief filed Thursday (docket 23-456) to grant rehearing as a result of the circuit split.
Omnispace’s Mindel De La Torre, former FCC international bureau chief, joins non-terrestrial network service provider Skylo Technologies as head-regulatory affairs ... Fox News Media names Katherine Meeks, previously Gibson, Dunn, as general counsel, effective Aug. 19; Bernard Gugar steps down as general counsel and executive vice president-corporate development ... Computer networking company Netgear appoints Pramod Badjate, ex-Arista Networks, as president-general manager-Netgear Business; Kirsten Daru, ex-Life360, as general counsel-chief privacy officer; Antonio Lopez Reus, ex-Amazon, as vice president-strategy and strategic partnerships; adds onXmaps’ Laura Orvidas to board; and promotes Fiona Spratt to senior vice president-people ... 5G mobile and fixed wireless solutions provider Inseego appoints Semtech’s David Markland as chief product officer and Dean Antonilli, as senior vice president-sales-service providers and names Sal Aroon, ex-Form, as vice president-head of operations.
Spire Global has plans for launching one of its Lemur-class earth observation satellites by early February on a SpaceX rideshare mission. In an FCC Space Bureau application posted Thursday seeking authorization for the Lemur mission, Spire said it would use the same frequencies and operating parameters as previously authorized Lemurs along with nonstandard imaging equipment that would make it larger than the other authorized Lemurs. The FCC in 2018 authorized Spire's Lemur constellation of up to 872 satellites.
The FCC Public Safety Bureau on Thursday reminded Part 90 and Part 101 public safety licensees to update their license contact information with an email address. “Licensees without valid or updated email addresses will not receive courtesy electronic reminders regarding license expiration or construction deadlines,” which can lead to license cancelation, the bureau said in docket 19-212.
The Senate voted 86-1 Thursday to advance two kids’ safety bills, with Sen. Rand Paul, R-Ky., casting the lone no vote (see 2407240057).
If courts rule that the U.S. Supreme Court’s SEC v Jarkesy decision means a wide swath of FCC enforcement proceedings require jury trials, the agency may not be able to pursue any enforcement without congressional authority, former FCC Office of General Counsel and Enforcement bureau veterans said Wednesday.
The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.
AT&T CEO John Stankey on Wednesday criticized the Biden administration’s work on making more spectrum available for wireless carriers. During the carrier's release of Q2 results, Stankey apologized for the February AT&T wireless outage, the topic of an FCC report this week (see 2407220034).
FCC Administrative Law Judge Jane Halprin has ordered broadcast attorney Dan Alpert to explain how he can represent multiple clients whose interests conflict with each other in a hearing. The proceeding involves allegedly false transfers of control of low-power radio and TV stations (see 2310020059). Alpert declined to comment. The proceeding concerns allegations that Antonio Guel transferred stations to his niece, Jennifer Juarez, to avoid including them in a bankruptcy filing, although he remained in control of the stations. Guel’s daughter, Maria Guel, allegedly controls other companies involved in the transaction (see 2402060049). The Enforcement Bureau filed an emergency motion Monday asking for Halprin to take action against Antonio Guel’s attorney, Alpert, after he informed it that he would be representing both Maria Guel and Juarez in depositions scheduled for next week. “Mr. Alpert now represents two witnesses in the case who are likely to provide information that is directly and materially adverse to the interests of his original client, Mr. Guel,” the EB motion said. Halprin cautioned Alpert in February about apparent conflicts of interest in the case. “It is a fundamental rule of practicing law that a lawyer may not represent clients in the same matter whose interests are adverse to each other,” wrote Halprin in Tuesday’s order. While Halprin said that rule can be waived if the parties provide informed consent, the EB argued that some conflicts in this matter can't be waived under DC Bar ethics rules. “The responsibility is on Mr. Alpert to know and adhere to applicable rules of professional conduct,” Halprin wrote. “At the same time, the Presiding Judge must be mindful that the Administrative Procedure Act and the Commission’s rules allow witnesses to be represented by counsel.” The EB “cannot risk incurring the cost of these depositions at the public’s expense only to have Mr. Guel or Ms. Juarez later claim ineffective assistance of counsel and/or otherwise challenge the integrity or validity of this entire proceeding,” the EB said. Tuesday’s order gives Alpert until Friday to respond and “include an explanation of how he reconciles his simultaneous representation of Mr. Guel, Ms. Guel, and Ms. Juarez with applicable rules of professional conduct.”
Senate Commerce Committee ranking member Ted Cruz, R-Texas, pressed NPR Tuesday for information about its funding sources amid the House GOP's push to end CPB’s advance funding for FY 2027. Thus far no lawmakers have tried stopping the House from moving forward on the Appropriations Committee-cleared Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill (HR-9029), which excludes advance money for the broadcasting network. House leaders meanwhile pulled the Appropriations-approved FY 2025 FCC-FTC funding bill (HR-8773) from planned floor consideration Monday, delaying potential floor votes on filed amendments that seek to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding (see 2407100060).