Upcoming FCC action to undo its July 2024 order allowing E-rate recipients to use funding for off-premises Wi-Fi hot spots is a clear sign that House leaders have lost interest in advancing a Senate-passed Congressional Review Act resolution of disapproval (S.J.Res. 7) against that order, supporters and opponents told us. The FCC is likely to approve next week two proposals to cancel both the off-premises hot spot order and another to fund Wi-Fi on school buses (see 2509030064). The House Commerce Committee's Republican leaders still haven't taken a position on S.J.Res. 7, which the Senate passed more than four months ago. Supporters argue that moving the CRA measure would prevent a future majority-Democratic FCC from resurrecting the Wi-Fi rules for schools and libraries in their current form.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The FCC got significant pushback on its proposal to sharply limit the scope of its Telecom Act Section 706 reports to Congress, according to reply comments that were due Tuesday in docket 25-223. Public interest groups said in a joint filing that “narrowing” the focus of the reports “will threaten [the] commission’s ability to achieve universal service.” Commissioners approved a notice of inquiry ahead of the August open meeting (see 2508050056).
Questionable maps, staff shortages and accountability concerns have pressured states as they participate in NTIA's $42.5 billion BEAD program, broadband experts said during a Broadband Breakfast webinar Wednesday. Flaws in the FCC’s broadband fabric and limited state capacity could leave millions of homes without service, while shrinking eligibility has already cut out up to 60% of locations that were eligible during earlier subgrantee rounds, they said.
President Donald Trump threatened ABC again Tuesday, the same night that host Jimmy Kimmel returned to the airwaves in most markets and two days after FCC Chairman Brendan Carr denied attempting to intimidate the network. “I think we’re going to test ABC out on this,” Trump said in a post Tuesday night on Truth Social. “Let’s see how we do. Last time I went after them, they gave me $16 Million Dollars. This one sounds even more lucrative.” Trump has threatened ABC and other networks repeatedly for years (see 2410100050).
FCC authority to change the national TV ownership cap remains unclear, and anything the agency does is likely to end up challenged in court, agency Chief of Staff Scott Delacourt said Wednesday at a Media Institute event. He also waved off the idea that the end of Chevron deference significantly changes how the FCC will defend its actions in court. The commissioners will vote on kicking off the 2022 quadrennial review of broadcast-ownership rules at its meeting next week (see 2509090060).
While Japan led the move to open radio access networks (ORAN), the action is shifting to North America, said Stephane Teral, chief analyst at Teral Research, during an RCR Wireless virtual conference Tuesday. Experts agreed that carriers have no choice but to move into an open network world if they want to meet the growing demands of their customers.
Nexstar said Tuesday it would join Sinclair in continuing to preempt Jimmy Kimmel Live!, despite the show's return to ABC's lineup starting Tuesday night, while FCC Chairman Brendan Carr continued to insist on social media that he didn't cause Kimmel’s suspension.
The FCC's arguments that its pole attachment regulatory authority extends to utility-owned light poles are legally dubious and practically untenable, utilities said in comments this week in docket 17-84. Commissioners adopted a pole attachments NPRM at the agency's July meeting (see 2507280053), and utilities, as expected, voiced their opposition to the light-pole proposal (see 2508290003). The proceeding also saw no clear consensus about requiring attachers to deploy within 120 days of pole make-ready work being done.
Telecom providers largely welcomed FCC proposals to streamline the agency’s slamming and truth-in-billing rules, according to their responses to an NPRM that commissioners approved in July (see 2507240055). Consumer and public interest groups disagreed, calling for some protections to remain in place. Comments were due Monday and mostly posted Tuesday in docket 17-169.