Communications Daily is tracking the lawsuits below involving appeals of FCC actions. Lawsuits added since the last update are marked with an *.
Exports to China
A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit was skeptical on Monday of TikTok’s argument that the Protecting Americans from Foreign Adversary Controlled Applications Act's planned ban of the platform in the U.S. is unconstitutional (see 2406210004). The statute requires China-affiliated ByteDance must sell TikTok by Jan. 19 to avoid the ban. The D.C. Circuit’s review also looped in a related challenge to that law from a group of TikTok creators. DOJ and ByteDance want the D.C. Circuit to rule by early December so they can have time for a likely challenge in the U.S. Supreme Court before the Jan. 19 divestiture deadline.
AI is “part of everything” and will only grow in importance, but the U.S. is falling behind other countries in developing AI policy, Rep. Suzan DelBene, D-Wash., said Thursday during the Augmented and Virtual Reality Conference. “Innovation and technology are moving forward and policy is falling further and further behind,” DelBene said. The Information Technology and Innovation Foundation and the Extended Reality Association (XR) sponsored the conference at the AT&T Forum.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. Lawsuits added since the last update are marked with an *.
Former President Donald Trump said Wednesday the FCC should revoke Disney-owned ABC’s licenses after what many observers considered his poor presidential debate performance Tuesday night against Vice President Kamala Harris, the Democrats’ nominee. Trump has repeatedly said broadcast networks and other entities should lose their ‘licenses’ over their coverage of him, including January comments that NBC and CNN are “crooked” and should “have their licenses or whatever they have taken away” (see 2401170050). Harris and Trump, the Republicans’ presidential nominee, briefly traded barbs during the evening about the U.S. tech leadership position with China.
The growing pace of launches in the U.S. is stressing launch site capabilities, particularly Florida's Cape Canaveral, launch operators said Wednesday at a U.S. Chamber of Commerce aerospace conference in Washington. Meanwhile, FCC Chairwoman Jessica Rosenworcel said SpaceX could pose a monopolistic threat in commercial space and that more competition is needed. In addition, the FAA was criticized for its launch regulatory regime.
The House approved the Removing Our Unsecure Technologies to Ensure Reliability and Security Act (HR-7589) and three other telecom security-focused measures Monday night on voice votes. The other bills were the: Foreign Adversary Communications Transparency Act (HR-820), Countering CCP Drones Act (HR-2864) and Securing Global Telecommunications Act (HR-4741). The House this week was also slated to vote under suspension of the rules on the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) (see 2409060053), but lawmakers didn’t offer the measure for debate Monday night. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., hailed House passage of HR-820, HR-2864 and HR-7589, which the panel cleared in March (see 2403200076). “China is America’s greatest adversary and poses significant risk to our national and economic security,” she said in a statement. HR-820, HR-2864 and HR-7589 will “advance American competitiveness and global technological leadership, ensuring that America -- not China -- is setting the rules of the road for the technologies of tomorrow.”
The House plans to vote as soon as Monday night, under suspension of the rules, on the Future Uses of Technology Upholding Reliable and Enhancing Networks Act (HR-1513) and four telecom security-focused measures. Other bills on the House’s suspension docket: the Foreign Adversary Communications Transparency Act (HR-820), Countering Chinese Communist Party Drones Act (HR-2864), Securing Global Telecommunications Act (HR-4741) and Removing Our Unsecure Technologies to Ensure Reliability and Security Act (HR-7589). The House Commerce Committee unanimously advanced HR-820, HR-1513, HR-2864 and HR-7589 in March (see 2403200076). HR-820 would require that the FCC publish a list of communications companies with agency licenses or other authorizations where China and other foreign adversaries’ governments hold at least a 10% ownership stake (see 2210250067). HR-1513 would direct the FCC to establish a 6G task force that provides recommendations about ensuring U.S. leadership in developing that technology’s standards. HR-2864 would add Chinese drone manufacturer Da-Jiang Innovations (DJI) to the FCC’s covered entities list. HR-4741 would require that the State Department develop a strategy promoting the use of secure telecom infrastructure worldwide. HR-7589 would direct the Commerce Department to “specify what transactions involving routers, modems, or devices that combine a modem and a router are prohibited” under a 2019 executive order by then-President Donald Trump that barred transactions involving information and communications technologies that pose an “undue risk of sabotage to or subversion of” U.S.-based communications services (see 1905150066).
CTA warned that one of the proposals in the FCC's “bad lab” NPRM could hamper the commission's authorization of some wireless devices. Other groups also raised concerns. Approved by commissioners 5-0 in May, the NPRM proposes barring test labs of entities on the agency’s “covered list” of unsecure companies from participating in the equipment authorization process and other changes in gear authorization rules (see 2405230033). Comments were due this week in docket 24-136.
Panelists clashed during a Federalist Society webinar Thursday over the future of the lower 3 GHz band, a top target of carriers for 5G and 6G. They also disagreed on some details of how federal bands should be studied for sharing or licensed use.