The American Federation of Government Employees (AFGE) on Wednesday slammed the latest executive order from President Donald Trump's administration aimed at cutting the federal workforce. Trump signed the EO Tuesday that said he would require the heads of federal agencies to make "large-scale [staff] reductions.” The continuing assault has sparked anxiety at the FCC and other agencies critical to the communications industry (see 2502070047). Appearing with Elon Musk, Trump told reporters that Musk's Department of Government Efficiency had uncovered billions of dollars in fraud, but he didn’t offer details.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New lawsuits since the last update are marked with an *.
A notice of inquiry about use of the upper C band for 5G may prove controversial given the implications for radio altimeters, industry experts said. The NOI proposes a study of 3.98-4.2 GHz spectrum, just above the spectrum sold in the record-breaking C-band auction, which ended in early 2021 (see 2102180041). FCC Chairman Brendan Carr initiated the NOI last week for a vote at the Feb. 27 open meeting. A radio altimeter is a device that measures the distance between an aircraft and the ground.
House Judiciary Committee ranking member Jamie Raskin of Maryland, other panel Democrats and Free Press co-CEO Craig Aaron used a Wednesday hearing aimed at reviewing instances of claimed Biden administration censorship to lambaste Republican FCC Chairman Brendan Carr for ordering a string of investigations against U.S. broadcasters. The probes, launched since Carr took office Jan. 20, thus far focus on broadcasters that have aired content critical of President Donald Trump or otherwise face claims of pro-Democratic Party bias, though Carr has, in some cases, framed the scrutiny as focused on other matters (see 2502110063). House Judiciary Democrats also sharply criticized X owner Elon Musk for actions on the social media platform that they view as censorship of anti-Trump content.
Northrop Grumman's Space Logistics is planning to dock its Mission Extension Vehicle 1 with an Optus D3 satellite for in-orbit mission extension services. In an FCC Space Bureau application Monday, SL said that after seven months of service with Optus, the MEV-1 would undock and then move to its next client. SL said the spacecraft has been operating with the Intelsat 901 satellite, doing mission extension services for it, and the company's contract with Intelsat ends March 30.
Conservative group the Center for American Rights has joined with Fuse Media and the International Brotherhood of Teamsters in asking the FCC to “avoid rubber-stamping Skydance’s proposed $8 billion acquisition of Paramount Global and hold Skydance accountable for keeping its public interest commitments,” according to a joint ex parte filing Tuesday. CAR President Daniel Suhr and attorney David Goodfriend -- who represents Fuse and the Teamsters -- met with Commissioner Nathan Simington, acting Media Bureau Chief Erin Boone, and aides to Commissioners Geoffrey Starks and Anna Gomez in a call Tuesday. “Each of us filed comments addressing very different issues in this transaction but with the same goal: making sure that Skydance lives up to statements it made to the FCC,” said the filing. CAR and Goodfriend’s clients said they believe Skydance should provide more details to the agency and be held accountable, the filing said. Both groups in the ex parte filing listed possible conditions the FCC should impose on Skydance. CAR, which filed the news distortion complaint against CBS, wants Skydance held to commitments on unbiased news and said the FCC should require more viewpoint diversity on the New Paramount board, editorial staff located in cities besides New York and Los Angeles, and a well-funded oversight board or ombudsman. The Teamsters and Fuse want the agency to require collective bargaining agreements with all employees and reserve programming services on PlutoTV and other streaming platforms for independently owned content providers.
The FCC’s authority to regulate broadcast content is based on the scarcity of spectrum, but that authority is unconstitutional because spectrum’s scarcity doesn’t differentiate it from other resources such as land or oil, wrote Joe Kane, director-broadband and spectrum policy at the Information Technology and Innovation Foundation, in an essay the Federalist Society posted Tuesday. FCC Chairman Brendan Carr’s actions (see 2502050063) to investigate broadcasters over their content “are permitted within the current state of the law” because of court rulings that broadcasters enjoy fewer First Amendment protections due to spectrum’s scarcity, Kane said. “Those cases, and therefore the FCC’s authority to regulate the content transmitted over radio waves, are based on fundamental fallacies,” he wrote. “Land is scarce, but the fact that the government has granted or auctioned deeds doesn’t permit it to regulate the content of what landowners say.” The law also doesn’t apply the rationale of spectrum scarcity evenly, Kane pointed out. Wi-Fi signals are just as susceptible to interference as broadcast radio signals, he said. “Yet no one would countenance content-based control of all wireless internet traffic, even though the scarcity rationale would apply identically to those types of transmissions.” Supreme Court Justice Clarence Thomas questioned the validity of the spectrum scarcity rationale in his concurrence in FCC v. Fox, Kane said. “Do his colleagues agree?” he asked. “Spectrum is not so special a medium that it should be carved out of the First Amendment,” he wrote. “To the extent that any FCC action or any part of the Communications Act relies on the inverse assumption, it is unconstitutional.”
The FCC asked the U.S. Court of Appeals for the D.C. Circuit not to impose a mandate on the regulator to start the process of authorizing gear by China’s Hikvision. Hikvision and Dahua won a partial victory last year (see 2404020068) when the D.C. Circuit held that the FCC’s definition of critical infrastructure in a 2022 order was “overly broad.” Judges also rejected arguments that video cameras and video-surveillance equipment manufactured by the companies shouldn’t have been placed on the agency’s “covered list” of unsecure gear.
EchoStar Chief Technology Officer Eben Albertyn and others from the company met with FCC staff to urge the agency to increase citizens broadband radio service power levels and align other rules with global 3 GHz standards. EchoStar engineers discussed technical studies that the company has already submitted and that justify each of the changes proposed, said a Tuesday filing in docket 17-258. The EchoStar representatives said they met with staff from the Wireless Bureau and Office of Engineering and Technology. A broad group of companies and associations last week urged new FCC Chairman Brendan Carr not to make sweeping changes to the rules for the band (see 2502060050).
FCC Chairman Brendan Carr's criticism of how the 5G Fund was structured under former Chairwoman Rosenworcel is “legitimate,” New Street’s Blair Levin said in an email (see 2502100056). “Congress asked Rosenworcel to lay out an analysis of the future of USF post-BEAD in order to have the data Congress and the public would need to evaluate what needs to be done now and what should await the implementation of BEAD,” Levin said. “Rosenworcel's efforts did not accomplish that (or anything else) which is unfortunate.” While some parts of the fund could be done now, “others, no doubt, would benefit from knowing how the states' plans affect future deployment efforts,” he said.