More than a dozen states told the U.S. Supreme Court that they were "right to be worried" about the FCC's Universal Service Fund's contribution mechanism in an amicus curiae filed Wednesday (No. 24-254). The states -- West Virginia, Alabama, Arizona, Arkansas, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas and Virginia -- agreed with the en banc 5th Circuit U.S. Court of Appeals' decision that the fund’s "problematic blend of standardless decision-making and missing executive oversight violates Article I of the Constitution" (see 2410010024). The Schools, Health & Libraries Broadband Coalition, NTCA, USTelecom, Benton Institute for Broadband & Society, National Digital Inclusion Alliance and MediaJustice also wrote SCOTUS in a separate letter maintaining their interest in the outcome of the case as intervenors. The groups said they have interests that are "distinct from those of the government."
EchoStar "apparently cut a deal" with the FCC's Wireless Bureau for more time to complete Dish Network's 5G terrestrial network, yet the bureau lacked legal authority to grant that extension, VTel Wireless said this week in a docket 22-212 recon petition. VTel is seeking reconsideration of the bureau's September grant of extended milestone deadlines for the 5G network buildout (see 2409200049). EchoStar hasn't shown specific facts and circumstances that warrant a waiver, VTel argued.
The FCC Wireless Bureau and Office of Economics and Analysis have approved T-Mobile’s buy of 600MHz spectrum licenses from LB License, said an order in Wednesday’s Daily Digest. “After carefully evaluating the potential competitive effects of the proposed assignment, we find that the likelihood of competitive harm is low,” the order said. T-Mobile has leased the spectrum from LB since 2020, the order said. EchoStar filed a petition to deny the deal, arguing that it would harm competition, but the agency disagreed. “We find that, post-transaction, the likelihood of competitive harm remains low in the markets that are the subject of this transaction,” the order said.
ClearCaptions raised concerns at the FCC about proposed consumer choice mandates in captioning delivery for IP captioned telephone service providers. In a meeting with Consumer and Governmental Affairs Bureau staff, it asked that the commission instead issue a notice of inquiry to determine whether the feature is "in the best interest of IP CTS customers" and the Telecom Relay Service (TRS) Fund. The provider cited "significant challenges" in implementing the service and potential increased costs "without evidence that the proposed mandate would improve the accuracy of captions." ClearCaptions also sought guidance in an ex parte filing posted Wednesday in docket 03-123 about potential formatting variances when there's a validation failure with the telecom relay service user registration database.
AT&T has no plans for FirstNet to use the 4.9 GHz band quickly because significant infrastructure work on the nationwide public safety broadband network is needed first, AT&T CEO John Starkey said Wednesday as the company announced Q3 results. The FCC on Tuesday approved FirstNet use of the band (see 2410220027). Starkey said AT&T is starting to see pay off from repositioning its business wireline operations to focus on connectivity; however, success is not happening quickly enough to fully offset revenue decline in the legacy business wireline voice and data units. Q3 revenue was $30.2 billion, off slightly from $30.4 billion in Q3 2023, in part due to business wireline service revenue declining. Chief Financial Officer Pascal Desroches said the company is "encouraged" by early results of its Internet Air fixed wireless broadband service that launched in August, as it finished Q3 with close to 500,00 Air subscribers. He said AT&T added 135,000 Air subscribers in the quarter. The quarter ended with 9 million fiber subscribers, up from 8 million in Q3 2023, and 72.3 million postpaid phone subscribers, up from 70.8 million year over year. Desroches said AT&T's fiber network passes more than 28 million homes and businesses. It hopes to top 30 million by the end of next year. In a call with analysts, Starkey said it was "entirely possible" AT&T would, at some point, use its fiber network to be an open access provider.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
Digital First Project Executive Director Nathan Leamer on Wednesday said whoever chairs the FCC during the next administration should take on a more forceful role in advocating for Congress to renew the commission’s lapsed spectrum auction authority. Leamer, who served as an aide to former FCC Chairman Ajit Pai, said during a Georgetown University Center for Business and Public Policy webcast that whichever party wins the White House Nov. 5 will reexamine broadband affordability issues. He believes the FCC will have to brace for the impact of potential federal court rulings striking down its recent orders reclassifying broadband as a Communications Act Title II service and instituting anti-digital discrimination rules.
FCC commissioners, along party lines, released a notice of inquiry Wednesday examining how easy -- or not -- it is to cancel cable, broadband, satellite TV and voice services and whether cancellation should be as simple and straightforward as enrolling often is. The NOI, adopted 3-2 Oct. 10, also raises the idea of the FCC requiring live customer service representatives. Comments are due Nov. 22, replies Dec. 9, in docket 24-472.
The cable industry and broadcasters are adopting dueling talking points on the FCC's 10th floor concerning the proposed reporting requirement when retransmission consent talks fail and lead to a blackout, according to docket 23-427 postings Tuesday. In meetings with the offices of FCC Chairwoman Jessica Rosenworcel and Commissioners Geoffrey Starks, Brendan Carr and Nathan Simington, NCTA, Comcast, Charter and Cox Communications representatives said that while the NPRM (see 2401170072) proposes reporting on blackouts that last more than 24 hours, it should focus on longer blackouts because that would be less disruptive to negotiations. The cablers also argued against reporting the number of subscribers affected. However, if reporting such numbers eventually is required, then the FCC should keep figures confidential. In meetings with Rosenworcel and Starks aides, NAB asserted that a blackout reporting requirement would exceed the FCC's limited statutory authority relating to retransmission consent, and wouldn't provide consumers with meaningful information. NAB said disruptions increase during key congressional or FCC deliberations on retrans issues. A public database of retrans blackouts "will serve as an 'attractive nuisance' that MVPDs cannot resist, triggering increased disruptions and harming consumers," it said. NAB has had similar meetings with the offices of Carr and Simington.
The California Public Utilities Commission is mulling ways it can support broadband adoption in the wake of the federal affordable connectivity (ACP) program ending, Communications Division Director Rob Osborn said during the California Broadband Council’s meeting Tuesday. The state is making significant progress advancing its broadband-for-all goals, reported Scott Adams, deputy director of the California Department of Technology (CDT) broadband and digital literacy office.