Few of the first tranche of rural digital opportunity fund program recipients authorized in 2021 are behind on their buildouts of broadband to unserved areas. The FCC has seen only a smattering of notifications in recent days from operators alerting it about falling short of the milestone of being 40% deployed as of the end of 2024 (see 2501160056). But broadband experts told us the rate of missed milestones could be higher when it comes to the second batch of RDOF carriers, authorized in 2022. That group has until the end of this year to meet its 40% buildout milestone.
An auction of AWS-3 licenses returned to the FCC by affiliates of Dish Network in 2023 is expected to start and possibly end this year, wireless industry experts said. In addition, the auction will offer unsold licenses from the initial Auction 97, the AWS-3 auction 10 years ago. The FY 2025 National Defense Authorization Act, which authorized the auction, allows 18 months for it to be held. It would be the FCC’s first auction of spectrum for full-power licensed use since 2022, with part of the proceeds going to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program.
The FCC overstepped its statutory boundaries in trying to implement the Telephone Consumer Protection Act, the 11th U.S. Circuit Court of Appeals said Friday, as it vacated part of the agency's 2023 robocall amid robotext order. In a 23-page decision (docket 24-10277), Judges Elizabeth Branch, Robert Luck and Barbara Lagoa sided with petitioner Insurance Marketing Coalition and said the 2023 order sets rules that conflict with the ordinary statutory meaning of the TCPA's "prior express consent" language. The 11th Circuit vacated the portion of the order that states that a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit also remanded the order back to the FCC for further proceedings.
House Commerce Committee leaders drew battle lines during and after a Thursday Communications Subcommittee hearing over GOP proposals to move spectrum legislation as part of an upcoming budget reconciliation package (see 2501070069). House Commerce ranking member Frank Pallone of New Jersey and other Democrats strongly objected to using reconciliation as a spectrum vehicle because it would allocate future license sales revenue to fund tax cuts instead of telecom priorities. Lawmakers from both parties again cited long-standing DOD objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies as a continued flashpoint in spectrum legislative talks in this Congress (see 2501070069).
FCC Chairman Brendan Carr promotes Jacob Lewis to acting general counsel, replacing Michelle Ellison; Patrick Webre to acting chief, Enforcement Bureau, replacing Peter Hyun; Eduard Bartholme to acting chief, Consumer & Governmental Affairs Bureau, replacing Alejandro Roark; Erin Boone to acting chief, Media Bureau, replacing Holly Saurer. Carr moves Joel Taubenblatt to acting chief, Wireless Bureau; Trent Harkrader to acting chief, Wireline Bureau; Debra Jordan to acting chief, Public Safety Bureau.
The FCC Space Bureau can't ignore commission-set requirements "simply ... because SpaceX does not like them," Viasat said as it continues arguing for reconsideration of a portion of the SpaceX/T-Mobile authorization to provide supplemental coverage from space service (see 2412270017). In a docket 23-135 filing posted Wednesday, Viasat said SpaceX's reply to the recon petition ignores some of Viasat's key points, such as the SCS order is contrary to the bureau's determination last year to deny SpaceX access to parts of the 1429-2690 MHz band because they aren't available for mobile satellite service (MSS). Viasat also attacked SpaceX's arguments calling for dismissal of the recon petition since Viasat didn't previously file comments in the dockets where SpaceX requested SCS authority. It's an "inescapable fact" that the SpaceX SCS order includes band segments that weren't part of the agency's previous SCS framework order and thus can't be used for SCS service, Viasat said.
FCC Chairman Brendan Carr appeared to signal in posts on X Wednesday that the agency could consider stepping up enforcement of the Calm Act, which combats loud advertisements. “I’ve asked my team to look into this,” Carr said in a post. He was replying to a request for FCC intervention on loud ads; his Chief of Staff Greg Watson affirmed the response. The FCC sought comment on the effectiveness of Calm Act enforcement in 2021 under then-Chair Jessica Rosenworcel (see 2105210043), but that proceeding didn’t prompt rules or a visible increase in enforcement. MVPD groups said then that most complaints the FCC receives concerning Calm Act violations either aren’t specific enough to be actionable or concern streaming services.
The FCC gave proper notice that the 2024 foreign-sponsored content rules could apply to noncandidate political advertising and public service announcements, the agency said in a brief Friday filed in docket 24-1296 at the U.S. Court of Appeals for the D.C. Circuit. It also said Congress authorized the requirement that stations obtain certifications that their air time isn’t being leased by foreign governments. The law gives the FCC the power to require broadcasters to use “reasonable” diligence to determine the sponsor of an ad or lease, the agency said, citing the U.S. Supreme Court’s Loper Bright v. Raimondo decision striking down Chevron deference. “The use of the term ‘reasonable’ means Congress ‘authorized’ the agency ‘to exercise a degree of discretion’ in determining the diligence required,” the FCC said.
Technology companies and others are already working on issues surrounding georouting texts to the 988 Suicide and Crisis Lifeline, and that process should play out before the FCC gets involved with deadlines and requirements, Media Institute Senior Fellow and former FCC Commissioner Mike O'Rielly wrote Wednesday. He said the idea that only FCC public safety mandates can get the work done "has been disproved time and time again," and there are numerous examples of the agency wrongly imposing mandates before the technology was ready. Given the "reasonable level of uncertainty as to when georouting for 988 texts could be technically operational and deployed," the commission should watch the process for now, he said. "Nothing is to be gained by setting arbitrary requirements and/or deadlines." Some communications industry interests have also argued that the agency should hold off on setting 988 text georouting requirements (see 2501100033).
Semtech said Wednesday that its EM8695 5G RedCap module was tested and certified for use on AT&T’s reduced capacity (RedCap) network. The device also has certifications from the FCC and the PCS Type Certification Review Board. RedCap technology allows more bandwidth and capacity in IoT devices while reducing power use and other costs (see 2303270060). “Recent industry projections emphasize RedCap's critical role in driving IoT growth,” Semtech said. “According to Omdia, global RedCap connections are expected to surge from 27.6 million in 2023 to 963.5 million by 2030.”