Hilliary Acquisition asked the FCC to reconsider a January order denying its request that the agency return $644,722 in down payments for 42 licenses where it was the high bidder during the 2020 citizens broadband radio service auction (see 2412110065). In addition, it is seeking a writ of mandamus ordering the return of the money at the U.S. Court of Appeals for the D.C. Circuit (see 2501290067). “Reconsideration is warranted because the FCC failed to address Hilliary’s request for relief when it denied Hilliary’s request for partial refund,” said a filing this week in docket 19-244. While Hilliary requested a refund of the amount held by the FCC that exceeded the required deposit under the agency’s rules, the commission “instead ruled on whether it should issue a refund of the entire amount of money paid by Hilliary in connection with the auction,” the filing said. “Reconsideration is also warranted because the FCC’s rules do not contain any provision for the Commission to retain the amount of a final payment made by a disqualified winning bidder,” it continued. “Due to the lengthy and excessive period of time that the FCC has unlawfully retained the amount of Hilliary’s overpayment, Hilliary seeks expedited reconsideration of the Refund Order and issuance of the requested refund.”
Significantly higher power levels and relaxed emission limits across the citizens broadband radio service band could cause problems for users, Spectrum for the Future said following meetings with aides to FCC Commissioners Nathan Simington and Anna Gomez. Other groups and companies have expressed similar concerns (see 2502060050). “Such changes would fundamentally alter the longstanding nature of CBRS, result in massive harmful interference to existing deployments, undermine existing and planned investments” and “immediately halt America’s global momentum in private wireless networks,” said a filing posted Thursday in docket 17-258.
The Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector, also known as Team Telecom, notified the FCC this week that it's reviewing Bell Canada's proposed acquisition of Ziply Fiber (see 2412090045). The deal is straightforward, and “there is no significant risk to the transaction being approved,” New Street's Blair Levin said Thursday. But, he added, approval may get caught up in President Donald Trump’s pursuit of tariffs.
The FCC should stay the Wireline Bureau order denying AT&T’s request for review of Universal Service Administrative Co. decisions on recovering funds disbursed under the emergency broadband benefit (EBB) program (see 2501170042|), AT&T said in a request for stay filed Wednesday. The bureau’s denial order, which upheld USAC’s decision to recover EBB funds paid to AT&T, was “contrary to the statute that created the EBB Program and the Commission’s implementing rules,” AT&T said. If the denial order isn’t stayed while AT&T appeals it, USAC could continue recovery actions against AT&T. “Maintaining the status quo pending Commission action” on the appeal “will harm no party and serve the public interest by preventing a potential chilling effect on provider participation in current or future low-income subsidy programs,” AT&T said.
Rep. Ro Khanna, D-Calif., raised concerns Thursday about alerts that Medicare “will stop covering most telehealth services” on April 1. A December continuing resolution to extend appropriations to the FCC and other federal agencies through March 14 also temporarily prolonged some temporary rules changes giving Medicare recipients eligibility for telehealth services until March 31 (see 2412230024). Congress enacted the expanded telehealth rules during the COVID-19 pandemic (see 2006150032). "What is the rationale for this other than making life more difficult for many seniors?” Khanna asked on X.
A disaster information reporting system update Thursday showed 1,081 cable and wireline subscribers without service in 10 Kentucky counties affected by the recent floods. That’s an improvement over the 8,708 reported down Wednesday. DIRS showed one cellsite down in the affected area, compared with three reported Wednesday. No broadcast stations were listed as out of service. The FCC issued public notices this week on priority communications services, FCC availability and emergency communication procedures for licensees that need special temporary authority. The Public Safety Bureau also issued a reminder for entities clearing debris and repairing utilities to avoid damaging communications infrastructure.
The FCC should “assume a less interventionist regulatory posture by narrowing the exercise of its public interest authority,” said Free State Foundation President Randolph May in a blog post Thursday. He said a narrower definition of “public interest” should apply in merger reviews and administration of the USF. The FCC “should reform the merger review process by announcing a policy that, absent extraordinary circumstances, it will largely defer to the DOJ’s and FTC’s expertise regarding any competitive concerns.” He called for the agency to “refrain from imposing ‘voluntary' conditions on merger proponents that are unrelated to compliance with existing statutory or regulatory requirements.” Narrower definitions are also needed when the FCC periodically reviews regulations to determine if they are still in the public interest, May said. The FCC “should assert that it possesses the discretion to narrow the scope of its public interest determination in the regulatory review proceedings to effectuate their obvious deregulatory intent." When deciding whether to forebear from enforcing unnecessary rules, the FCC should consider itself to have satisfied the public interest if the rule in question isn’t needed to ensure provider practices are just or protect consumers, May said. “Then, the forbearance provision could be used, as Congress intended, to eliminate many of the legacy regulations which remain on the Commission's books.”
Jones Day’s Yaakov Roth, husband of NTIA nominee Arielle Roth, withdrew Thursday as counsel to Maurine and Matthew Molak in their challenge in the 5th Circuit U.S. Court of Appeals of a 2023 FCC declaratory ruling (docket 23-60641) clarifying that Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2411040061). Jones Day’s David Suska will still represent the Molaks, Yaakov Roth said in a letter to the 5th Circuit. Some lobbyists wondered whether the NTIA nominee’s Senate Commerce Committee critics would mention Yaakov Roth because of his role in the Molaks’ E-rate challenge and because he argued on behalf of plaintiffs in the U.S. Supreme Court’s review of West Virginia v. EPA, which led the court in 2022 to fully adopt the “major questions” doctrine (see 2502040056).
American Action Forum’s Jeffrey Westling urged Capitol Hill on Thursday not to abandon hopes of mandating reallocation of some federal agencies’ spectrum as part of a budget reconciliation package. His argument came as DOD backers' lingering objections to reapportioning any military-controlled bands still threaten to derail that push (see 2502180058). Meanwhile, Spectrum for the Future pushed back Wednesday night against what it called “misleading claims” during a Senate Commerce Committee hearing (see 2502190068) that an FCC auction of DOD-controlled midband frequencies could generate $100 billion in revenue.
FCC Commissioner Anna Gomez condemned the FCC investigations of broadcast networks as "weaponization" of the FCC's authority, while the Center for American Rights called for the agency to investigate diversity initiatives at CBS.