Proposals in the submarine cable NPRM on the FCC's Nov. 21 agenda (see 2410310048) could undermine deployment of fiber optic subset cable infrastructure, according to the International Connectivity Coalition. Meeting with the offices of the five FCC commissioners, ICC representatives said U.S. data flows could become more centralized -- and vulnerable -- without continued infrastructure growth and landing site diversification. ICC members urged that the NPRM be aligned to specific national security risks and that there be inquiries into such issues as subset cable resiliency and the importance of trusted suppliers, said a filing posted Monday in docket 24-153.
McLaughlin Chiropractic Associates laid out why the U.S. Supreme Court should overturn the 9th U.S. Circuit Court of Appeals' decision that, under the Hobbs Act, courts must accept the FCC’s interpretation of the Telephone Consumer Protection Act. McLaughlin pointed to PDR Network v. Carlton & Harris Chiropractic, a 2019 SCOTUS case about FCC authority to implement the TCPA. The court handed down what was seen as a middle-of-the-road decision in that case (see 1906200055). “There, the Fourth Circuit held that it was bound by the FCC’s interpretation of the TCPA, just like the Ninth Circuit did,” said a brief SCOTUS posted Monday. “Although a majority of this Court didn’t reach the question, four Justices concluded that the Hobbs Act ‘does not bar’ a party ‘from arguing that the agency’s interpretation of the statute is wrong,’” the brief said: “Like PDR Network, this case involves private TCPA claims for money damages and the appeal turns on whether an FCC order bound the court.” Nothing in the Hobbs Act’s text “supports the Ninth Circuit’s reading,” McLaughlin said: “Nor is there any other basis to conclude that Congress designed the Hobbs Act to strip district courts of their authority to interpret a federal statute. … No one doubts that district courts may not hear pre-enforcement petitions seeking those specific forms of relief.” But the Hobbs Act “says nothing about other kinds of actions, like a private action for money damages, that are properly filed in federal district court under ordinary federal-question jurisdiction.” SCOTUS is to hear oral argument Jan. 21 in McLaughlin Chiropractic Associates v. McKesson. The case is viewed as having larger implications for the FCC beyond its legal interpretation of the TCPA (see 2410170015).
The U.S. Court of Federal Claims on Monday partially granted and partially rejected U.S. arguments for dismissing Ligado's L-band takings suit against the federal government (see 2310130003). In an order Monday (docket 23-1797L), Judge Edward Damich said Ligado seems to have a rational argument that Congress has essentially barred DOD from conducting business with any entity contracting with Ligado for ancillary terrestrial component operations in the L band, putting the company's business in jeopardy. However, Damich also said, Congress may put limits on the L-band license that can't be challenged as a taking even if it effectively terminates the license. But because the FCC, in licensing the L band to Ligado, required cooperation with the DOD, Ligado's case can go forward, the judge ordered. He gave the government 45 days to respond to the company's complaint.
A three-judge panel at the U.S. Court of Appeals for the D.C. Circuit did not appear receptive Monday to a low-power TV broadcaster’s oral argument (docket 24-1004) that Congress didn’t intend to limit the 2023 Low-Power Protection Act’s effects to smaller markets (see 2407050020).
Commenters disagreed on whether the FCC should require additional disclosures relative to AI calls, in reply comments to an NPRM that commissioners approved 5-0 in August. Consumer and public interest groups urged a smart approach, targeting calls that will most likely confuse consumers. Industry commenters said no new rules are needed now.
Republican FCC Commissioner Brendan Carr swiftly pointed Sunday night and Monday to enforcing broadcasters’ “public interest obligation” and ending the commission’s “promotion of” diversity, equity and inclusion policies as key parts of his agenda once he becomes chairman Jan. 20. President-elect Donald Trump announced plans Sunday night to make Carr permanent chairman when he takes office (see 2411170001). Some congressional Democrats and public interest groups criticized Carr’s agenda, while many communications policy-focused groups quickly praised the long-expected appointment (see 2407120002).
The FCC opted for relaxed interference protection criteria for non-geostationary orbit (NGSO) fixed satellite service (FSS) systems approved in different processing rounds despite opposition from some satellite operators. Approved Nov. 5, the order was released Friday, 10 days later. Its 5-0 approval was expected (see 2410040025). The 3% average throughput degradation long-term interference protection criteria was supported by multiple satellite operators, including SpaceX, but faced objections from OneWeb. The agency said it disagreed with OneWeb's contention that a 3% threshold would disincentivize coordination among satellite operators. Noting a lack of consensus among commenters about the appropriate short-term protection criterion, the FCC said SpaceX's proposal for a 0.4% absolute increase in unavailability metric more closely aligns with agency goals of regulatory certainty plus good opportunities for later-round entrants and competition than rival proposals did. The FCC declined to insert limits on aggregate interference in an NGSO FSS system. It said there was no demonstrated need for such limits, with 2029 the earliest when any second processing round system would be required to deploy its full constellation. The agency also rejected OneWeb's reconsideration petition on the sunset provision in the FCC's 2023 NGSO satellite spectrum sharing order (see 2307210037). It said for OneWeb and other first processing round systems, the 2030 sunset date -- 10 years after the first grant in second processing round in 2020 -- "relieves them of the uncertainty of near-term, equal sharing with new entrants intended by the sunset period."
AST SpaceMobile's first tranche of commercial BlueBird satellites is "now ready to become operational" and FCC approval of commercial direct-to-device service is "imminent," CEO Abel Avellan said in a call with analysts Thursday evening. That tranche of five BlueBirds launched in September (see 2409120004) will provide "close to 100%" nationwide coverage in the U.S., he added. AST has agreements with SpaceX and Blue Origin for the launch of 60 next-generation BlueBird satellites in 2025 and 2026 to bring service to other key markets. Chief Strategy Officer Scott Wisniewski said that once AST has 45 to 60 BlueBirds in orbit, it could offer cellular broadband coverage to the top wireless markets and have network capacity for "hundreds of millions of potential subscribers."
Changes to applications concerning the $8 billion Paramount Global/Skydance Media deal constitute major amendments that warrant a further pleading cycle, the FCC Media Bureau said Friday in docket 24-275. Revised petitions to deny are due Dec. 16, with revised oppositions to petitions due Jan. 2 and revised replies Jan. 13. The bureau said changes to the applications indicate Skydance CEO David Ellison would hold voting control over the corporate entities that ultimately would run the combined companies. The initial pleading cycle saw arguments from labor unions for labor-related conditions on any license transfer approvals (see 2410080033).
As part of Australian telecommunications company Vocus Group's purchase of Australian telecom TPG Telecom's submarine cable business, the two are seeking FCC approval for control of the submarine cable landing license they jointly hold for the PPC-1 submarine cable system. In an application posted Friday, the two said they hope to close on the deal in Q3 2025. PPC-1 started service in 2009 and connects Sydney, Australia, and Piti, Guam.