Citizens Against Government Waste opposed a handset unlocking mandate as proposed in a July NPRM that FCC commissioners approved unanimously (see 2407180037). “The NPRM as currently proposed is unnecessary,” said a filing posted Wednesday in docket 24-186: “The wireless industry has adopted standards for cell phone unblocking. Limitations on unblocking exist solely due to merger conditions created by the FCC for select mobile providers. And consumers can choose to purchase unlocked devices either through a device manufacturer or on the secondary market.” AT&T also opposed a mandate, questioning the FCC's authority to act. An AT&T representative met with aides to Chairwoman Jessica Rosenworcel and Commissioners Brendan Carr and Anna Gomez. “Because no provision of the Communications Act explicitly grants the Commission authority to require handset unlocking or to regulate handset sales or financing in any manner, the Commission proposed” in the NPRM relying on "general grants of authority and on the authority to modify spectrum licenses,” AT&T said.
CTIA and the U.S. Chamber of Commerce supported Verizon’s challenge of the FCC's April fines for data violations, filing amicus briefs in the 2nd U.S. Circuit Court of Appeals. On a 3-2 vote in April, commissioners imposed fines against the three major wireless carriers for allegedly not safeguarding data on customers' real-time locations years earlier (see 2404290044). Commissioners Brendan Carr and Nathan Simington dissented. The two groups earlier filed in support of AT&T’s challenge of its fine in the 5th Circuit (see 2408060035). “For years, wireless service providers enabled beneficial, legitimate uses of customer location data with their customers’ consent,” CTIA said in a brief filed this week in docket 24-1733. These uses included the provision of emergency assistance and fraud detection, CTIA said. “For years, the FCC was aware of these services, never once suggesting an issue,” the group said: “But after a third party not before this Court misused a location service, the Commission changed its mind and, in the Order under review, declared Verizon’s location-based services unlawful -- levying a $46.9-million forfeiture to boot. The Commission’s newfound interpretation is patently unlawful and flouts both the text of the statute and decades of the agency’s own precedent.” The FCC “abused its investigative and enforcement authority to violate the company’s Seventh Amendment right to a jury,” the Chamber told the court. The agency then “announced and applied novel legal interpretations of the Communications Act to calculate and impose staggering forfeitures for activities that were not at the time of conduct a violation of any agency rule or law.”
The FCC extended for up to six years its freeze on federal-state jurisdictional separations of telecom costs and revenue for rate-of-return incumbent local exchange carriers (see 2407020017). Separations rules "play a substantially diminished role in allocating costs between the interstate and intrastate jurisdictions," the agency said in an order Thursday in docket 80-286. The FCC referred to the Federal-State Joint Board on Jurisdictional Separations the issue of whether to permanently freeze the rules and whether carriers still using separations should be allowed to unfreeze their category relationship every few years. The freeze expires Dec. 31, 2030, or after it receives a Joint Board recommendation.
FCC Chairwoman Jessica Rosenworcel released a nine-part podcast series called “FIRSTS Conversations” about “leaders who cleared the path for others or launched an innovative technology that changed how we operate and live our modern day lives,” said an agency news release Wednesday. Rosenworcel is the FCC’s first female permanent chair. The debut episode’s guest is former FCC Chairman Bill Kennard, the first African American to head the agency. Other guests include documentarian Ken Burns, ITU Secretary General Doreen Bogdan-Martin and AOL founder Steve Case. “For every historic ‘first’ there are always people who came before them, who cleared the path and made it easier for others to follow and go even farther,” said Rosenworcel in the release. “That’s the virtuous cycle, and what this podcast speaker series aimed to uncover.” Rosenworcel previously hosted a podcast called Broadband Conversations from 2018 to 2020, on "women who are making a difference in our digital lives."
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New suits since the last update are marked with an *.
FCC Commissioner Brendan Carr posted his support Wednesday of President-elect Donald Trump's announcement that Space-X CEO Elon Musk and former Republican presidential candidate Vivek Ramaswamy will lead a new Department of Government Efficiency (DOGE) to “dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies.” “Delete, delete, delete,” commented Carr on a post from Musk about the new department.
Charter Communications' plans to buy Liberty Broadband should give it much more flexibility, rather than having to take into account what Liberty -- which is a blocking minority shareholder in Charter -- wants, Recon Analytics' Roger Entner told us in an email. Under the deal Charter announced Wednesday, it's buying Liberty Broadband's stake in Charter, while Liberty Broadband spins off GCI into an independent company.
Attorneys general of 46 states and the District of Columbia urged the FCC to proceed with its proposed revisions to the robocall mitigation database (RMD). In reply comments posted Wednesday in docket 24-213 (see 2410160037), several industry groups also backed the proposal and sought some changes that will ensure information filed by providers is as accurate as possible.
Members of the Public Safety Spectrum Alliance cast the FCC’s recent order allowing FirstNet to use unassigned parts of the 4.9 GHz band as a win for public safety agencies. Industry experts said the order is unlikely to be reversed in the Donald Trump administration since it was approved with the support of FCC Republicans Brendan Carr and Nathan Simington. Opponents have threatened litigation (see 2410220027).
The FCC should continue applying orbital debris rules to all space operators until Congress creates a framework that addresses mission authorization for in-space servicing, assembly and manufacturing (ISAM) missions, according to the U.S. Chamber of Commerce. In a docket 22-271 filing posted Tuesday, it said Congress also could preclude FCC debris oversight by further clarifying rules and responsibilities for orbital debris oversight. The Chamber urged the FCC to schedule a future rulemaking to look at long-term spectrum needs for ISAM operations. It argued that the FCC should license ISAM missions under an "activity based" licensing framework, with a single license covering ISAM activities within the scope of the license and within the same orbital regime, instead of a "case by case" licensing framework.