The telecom industry and public interest groups supported government arguments asking the U.S. Supreme Court to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program (see 2501090045). In a decision that sent shock waves through the telecom industry, judges on the conservative circuit agreed with Consumers' Research that USF violates the Constitution by improperly delegating Congress’ power to the FCC and the agency's power to a private company, the Universal Service Administrative Co. (see 2412100060).
The office of Republican FCC Commissioner Brendan Carr, President-elect Donald Trump's pick to become chairman, said Thursday night he doesn’t oppose Senate Commerce Committee GOP Telecom Policy Director Arielle Roth as a potential nominee to fill the commission seat Chairwoman Jessica Rosenworcel will vacate Jan. 20. Carr Chief of Staff Greg Watson pushed back against reports framing Carr as opposing a Roth nomination, a position that would put him in conflict with Senate Commerce Chairman Ted Cruz, R-Texas. Cruz is strongly backing Roth behind the scenes, leading some to see her as the front-runner for Rosenworcel's seat, communications sector lobbyists told us (see 2412110046).
Umbra Lab is targeting Q4 2025 to launch four additional synthetic aperture radar earth exploration satellite service microsatellites, it told the FCC Space Bureau in an application filed Wednesday. The company said that Umbra-11, -12, -13 and -14 will replace some of the 10 Umbras that the FCC previously authorized and that were launched. Umbra said the four will have largely the same RF and orbital characteristics as the ones approved.
The full FCC approved five notices of apparent liability against pirate broadcasters proposing a total of $260,000 in penalties, according to NALs in Thursday’s Daily Digest. The NALs were approved 4-1, with Commissioner Nathan Simington dissenting. Simington has said he will dissent from all proceedings involving monetary forfeitures until the FCC responds to the U.S. Supreme Court’s SEC v. Jarkesy decision (see 2409060054). The agency proposed penalties of $60,000 for Carlos Alberto Vazquez of Painesville, Ohio; for Wilfredo Ayala of Hartford, Connecticut; and for Sheldon Morgan of Hartford and his company, Morgan Media. The FCC proposed $40,000 penalties each for James Baran of Geneva-on-the-Lake, Ohio, and Efrain Gonzalez of Waterbury, Connecticut. All the targets are connected with addresses where Enforcement Bureau field agents measured unauthorized radio broadcasts, and several of the pirate operators posted to social media platforms of videos themselves operating their stations, the NALs said.
A trio of public safety groups urged the FCC to require telecom providers to “implement, host, maintain, and operate” a secure, two-way outage dashboard providing updated information on 911 outages. The Association of Public-Safety Communications Officials, the National Association of State 911 Administrators and the National Emergency Number Association said the existing system isn’t working. “Unfortunately, the Commission’s current outage reporting rules combined with the practices of the service providers often result” in emergency communications centers (ECCs) “not being notified of outages or receiving notifications that are either irrelevant to the ECCs’ jurisdiction, provide limited information, are not updated in a timely manner, or are formatted in a way that it is difficult and time-consuming for the ECCs to parse through during an outage situation,” said a filing this week in docket 15-80. ECCs “should be notified of outages and disruptions that could impact communications … even if the outage does not meet the high thresholds that trigger a notification requirement in the existing rules,” they added.
Several additional groups filed at the FCC this week urging that it approve T-Mobile’s proposed purchase of "substantially all” of UScellular’s wireless operations (see 2501080071). The Information Technology and Innovation Foundation told the FCC the deal promotes wireless competition. The FCC “should be guided by the fact that the public interest is best served by maximizing the productivity of spectrum,” ITIF said: The proposed transaction “would transfer spectrum from the hands of a struggling company, UScellular, to a major carrier with the economies of scale to provide more consumer benefits at a lower per-unit cost of production.” TechFreedom said the public interest statement and other documents the companies submitted “paint a bleak future for UScellular, and more importantly, for UScellular customers, without approval” of the deal. “Far from being a ‘maverick’ that can disrupt even local markets, UScellular is losing the economic battle to remain solvent and relevant,” TechFreedom said. UScellular is a “regional carrier lacking the necessary subscriber and financial resources to fund the full deployment of 5G services,” the group said. The U.S. Black Chambers and U.S. Hispanic Chamber of Commerce jointly urged approval. “For Black and Hispanic business owners, expanded network infrastructure ensures equitable access to essential tools such as e-commerce platforms, cloud-based solutions, and digital marketing strategies that drive growth,” they said. The League of United Latin American Citizens said integrating UScellular’s assets into T-Mobile’s network “will significantly enhance network capacity, deliver faster speeds, and reduce congestion, providing substantial benefits to consumers in underserved areas.” Some 40% of UScellular’s coverage “serves rural populations, where access to robust and reliable wireless services is essential,” the league said.
The Wireless Infrastructure Association urged Congress Thursday to “reintroduce and pass” the 2024 Spectrum Pipeline Act backed by Senate Commerce Chairman Ted Cruz, R-Texas, and Senate Majority Leader John Thune, R-S.D. It would restore the FCC’s lapsed auction authority and proposes requiring NTIA to identify at least 2,500 MHz of midband spectrum the federal government can reallocate within the next five years (see 2403110066). Congressional GOP leaders are eyeing using a coming budget reconciliation package to address spectrum issues, including reauthorizing the FCC’s mandate (see 2501070069). WIA also urged NTIA to “accelerate” the national spectrum strategy. “We need to move beyond studies and get to solutions that meet industry needs while respecting critical government functions,” it said. WIA urged lawmakers to refile the American Broadband Deployment Act permitting package that the House Commerce Committee approved in 2023 (see 2305240069). The measure, which groups together more than 20 GOP-led connectivity permitting bills, drew unanimous opposition from House Commerce Democrats, and local government groups continued lobbying against the measure last year (see 2409180052). “A consistent permitting framework set at a national level, but flexible enough to accommodate local needs and interests, is the key to sustained success for wireless infrastructure deployment,” WIA said. The group “values and respects the need for local permitting processes; the reforms WIA proposes all build upon that premise, but with safeguards built in where the level of review becomes unpredictable, untimely, disproportionate, or unworkably opaque.”
Impact on telecommunications from the Los Angeles County wildfires are “minimal so far,” but the FCC will continue monitoring the situation, said FCC Chairwoman Jessica Rosenworcel in a statement Thursday. If the fires begin affecting “residents’ ability to receive the information they need to stay safe” the FCC “stands ready to support in any way it can,” Rosenworcel said. That could include requests to deploy FCC staff to help with communications network recovery, she said. “Our hearts remain with everyone impacted by the wildfires ravaging Los Angeles County and the first responders answering the call during this time of emergency.”
With the 6th U.S. Circuit Court of Appeals ruling overturning the FCC’s latest order (see 2501020047), the U.S. has likely seen the last gasps of net neutrality, Free State Foundation President Randolph May said in the Yale Journal on Regulation. “Because of Loper Bright’s burial of Chevron deference, there’s a good chance that the ‘net neutrality’ saga, finally, may be over, at least in the courts,” May wrote. “With the impending change in the FCC’s makeup, there’s virtually no chance the agency will seek reconsideration or appeal to the Supreme Court,” he added. Other parties in the litigation “favoring regulating ISPs like public utilities could pursue those avenues, but it’s unlikely they will want to risk a Supreme Court decision affirming the Sixth Circuit decision.” Congress, not the FCC, is “the appropriate forum for the debate regarding adoption of a proper policy framework for broadband providers.” Daniel Lyons, a nonresident senior fellow at the American Enterprise Institute, also praised the 6th Circuit decision. “The court eschewed the easier path of ruling under the Major Questions Doctrine and instead tackled the complex and often contradictory language of the Communications Act,” Lyons wrote in a Thursday blog post. He saw the decision as a win for industry and innovation. The FCC can no longer “impose a one-size-fits-all business model on broadband providers, allowing them to explore innovations like 5G network slicing without fearing regulatory backlash,” he said: ISPs “are no longer at risk of rate regulation and other regulatory requirements that come with Title II classification, a category originally designed to discipline the telephone system.”
The NAB’s ATSC 3.0 task force, The Future of TV Initiative (see 2408300030), is expected to produce a final report “soon” members said, but broadcasters told us much of the impetus behind the effort has faded due to the coming leadership change at the FCC. Commissioner Brendan Carr, the agency's chairman-designate, is seen as more favorable to the 3.0 transition, broadcasters said. The task force first met in June 2023, and members said it would issue a final report in fall 2024. “It is a daunting effort to put that report together in a way that everyone can sign off on the language,” said Robert Folliard, a task force member and Gray Media senior vice president-government relations and distribution. “We expect the report to come out very soon,” an NAB spokesperson said.