FCC staff on Saturday received the same email that most federal employees did from the Office of Personnel Management, asking them to justify their work, but it was unclear Monday how or if FCC staff would respond. The FCC didn’t comment Monday. The leaders of unions that represent federal employees slammed the email. President Donald Trump said Monday he supports the effort.
Oral argument in NAB’s challenge of the FCC’s foreign-sponsored content rules is scheduled for April 7, said a clerk’s order Friday in docket 24-1296 at the U.S. Court of Appeals for the D.C. Circuit. NAB has argued that the FCC didn’t give proper notice that the rules would apply to all non-candidate political advertising, while the FCC under former Chairwoman Jessica Rosenworcel said the rules were properly imposed and authorized by Congress. As a commissioner, current Chairman Brendan Carr dissented in part from the rules, also arguing that the agency didn’t give broadcasters enough notice. When a Carr-opposed order from the Rosenworcel administration was the subject of oral argument in the 5th Circuit earlier this month, the FCC declined to defend portions of it (see 2502040061).
SpaceX representatives met staff from all four FCC commissioner offices seeking tweaks to the notice of inquiry on the upper C band, set for a vote Thursday (see 2502060062). “Swiftly establishing a modern sharing framework for the 3.98-4.2 GHz band … will help solidify American leadership in next-generation 6G networks that interweave terrestrial and satellite systems to provide ubiquitous connectivity to consumers,” said a filing posted Friday in docket 25-59. SpaceX said it sought “targeted changes” to the draft: “Accelerating the comment and reply deadlines for the item to 30 and 45 days after publication in the Federal Register, respectively, will provide sufficient time to develop a record while allowing the Commission to expeditiously initiate a rulemaking proceeding for the band.”
Representatives from CTIA, T-Mobile, UScellular and Verizon met with an aide to FCC Commissioner Anna Gomez about the upper C band, closing out a round of meetings with commissioner aides on a notice of inquiry set for a vote Thursday (see 2502200049). “CTIA urges the Commission to advance the NOI and move quickly to a notice of proposed rulemaking to maximize the spectrum opportunity for 5G in the Upper C-Band and provide certainty to market participants on the timeline for auction and for transitioning the band for licensed, full-power terrestrial wireless use,” CTIA said in a filing posted Friday in docket 25-59.
Buu Nygren, president of the Navajo Nation, urged FCC Chairman Brendan Carr to make a tribal priority window part of future FCC auctions of AWS and upper C-band spectrum. “The success of the 2.5 GHz Rural Tribal Priority Window has demonstrated the transformational impact of policies that provide direct spectrum access to Tribal Nations,” said a filing posted Friday in docket 13-185. The 2.5 GHz window, established under Republican Chairman Ajit Pai’s “leadership in 2020, was an unprecedented federal policy that enabled over 300 federally recognized tribes to obtain spectrum in rural areas,” Nygren said. The Institute for Local Self-Reliance asked the FCC to add questions on tribal windows to the C-band notice of inquiry and AWS-3 NPRM before commissioners, both set for votes Thursday (see 2502060062). “One of the great challenges in addressing the lack of modern communications technologies that Tribal Nations and the Commission face together in their joint efforts to address their broadband challenges is the lack of access to spectrum and spectrum licensing opportunities,” said a filing posted Friday. The 2.5 GHz window “dramatically increased the number of Tribal Nations holding spectrum licenses from 18 to at least 319.”
Representatives from fiber company Arcadian met with an aide to FCC Chairman Brendan Carr about the importance of programmatic agreements for building out infrastructure. Arcadian asked in particular about potential agreements with the Bureau of Land Management, the Fish and Wildlife Service and the National Park Service, said a filing posted Friday in docket 17-84. “Programmatic agreements would save time and money on projects by covering large swaths of land in one permit rather than having to pull permits for every small parcel involved in a project,” Arcadian said. “These agreements also have long-term benefits for future maintenance and repair work.”
The FCC should move cautiously in revising rules for pole attachments, representatives of infrastructure builder Extenet said in a meeting with aides to FCC Chairman Brendan Carr. Commissioners approved a Further NPRM in 2023 about resolving pole attachment disputes more quickly (see 2312130044). “Extenet encouraged the Commission to focus on enforcing current regulations to promote transparency and communication, rather than repealing … regulations,” said a filing posted Friday in docket 17-84. “Current regulations balance the needs of both utilities and attachers and should be enforced.”
Kyle Zebley, the American Telemedicine Association's senior vice president-public policy, sought Friday to ease concerns of Rep. Ro Khanna, D-Calif., and others that Medicare could 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). Zebley said Friday that “conversations on Capitol Hill confirm that President [Donald] Trump and his team are actively working with Congress to extend vital telehealth flexibilities beyond” March 31.
The FCC deactivated the disaster information reporting system and mandatory disaster response initiative for counties in Kentucky affected by flooding, according to a pair of public notices Thursday. “Communications providers do not need to provide any additional reporting in DIRS in connection with this event,” said the DIRS notice. “This deactivation occurs at the request of the Commonwealth of Kentucky and in coordination with the Federal Emergency Management Agency,” said the MDRI notice.
The DOJ will no longer defend removal protections for administrative law judges, said Chad Mizelle, its chief of staff, in a release Thursday. The FCC has one administrative law judge, Jane Halprin. “Unelected and constitutionally unaccountable ALJs have exercised immense power for far too long,” Mizelle said. “In accordance with Supreme Court precedent, the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people.” The FCC has said in court filings (see 2304140058) that if its ALJ were declared unconstitutional, its ability to hold hearings wouldn’t be affected because FCC rules allow commissioners to preside over them. Standard General raised arguments that the FCC ALJ is unconstitutional during the hearing proceeding over its blocked purchase of Tegna in 2023.