The U.S. Supreme Court issued a unanimous but narrow opinion Friday that reimbursement requests submitted to the E-rate program, administered by the Universal Service Administrative Co., can be considered “claims” under the False Claims Act (FCA). The decision in Wisconsin Bell v. U.S. reaffirmed the ruling of the 7th Circuit Court of Appeals. Elena Kagan, one of three justices appointed by a Democratic president, wrote the opinion.
The outlook is uncertain about whether President Donald Trump will attempt to fire Democratic members of the FCC, as the administration asserts its authority over “so-called independent” agencies (see 2502190073). It’s unclear whether the FCC and its Democratic members, Anna Gomez and Geoffrey Starks, are in Trump’s sights, but no one is taking anything for granted from the current administration, industry experts said. Gomez is emerging as the more outspoken critic of the regime under Chairman Brendan Carr, especially on media items (see 2502200023).
SpaceX stressed the importance of the FCC proceeding with care in selecting a space launch frequency coordinator for the agency's space launch service (see 2501230025). “As a company that launched more than 130 rockets to orbit in 2024 and must regularly coordinate its launch operations with other spectrum users, SpaceX has a strong interest in ensuring that any third-party coordinator improves upon the existing post-licensing launch spectrum coordination processes that launch service providers and other spectrum users have refined over years of experience,” said a filing this week in docket 13-115.
The National Consumers League and four small business owners asked the 11th Circuit Court of Appeals for permission to intervene to seek rehearing of a January decision rejecting part of the FCC’s 2023 robocall and robotext order. Judges agreed then with petitioner Insurance Marketing Coalition that the commission exceeded its authority under the Telephone Consumer Protection Act in issuing its one-to-one consent rule (see 2501240068). The court acted just before the rule was slated to take effect.
C3Spectra, approved by the FCC last month to operate an automated frequency coordination (AFC) system in the 6 GHz band (see 2501150018), asked if it could take building entry loss (BEL) into account for “composite” standard- and low-power devices that are restricted to operating indoors. “Allowing C3Spectra’s AFC system to account for BEL up to 6 dB will enhance indoor coverage and data rates, promoting efficient spectrum use while protecting incumbent services from harmful interference,” said a filing posted Thursday in docket 21-352.
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.