The Georgia Department of Corrections told the FCC that, during the last quarter of 2024, zero devices were “erroneously disabled” by the contraband interdiction system at the state's correctional facilities, in a filing posted Friday in docket 13-111. The Georgia department has been filing quarterly reports at the FCC on its interdiction efforts.
EchoStar Chairman Charlie Ergen met with FCC Commissioner Nathan Simington on the need for the FCC to update its citizens broadband radio service rules, the focus of an August NPRM (see 2408160031). “EchoStar reiterated how harmonizing rules for the CBRS band with those of neighboring bands (i.e., the 3.45 GHz and 3.7 GHz bands) will maximize its utility and enable domestic carriers and vendors to participate in global economies of scale,” said a filing posted Friday in docket 17-258. “The majority of commenters in the record support proposals to update rules for the CBRS band,” and the commission “should move forward to enact such changes expeditiously,” EchoStar said.
The FCC approved the Bifrost subsea cable system, which will connect California, Oregon, Guam, Mexico, Indonesia, the Philippines and Singapore, said a notice in Friday's Daily Digest. The system is a joint effort of Meta, Indonesia's Telin and Singapore's Keppel.
FCC Chairman Brendan Carr will undoubtedly continue focusing on his core issues of deregulation, competition, infrastructure development and national security, Venable lawyers Craig Gilley and Liz Clark Rinehart wrote Thursday. How quickly he can steer the agency in that direction will depend on Congress' speed in confirming Olivia Trusty as the third Republican commissioner, giving him the majority he needs, they added. A Carr administration means the agency will change course on communications policy issues including net neutrality, broadband regulation, digital equity, spectrum, rationalizing federal infrastructure spending and BEAD, and content moderation online, they said. Carr will likely take a narrower view of the scope of FCC authority and use competition, rather than regulation, to protect consumers. However, he will be a more aggressive regulator on national security matters. GOP control of Capitol Hill and the White House makes net neutrality "a non-issue over the next four years," though whether the FCC can explicitly preempt state net neutrality regulations remains an open question, the lawyers said. If the FCC's digital discrimination rules survive the current challenge before the 8th U.S. Circuit Court of Appeals, Carr's FCC would likely revisit and repeal them, they said. The Republican-controlled Congress isn't likely to restore Affordable Connectivity Program funding, "given where Congressional Republicans are on budget issues." They said they expect Carr's FCC to focus on streamlining rules for fiber and infrastructure deployment, such as limiting fees that states and local governments can charge for permit application reviews.
The FCC missed an opportunity by ignoring broader market competition in its most recent biannual Communications Marketplace Report, wrote Seth Cooper, Free State Foundation director-policy studies, on Friday. The report was approved 3-2, over dissents by now-Chairman Brendan Carr and Commissioner Nathan Simington. As he has in the past, Carr objected to the focus on market segments rather than on the converged market (see 2501020033). “The Commission failed to fulfill its statutory duty to consider the effect of competition between services that use different broadband delivery technologies,” and “the 2024 report made zero advancements in analyzing cross-platform competitive effects,” Cooper wrote. “Under new leadership, the FCC should abandon viewing alternative broadband delivery technologies as entirely separate and recognize there is a broader broadband market characterized by competition among fixed and mobile broadband services.”
FCC Chairman Brendan Carr announced acting leadership for a number of bureau offices Friday but not for the offices of Workplace Diversity or Communications Business Opportunities. An executive order that President Donald Trump issued Monday that ends federal diversity, equity and inclusion efforts could affect those offices and their staff, industry and FCC officials told us. Neither office was mentioned in Carr’s release Monday announcing the shuttering of other FCC diversity efforts (see 2501210070). The FCC didn’t respond to repeated inquiries about those offices' fate. Office of Workplace Diversity staff were present at an all-hands meeting that Carr held Thursday, FCC employees told us.
New FCC Chairman Brendan Carr has pulled all items on circulation for a vote by commissioners. “There are no Items on Circulation,” said a single line on the agency’s list, which was dated Friday. Among the items pulled was an NPRM that was seen as a preliminary step to an AWS-3 auction. It was not expected to be controversial (see 2501060044).
The 11th Circuit Court of Appeals ruled Friday that the FCC overstepped its statutory boundaries in part of its implementation of the Telephone Consumer Protection Act and vacated part of the agency's 2023 robocall and robotext order. In a 23-page decision (docket 24-10277), Judges Elizabeth Branch, Robert Luck and Barbara Lagoa sided with petitioner Insurance Marketing Coalition and said the 2023 order sets rules that conflict with the ordinary statutory meaning of the TCPA's "prior express consent" language. The 11th Circuit judges expressed skepticism in oral argument last month regarding the one-to-one robotext consent policy in the order (see 2412180008). The 11th Circuit vacated the portion of the order that states that a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit also remanded the order back to the FCC for further proceedings. The decision was penned by Branch.
Olivia Trusty, President Donald Trump’s intended nominee for the FCC seat former Chairwoman Jessica Rosenworcel vacated last week, faces a uncertain confirmation timeline amid a glut of higher-profile nominees the Senate must process in the coming weeks. Trump said shortly before his return to office that he intended to pick Trusty for an FCC seat (see 2501160064) but as of Friday afternoon had not formally nominated her. It’s possible that the Senate Commerce Committee could hold a confirmation hearing for Trusty in February, but it's likelier to wait until the panel can pair her with a Trump NTIA administrator pick and other subcabinet nominees, some lobbyists told us.
The National Sheriffs’ Association and the California State Sheriffs’ Association asked that the FCC stay an October order giving the FirstNet Authority -- and, indirectly, AT&T -- use of the 4.9 GHz band (see 2410220027) pending judicial review of the order. The Coalition for Emergency Response and Critical Infrastructure challenged the order, while the Public Safety Spectrum Alliance questioned aspects of it, in petitions for review in the U.S. Court of Appeals for the D.C. Circuit (see 2412040043). The sheriffs groups said plaintiffs will likely prevail in court. “The Order is arbitrary and capricious because its last minute decision to block public safety entities from modifying existing licenses and applying for new licenses was not the subject of adequate notice,” said a filing posted Thursday in docket 07-100. In addition, the order is “self-contradictory and not based on sound reasoning,” the groups said. It "claims that incumbent licensees will not be adversely affected, when they will immediately be stripped of their geographic license rights and ability to apply for new or modified licenses as needed.” The order also unfairly helps AT&T “better position itself vis-à-vis its commercial wireless service competitors” by giving it “access to free mid-band spectrum in order to ‘maintain parity’ with its competitors, which is not an appropriate use of the 4.9 GHz public safety spectrum.”