The 9th U.S. Circuit Appeals Court on Tuesday rejected a petition for review that China Unicom (Americas) brought seeking to overturn the FCC’s 2022 decision revoking the company’s Section 214 authority to operate in the U.S. (see 2201270030). The decision was 2-1 with Judge Daniel Collins writing a majority opinion supported by Judge Kenneth Lee. Judge Carlos Bea dissented. The majority held that the commission “correctly interpreted its authority under the Communications Act” and that the “grant of authority to ‘issue’ certificates to telecommunications carriers must be understood as carrying with it an implied incidental authority to revoke such certificates.” The court reviewed the FCC’s authority under the U.S. Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondi, which overturned the Chevron doctrine, and found that the revocation was within the FCC’s discretion to act (see 2406280043). “There was no indication in the statutory text or structure that Congress denied the FCC any relevant authority to revoke a carrier’s [Section] 214 certificate,” the majority held. “The Lord giveth and the Lord taketh away,” Bea wrote in his dissent: “Today, the majority declares that” the FCC “may act as the Lord in canceling telecommunications certificates. … I disagree. Unlike the majority, I find myself constrained by the text of the statute and a regard to separation of powers principles of our Constitution to resolve this case otherwise.” All three judges were Republican appointees -- President George W. Bush appointed Bea and President Donald Trump appointed Lee and Collins.
The U.S. government, in an amicus brief filed Monday, asked the U.S. Supreme Court to reject arguments that a lower court can parse an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. SCOTUS will hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.
FCC Commissioner Brendan Carr, the agency's incoming chair, has waded into ABC’s negotiations with its affiliate stations while analyst and former FCC-er Blair Levin has suggested a way the outgoing chair could complicate Carr's attempts to thwart broadcasters.
Verizon updated the FCC in a required semi-annual report on the company’s compliance with regulatory requirements approved as part of Verizon's Tracfone acquisition three years ago (see 2111220069). The carrier noted that Q3 saw the strongest results from the subsidiary since it became part of the company. “Most significantly, the Verizon Value Operations organization has undergone a number of changes over the past six months to more effectively and efficiently deliver results to customers, which is driving positive performance results,” said the report, posted Monday in docket 22-210. “Over the past three years, Verizon has continually enhanced its compliance program to adjust for changing organizational structures and business environments, with an overarching goal of continuous improvement with all aspects of its compliance program.” Parts of the report were redacted.
LG Electronics USA withdrew its August request for a waiver of FCC cellular vehicle-to-everything rules (see 2408150044). In a filing posted last week in docket 19-138, the company said the request is no longer necessary following the FCC’s recent order (see 2411210054) updating rules for the 5.9 GHz band.
The FCC Wireless Bureau last week granted nine additional licenses in the 900 MHz broadband segment to PDV Spectrum. Six licenses are in Texas, two in Missouri and one in Iowa. The FCC approved an order in 2020 reallocating a 6 MHz swath in the band for broadband, while maintaining 4 MHz for narrowband operations (see 2005130057).
Broadband VI (BBVI) has received a limited waiver of the FCC's Connect USVI Fund deployment milestone rules for U.S. Virgin Islands service areas. BBVI now has until March 31 to meet the 40% deployment milestone, said a notice in Monday's Daily Digest. The FCC Wireline Bureau in its order said BBVI couldn't meet the Dec. 31 milestone deadline due to unforeseen circumstances obtaining permits for deployment. The bureau also said it was seeking comment on BBVI's waiver request, with comments due Jan. 13, replies Jan. 21, in docket 18-143.
Jessica Rosenworcel’s last open meeting as FCC chair Jan. 15 will feature a series of staff presentations about accomplishments, but no votes or orders are expected, according to a tentative agenda released Monday. Rosenworcel last month announced she plans to step down Jan. 20 (see (2411210028). “Senior Bureau, Office, and Task Force staff will lead a series of presentations” on topics that include “the agency’s work on making communications more just for more people in more places,” and “the agency’s work on national security, public safety, and protecting consumers,” the release said. Other presentations will focus on the FCC’s work expanding access to modern communications and the future of communications, the release said.
President Joe Biden signed off Saturday on the continuing resolution that will extend appropriations to the FCC and other federal agencies through March 14 (HR-10545), as expected (see 2412200062). The Senate voted 85-11 for the CR early Saturday morning, after House passage of the measure Friday evening. The measure lacks language from the NTIA Reauthorization Act (HR-4510) and several other telecom and tech bills that congressional leaders included in a more expansive CR proposal earlier last week (see 2412170081). It contains an extension of some temporary rules changes around Medicare recipients’ eligibility for telehealth services, which Congress enacted during the COVID-19 pandemic (see 2006150032).
AT&T said Monday the FCC approved its proposal to to initially stop new sales and then discontinue residential local service in nine Oklahoma wire centers. The proposal was deemed granted Saturday after the agency didn’t take further action. The Communications Workers of America slammed the development.