Religious radio broadcaster theDove Media filed a petition for review against the FCC’s February equal employment opportunity order in the 9th U.S. Circuit Court of Appeals, according to court documents and a news release from Pacific Legal Foundation (PLF), which represents theDove and owner Perry Atkinson. The EEO order was also challenged in filings in the 5th U.S. Circuit Court of Appeals and at the FCC (see 2405130041). The PLF release says the EEO order puts theDove at risk of being sued by third parties over “perceived disparities in the race or gender makeup of their workforce” and is outside the FCC’s authority. “The Constitution gives Congress alone the power to make laws and, therefore, Congress cannot give that power away to agencies,” PLF Senior Attorney Oliver Dunford said in the release. “Nor can these agencies accomplish indirectly what they are precluded from doing directly.”
The FCC Office of Engineering and Technology sought comment on a waiver request from Rod Radar for ultra-wideband (UWB) devices, according to a Wednesday public notice. Rod Radar requested the commission waive Section 15.503(d) of its rules, allowing its Live Dig Radar (LDR) to be classified as a UWB device consistent with other ground-penetrating radar systems. The company said its device is important for digging operations because it's “designed to alert the construction excavator operator of the potential of a utility strike before it occurs.” However, it doesn't meet the FCC’s definition of a UWB because its total bandwidth exceeds the allowed 500 MHz. Comments are due Aug. 22, replies Sept. 24, in docket 24-222.
An Anterix representative urged the FCC to move forward on a rulemaking authorizing 5/5 MHz broadband deployments in the 900 MHz band (see 2405210041). Meeting with an aide to FCC Chairwoman Jessica Rosenworcel, Anterix “emphasized that" the petition seeking a rulemaking "is premised on the recommendation that all relocation from the current narrowband segments be on an entirely voluntary basis and that there be continued interference protection for incumbents,” a filing posted Wednesday in docket 24-99 said. The company confirmed it “and other 900 MHz broadband licensees, like all licensees, would have an obligation to work with entities operating in adjacent bands to avoid interference and resolve mutually any issues that might arise,” Anterix said.
CTIA said Wednesday Umair Javed, a former top aide to FCC Chairwoman Jessica Rosenworcel, will immediately replace Tom Power as the group’s general counsel. Javed joined CTIA last year as senior vice president-spectrum (see 2308010025) and has served as its point person in battles to convert more federal spectrum for full-power licensed use. “Javed will continue to lead the Association’s spectrum efforts as well as new responsibility for all legal matters and work with the Biden Administration,” CTIA President Meredith Baker said. Power joined CTIA in 2015 after a stint as deputy U.S. chief technology officer under President Barack Obama (see 1501260025). He replaced longtime General Counsel Michael Altschul. Power will remain at CTIA through the end of the year as senior counsel, CTIA said.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The future of telecom regulation is fraught with uncertainty post-Chevron, Mintz lawyers concluded during a webinar Wednesday, focusing primarily on four recent U.S. Supreme Court Cases: Loper Bright (see 2406280043), Ohio v. EPA and SEC v. Jarkesy (see 2407220048) and Corner Post (see 2407010035).
The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.
Telecom companies argued for more flexible speed testing rules in comments Tuesday at the Nebraska Public Service Commission. Some Nebraska requirements are too challenging, and the state should avoid duplicating FCC-mandated tests, they said. Sometimes the "costs of conducting testing exceed the benefits" of it, Nebraska Rural Independent Companies (RIC) said.
AT&T CEO John Stankey on Wednesday criticized the Biden administration’s work on making more spectrum available for wireless carriers. During the carrier's release of Q2 results, Stankey apologized for the February AT&T wireless outage, the topic of an FCC report this week (see 2407220034).
The 5th U.S. Circuit Court of Appeals in a 9-7 decision sided with Consumers' Research following an en banc rehearing of the group's challenge of the FCC's Universal Service Fund contribution methodology. Calling the contribution factor a "misbegotten tax," the court in a Wednesday ruling in docket 22-60008 held that as a "practical matter," the Universal Service Administrative Co. "sets the USF tax" that's "subject only to FCC's rubber stamp" (see 2406180055). In a statement, Chairwoman Jessica Rosenworcel said the agency will "pursue all available avenues for review."