Louisiana, Mississippi and Texas, along with the Louisiana Sheriffs' Association, asked the 5th U.S. Circuit Court of Appeals to review the FCC's order establishing per-minute rate caps for intrastate audio and video communication services for incarcerated people. The order "violates the constitution, is in excess of statutory authority, and is otherwise contrary to law and unsupported by substantial evidence," the states said in a petition for review posted Wednesday (docket 24-60571). The challenge comes after the 1st Circuit was selected to hear multiple pending petitions for review (see 2411010061), including one from 14 other states (see 2411010061).
The FTC is breaking the law by refusing to follow statutory mandates that would allow consolidation of lawsuits against the agency’s new click-to-cancel rule, said NCTA, the Interactive Advertising Bureau and the Electronic Security Association in a filing this week (see 2410240001).
Republican FCC Commissioner Brendan Carr, an overwhelming favorite to become chairman when President-elect Donald Trump returns to office Jan. 20 (see 2411060042), said Thursday the FCC should stand down from working on controversial matters during the transition from President Joe Biden to Trump’s second term. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., sent FCC Chairwoman Jessica Rosenworcel a “pencils down” letter Wednesday (see 2411060043). Senate Republicans will likely send Rosenworcel similar demands soon.
The union representing FCC employees, the National Treasury Employees Union, said it's ready to work with President-elect Donald Trump’s administration but warned that it would oppose efforts against federal workers. The Trump White House is expected to implement plans laid out in the Heritage Foundation’s Project 2025 and the Trump campaign’s Agenda 47, reducing the federal workforce and reclassifying many career civil servants, making it easier to fire and replace them with political appointees, academics and analysts told us. The NTEU “will make every effort to work in good faith” with the Trump administration, said NTEU National President Doreen Greenwald in a release. “However, we are fully prepared to work with our allies in Congress and use all the tools we have to fight any and all actions taken by his administration that would harm frontline federal workers, our ability to represent them or their ability to serve the American people.”
The FCC got dozens of comments on an August NPRM from wireless carriers, tech companies and others on further changes to rules for the citizens broadband radio service band (see 2408160031). In filings posted through Thursday in docket 17-258, commenters disagreed sharply on a proposal by carriers to more closely harmonize CBRS rules with those for the adjacent 3.45 GHz and C-band.
Senate Commerce Committee ranking member Ted Cruz of Texas pressed FCC Chairwoman Jessica Rosenworcel Thursday night to stand down from working on controversial matters during the transition from President Joe Biden to President-elect Donald Trump, as expected. Cruz's “pencils down” request to Rosenworcel followed a similar Wednesday call from House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash. Republican FCC Commissioner Brendan Carr, the favorite to lead the agency when Trump takes office in January, backed a similar pencils-down measure Thursday.
Revised robocall and robotext rules that FCC commissioners approved 5-0 in February (see 2402160048) took effect Wednesday, with a compliance date of Jan. 27, a notice in Wednesday’s Federal Register said. OMB approved the information collection in the order “requiring that texters and callers obtain a consumer’s prior express written consent to robocall or robotext the consumer soliciting their business,” the notice said.
SiriusXM Radio told the FCC that its network is more vulnerable than other incumbents to interference from outdoor use of very-low-power devices in part of the 6 GHz band. The company was responding to Apple, which last month downplayed those concerns in meetings at the FCC. “Sirius XM’s satellite-delivered service is unique among satellite providers because of our custom-designed network that provides digital audio and data services primarily to vehicles,” said a filing Tuesday in docket 18-295. The service “is received by these vehicles through low gain, tea cup size satellite antennas installed on vehicle roofs,” SiriusXM said: “These antennas use an extremely low noise amplifier to capture very weak signals near the noise floor from satellites located more than 36,000 kilometers above the Earth.”
SI Wireless asked for an additional six months to remove, replace and dispose of Huawei and ZTE equipment from its network. The deadline for SI Wireless was previously extended from May 24 to Nov. 24 (see 2404300031). “Due to a variety of reasons, most notably the FCC’s unexpected current hold on all funding disbursements” the company can’t meet the Nov. 24 deadline, said a filing posted Wednesday in docket 18-89. “The grant of an additional six-month extension, as contemplated by the FCC’s rules, is warranted and in the public interest.”
Verizon told the 2nd Circuit U.S. Court of Appeals the $47 million fine the FCC levied on it in April (see 2404290044) for allegedly not safeguarding data on customers' real-time locations is arbitrary and capricious and that the court should reject it. “The agency ignored the limits of its authority in these multiple ways, in an effort to show force against a large company that did nothing wrong,” the provider said. Verizon said it would appeal the fine at the time the FCC approved it 3-2, with Republican Commissioners Brendan Carr and Nathan Simington dissenting. The fine was approved four years after Republican Chairman Ajit Pai proposed it. Verizon’s location-based service (LBS) program “used device-location information, and device-location information is not” customer proprietary network information, Verizon said this week in a brief in docket 24-1733. By the time the FCC proposed the fine, “Verizon had shut down its LBS program nearly one year earlier, eliminating any potential current or going-forward liability,” it added. Verizon noted that the FCC got involved following a New York Times report that Securus “misused many carriers’ LBS programs and that a sheriff in Missouri took advantage of Securus’s actions to track wireless carriers’ customers without their consent.” But the agency found that the statute of limitations had expired in both cases, Verizon said. The FCC then “adopted a novel approach to generate an eye-popping penalty amount,” the brief said: The agency “punished Verizon for not terminating every other service provider from the LBS program on a faster timeline” imposing “a forfeiture penalty for each day -- starting 30 days after the New York Times article -- that each of the 63 service providers remained able to use the LBS program, despite not being involved in any wrongdoing.” Verizon also argued the order should be overturned given the U.S. Supreme Court’s June decision in SEC v. Jarkesy (see 2406270063). “The Constitution guarantees Verizon a jury trial -- not an administrative adjudication -- before it faces an order compelling it to pay a forfeiture.” AT&T, meanwhile, made similar arguments in its challenge filed in the 5th Circuit against the FCC’s $57 million fine, approved the same time as Verizon's. “The Commission itself has acknowledged that Securus’s misdeeds took place long before the statute-of-limitations period,” AT&T said: “The Commission cites no evidence that Securus ever unlawfully accessed a single AT&T customer’s location information.” AT&T said the FCC accused it of carelessness. “AT&T gave access only to providers with an approved use case; conducted daily audits of consent records and broader programmatic audits; and responded to Securus’s misdeeds promptly and prudently, weighing the costs and benefits at every turn,” AT&T said. “That is far more than the Commission can say for itself, having taken no action (failing even to inform the major wireless carriers) after learning of Securus’s malfeasance nearly a year before AT&T did.”