The 5th U.S. Circuit Court of Appeals on Thursday scheduled oral argument for Nov. 4 to hear Maurine and Matthew Molak's challenge (docket 23-60641) to last year’s declaratory FCC ruling clarifying that the use of Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2409190030). The court, meanwhile, dismissed on procedural grounds a second Molak case (docket 24-60446), asking the 5th Circuit to reject a July order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2409230024). The court dismissed the case, saying only that it lacked jurisdiction, as well as a motion by the couple to stay further proceedings, which was “denied as moot.” The FCC argued that the Molaks lacked standing to bring the case (see 2409190030) because they didn’t participate in the proceeding and hadn’t demonstrated “an actual or imminent injury-in-fact.” The FCC also argued that the case wasn’t ripe because the agency was still addressing reconsideration petitions, including one filed by the Molaks, whose 16-year-old son David died by suicide after he was cyberbullied. Argument in the school bus case will start at 1 p.m. at the 5th Circuit’s En Banc Courtroom in New Orleans.
President Joe Biden signed off Thursday on a continuing resolution (HR-9747) that maintains funding for the FCC, FTC, Commerce Department agencies and all other federal entities through Dec. 20 after both chambers swiftly cleared the measure. HR-9747’s enactment averts a government shutdown that would have otherwise begun when FY 2024 funding expires Monday night. The Senate voted 78-18 for the CR Wednesday night, mirroring the House’s similarly lopsided approval earlier in the day (see 2409250036). Congress’ approval of HR-9747 gives lawmakers “more time to pass full-year funding bills by the end of this year,” Biden said Wednesday night. The Senate also approved the Rural Broadband Protection Act (S-275) Wednesday night by unanimous consent. The measure, which the Senate Commerce Committee advanced in late July (see 2407310048), would require that the FCC launch a rulemaking to change vetting rules for USF high-cost applicant ISPs. S-275 lead sponsor Sen. Shelley Moore Capito, R-W.Va., hailed Senate passage of the measure. “By verifying that providers can actually deliver on the promises made to bring high-speed internet to specific areas, we can maximize the influx of broadband dollars coming to West Virginia and move toward our goal of closing the digital divide in communities of all sizes across our state,” she said: “I encourage my House colleagues to pass this important legislation quickly.”
The FCC's digital discrimination rules "pile overreach on overreach," said attorney Morgan Ratner on behalf of the Minnesota Telecom Alliance (MTA) and other industry groups challenging the commission's rules Wednesday during oral argument in the 8th U.S. Circuit Appeals Court (see 2407300048). The rules are based on an "unprecedented disparate impact scheme that is in many ways the broadest the federal government has ever seen," the lawyer added. None of the FCC's decisions in its order is based on a "plausible understanding" of Congress' intention.
The Pennsylvania Public Utility Commission voted 4-1 Thursday to approve the FCC’s December changes to pole attachment replacement rules, which clarified transparency requirements for pole owners and established an intra-agency “rapid broadband assessment team” to review pole attachment disputes and recommend solutions (see 2312130044). The California Public Utilities Commission voted 4-0 later in the day to approve state rules implementing volume 2 of its plan for rolling out the $1.86 billion allocation from NTIA’s broadband equity, access and deployment (BEAD) program (see 2408260027).
The FCC's 988 wireless call georouting draft order on its Oct. 17 open meeting agenda (see 2409250041) opens the possibility of the agency also requiring georouting of text messages. The georouting draft order and the other October agenda item -- a draft order requiring that all wireless handsets be hearing-aid compatible -- were released Thursday. Also on the agenda is an unspecified restricted adjudicatory Media Bureau matter.
FCC commissioners on Thursday approved an order expanding the range of accessibility features that must be included in videoconferencing platforms (see 2409040053). In addition, multiple commissioners at the open meeting said allowing non-geostationary orbit fixed satellite service downlinks in the 17.2-17.8 GHz bandwidth should be a sizable boon to U.S. competitiveness in commercial space.
The FCC unanimously approved an order streamlining the process for letting digital FM stations transmit at different power levels on the upper and lower digital sidebands. “This asymmetric sideband operation will allow stations to operate with different power levels on the upper and lower digital sidebands, as a way to facilitate greater digital FM radio coverage without interfering with adjacent-channel FM stations,” the order said. The item stems from a NAB and Xperi petition (see 2308010060). It doesn't take up related proposals to increase power levels for such stations, citing unresolved interference concerns the aviation industry raised. The item had been set for Thursday’s agenda.
Lycamobile asked to withdraw a May petition seeking reconsideration of the FCC’s approval of T-Mobile’s buy of Mint Mobile and other assets from Ka’ena (see 2404250047). T-Mobile and Lycamobile recently told the FCC they resolved litigation and put their differences behind them (see 2409120012). The filing was posted Wednesday in docket 23-171.
GCI representatives reported on meetings with aides to FCC Chairwoman Jessica Rosenworcel and staff from the Wireless Bureau and the Office of Economics and Analytics about 5G in Alaska. The state's “telecommunications environment is incredibly diverse and expansive, and lacks fulsome fiber connectivity,” said a filing posted Wednesday in docket 23-328. “Neither the Alaska Plan nor the proposed Alaska Connect Fund provided support that would have been adequate to deliver, in the case of the Alaska Plan, 4G LTE statewide at 10/1 [Mbps] or even 5/1 Mbps, or in the case of the Alaska Connect Fund, 5G at 35/3 Mbps or even 7/1 Mbps,” GCI said.
NCTA reiterated in reply comments this week the group’s advocacy of giving wireless providers six months to unlock handsets after they’re activated, not the FCC’s proposed 60 days (see 2409110019). While a handset unlocking mandate will be good for competition, the FCC should keep in mind the risk of fraud, NCTA said. “It typically takes a mobile wireless provider longer than 60 days to determine accurately whether a handset is subject to fraud or trafficking,” the group said: Comcast has described “why it can take five months or longer to confirm that patterns of missed bill payments and extensive periods of non-usage, the primary indicia of handset fraud, are attributable to trafficking.” Comments were posted in docket 24-186. In another filing of note, the American Financial Services Association (AFSA) agreed with comments that the FCC lacks legal authority to impose a mandate (see 2409240038). “An FCC mandate to unlock handsets before the installment plans are fully paid off would impinge on state law terms of service and financing agreements providers have with customers,” AFSA said. A mandate would also interfere with agreements between carriers and financial institutions “that offset some of the … financial risks associated with financing handsets for customers,” the group said: “Those agreements necessarily require wireless providers to lock handsets to the wireless provider’s service until the installment plan is paid off.” The Cloud Communications Alliance supported a 60-day requirement but said immediate unlocking would be even better. “As the record reflects, requiring unlocking has not impeded the offering of discount pricing plans for mobile devices either in the United States or in other countries,” the alliance said. “The unlocking requirements applied to Verizon have not prevented the company from offering discounts and, as it states in its comments, an industry-wide unlocking standard will not eliminate discount pricing.”