Consumers' Research objected again to the FCC's proposed quarterly USF contribution factor for Q4 2024. The group said in comments posted Friday in docket 96-45 that the FCC should reject the proposed 35.8% contribution factor and let Congress "fund universal service via a standard tax appropriation." The group challenged the USF contribution mechanism in the 5th U.S. Circuit Court of Appeals, which granted a stay of its ruling in favor of Consumers' Research pending the FCC's petition for a writ of certiorari before the U.S. Supreme Court last month (see 2408270030).
The 2nd U.S. Circuit Court of Appeals misread the 1996 Telecom Act when it ruled that the federal statute doesn't preempt the New York Affordable Broadband Act, TechFreedom said in an amicus brief Friday at the U.S. Supreme Court, which supported ISP associations seeking SCOTUS review. The 2021 state law required $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households. The 2nd Circuit upheld the law based on Title I regulation of broadband a day after the FCC reclassified it as Title II, a decision that the 6th Circuit later stayed. "New York was not free to ignore the deregulatory aims Congress codified in Title I,” the think tank argued in its brief. "Congress wants Title I information services to flourish under a light-touch regulatory regime. New York’s law imposing rate regulations on broadband is conflict-preempted, and a divided panel of the Second Circuit erred in holding otherwise." The 2nd Circuit incorrectly assumed that "because there is express preemptive authority in Title II, there can be no implied preemptive authority in Title I,” said TechFreedom. “There is no rule by which preemption may be implied when Congress elects to regulate, but must be express when Congress elects not to regulate.” It added that allowing New York to treat broadband like common carriage would permit the state to treat any Title I information service, including email and text messaging, the same way.
Representatives of Alaska’s GCI asked the FCC not to wait until the end of Alaska Plan commitments in 2026 before revising the commission’s approach to 5G in the 49th state. “New requirements to deploy 5G technology cannot simply be appended to the current Alaska Plan commitments,” said a filing posted Friday in docket 23-328. 5G deployments have “different engineering and core network requirements” than older technology, GCI said: Hitting higher throughput speeds anticipated for 5G “results in a smaller coverage area than the lower throughput speeds for 4G, meaning that a provider may need to construct more towers to provide 5G service to the number of population reflected in its existing Alaska Plan commitments -- construction that has not been planned and was not considered in negotiating the original Alaska Plan commitments.” The GCI representatives met with staff from the Wireless and Wireline bureaus and Office of Economics and Analytics.
In the wake of Hurricane Francine, the FCC Wireless Bureau on Friday approved Google's request for a waiver of rules that require environmental sensing capability systems to protect federal incumbents in the citizens broadband radio service band from harmful interference. Francine has weakened to a tropical depression, according to NOAA. However, “the risk of heavy rainfall and flooding will continue across large portions of the Southeast through Saturday,” the bureau said. Google’s request for a waiver was also posted Friday.
Incompas, Consumer Reports and Public Knowledge urged the FCC to ignore the Competitive Carriers Association’s request for a 15-day delay in the deadline for filing reply comments on proposed handset unlocking rules. The FCC heard little agreement this week in initial comments (see 2409100048). Absent extension, replies are due Sept. 23. “Given the importance of this proceeding” delaying the proceeding would be “harmful to consumers and competitive providers,” the three groups said in a filing posted Friday in docket 24-186: “This proceeding does not have an overwhelming number of comments or technical components to review, which makes the record here manageable to respond to by the current reply comment deadline.” T-Mobile, CCA’s largest member, supported the extension. “The proposed rule would have a significant impact on wireless providers’ business operations and impact important Commission policy objectives concerning digital equity and national security,” T-Mobile said. The “modest” extension that CCA is seeking “would facilitate a more robust round of reply comments that will allow the Commission to make a better-informed decision considering the potential significant impact of its proposed rules,” the carrier said. CCA said the FCC “should ensure all interested parties have sufficient time to meaningfully participate in this proceeding and extend the reply comment deadline to ensure the development of a fulsome and robust record.” If granted, the new deadline would be Oct. 8. Meanwhile, T-Mobile representatives met this week with FCC Commissioner Geoffrey Starks to raise legal objections to the proposed rules, the same questions that have permeated many FCC proceedings in the wake of recent U.S. Supreme Court decisions. Two years ago, SCOTUS elaborated on a new major questions test for weighing agency decisions in West Virginia v. EPA (see 2206300066). “While well-meaning, the proposed rule would hamper carriers’ ability to offer installment plans -- thereby harming competition and consumer choice, particularly for low-income consumers,” T-Mobile said: “Furthermore, the Commission fails to point to specific statutory authorization for an unlocking mandate," which "would have profound economic consequences, thus raising a ‘major question’ that would require clear statutory authority from Congress.”
NextNav received support from the California Fire Chiefs Association for its controversial proposal that would reconfigure the 902-928 MHz band, enabling a terrestrial “complement” to GPS for positioning, navigation and timing (PNT) services (see 2409060046). “We have firsthand experience with degradation of GPS due to the ‘urban canyons’ and dense environment we cover, a problem that is ideally resolved by a terrestrial PNT service of this type proposed,” the group said in a filing posted Friday in docket 24-240. Reply comments are due at the FCC this week.
The FCC on Friday asked the 5th U.S. Circuit Court of Appeals to dismiss on procedural grounds Maurine and Matthew Molak's petition seeking review of a commission order from July that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). Lawyers defending the order had predicted the FCC would take that step because the agency hasn’t yet addressed a petition by the Molaks seeking reconsideration of the order (see 2408300027). “This Court’s jurisdiction to review FCC orders under the Hobbs Act is limited to specified ‘final orders’” of the FCC, the commission said in docket 24-604460. “For purposes of Hobbs Act review, it is well settled that ‘a motion to reconsider renders the underlying order nonfinal’ as to the party that sought reconsideration,” the agency said: That rule “avoids ‘wasting judicial resources’ … without compromising petitioners’ ability to seek judicial review of a subsequent final order.” The Molaks' son died by suicide aged 16 after he was cyberbullied. The couple previously challenged the FCC’s Oct. 25 declaratory ruling that authorizes school bus Wi-Fi, also in the 5th Circuit, widely viewed as the most conservative of the federal circuits (see 2312200051). It's expected that judges will hear the case in November.
There's "no viable proposed timeline" for larger make-ready pole orders that account for "the fundamental realities of broadband deployment," USTelecom told the FCC in a letter Friday in docket 17-84. The commission sought comment on the item in a December Further NPRM (see 2312130044). USTelecom noted such orders are "more complicated and time-consuming," making it "impossible" to determine how long an order for more than 3,000 poles will take (see 2408210034). Timelines for larger pole orders must account for "workforce limitations," workflow management, and coordination between pole owners and attachers, USTelecom said, adding it's "impossible to predict solely from the number of poles involved" how long a make-ready request for more than 3,000 poles will take, it said. "That there are real-world obstacles to deployment is a reason to ensure that any timeline includes a robust good faith exception capturing all situations where the pole owner cannot meet the timeline due to circumstances beyond its control," USTelecom said. The group also opposed several proposals from other groups on cost-allocations for pole replacements, one-touch, make-ready mandates and professional engineer certification requirements.
The Alaska Remote Carrier Coalition (ARCC) recommended that the FCC reject GCI's proposal that addresses revisions in the Alaska Plan for the Alaska Connect Fund (see 2408140040). In a meeting with an aide to Chairwoman Jessica Rosenworcel, ARCC defended its proposed adjustment factors associated with performance testing results, said an ex parte filing Friday in docket 23-328. "To suggest that no changes should be made to the original Alaska Plan format deviates from the intent of the first paragraph" of the commission's NPRM seeking comment on "innovative solutions" to connect Alaska's communities, the group said. It also urged that the FCC refrain from allowing "constant waivers of its performance testing guidelines with limited consequences," warning that the "regulatory compliance basis" the commission laid out in its plans is "flawed at best."
After senators sent letters to all five FCC commissioners Friday calling for the agency to avoid “weaponization” of its licensing authority against broadcasters, Commissioner Nathan Simington responded, saying the FCC should renew the license of Fox station WTXF-TV Philadelphia over the opposition of public interest group the Media and Democracy Project (MAD). Letters from Sens. Ed Markey, D-Mass., and Ron Wyden, D-Ore., referenced recent comments from Republican presidential nominee Donald Trump against ABC (see 2409120056).