The FCC Wireline Bureau modified the effective date to July 1 on its approval of the National Exchange Carrier Association's proposed average-schedule interstate settlement disbursements. An announcement was contained in an order Wednesday in docket 23-415 (see 2405100062). A previous order set the effective date as July 2.
The Universal Service Administrative Co.'s investigations of Essential Network Technologies and MetComm.Net and their eligibility to receive universal service fund reimbursements are "now complete," FCC counsel James Carr wrote the U.S. Appeals Court for the D.C. Circuit Tuesday (docket 24-1027). USAC has begun to notify the companies and the schools they serve “of any downward adjustments in universal service funding stemming from USAC’s findings in the investigations,” said Carr. USAC expects to complete this notification process within the next month, he said. The two companies petitioned the D.C. Circuit in February to order USAC to release the reimbursements they said they were due for IT and broadband services that they provided to schools under Section 254 of the Communications Act (see 2402200044). The FCC said in late April that USAC’s investigations stemmed from evidence that the companies and the schools they served “may have had a prohibited pre-existing relationship” before the schools awarded the companies their business (see 2404250028). Carr’s letter to the D.C. Circuit didn’t delve into USAC’s findings from those investigations.
The FCC has an “affirmative legal obligation” under Sections 552 and 553 of the Administrative Procedure Act “to make its proposed and final rules readily available to the public without charge,” despite the process known as incorporation by reference (IBR), said iFixit, Public Resource and Make Community in their reply brief Tuesday (docket 23-1311) at the U.S. Court of Appeals for the D.C. Circuit.
Congressional leaders haven't reached a consensus on how to resurrect the FCC's expired affordable connectivity program. In interviews this week, lawmakers pointed to a range of options, including an expected third attempt at a Senate Commerce Committee markup next week (see [2405310070]) of the Spectrum and National Security Act (S-4207). The FCC formally shuttered ACP Friday after supporters on Capitol Hill failed numerous times at allocating stopgap funding (see 2403280001).
The NAB Television Board of Directors promised in a policy statement Wednesday to prioritize local broadcasters' interests in NAB’s advocacy, “including on those issues that may be in tension with other NAB member business interests." This was a veiled reference to the networks and their streaming businesses, numerous attorneys and broadcasters told us. The policy statement is widely seen as a reaction to growing conflict between broadcast affiliates and their network partners over content and issues such as virtual MVPD regulation.
The House Appropriations Financial Services Subcommittee advanced its FY 2025 funding bill Wednesday with language that would couple an increase in the FCC’s annual funding with riders barring the commission from implementing GOP-opposed net neutrality and digital discrimination orders. The subpanel advanced the funding bill on a voice vote, but Democrats vowed to fight the FCC language and other riders when the measure reaches the full House Appropriations Committee. The measure also proposes cutting the FTC’s annual funding for FY25 from what lawmakers allocated the agency via a March FY24 minibus package (see 2403280001).
FCC Commissioner Anna Gomez told us during an exclusive Communications Daily Q&A that evaluating assessments made on consumers' bills as part of funding the Universal Service Fund is her top issue amid calls for contribution reform (see 2404190043). Sworn in in September, Gomez also mentioned concerns about USF's future and the affordable connectivity program. She also urged ISPs to create their digital equity plans with "intentionality."
Intelsat is pressing its case across the FCC's 10th floor for phasing in the Space Bureau's FY 2024 regulatory fees over five years. In a docket 24-85 filing Tuesday, Intelsat recapped meetings with the offices of Commissioners Anna Gomez and Nathan Simington at which it urged a phase-in "to avoid causing serious economic hardship to payors." Intelsat previously met with the offices of the other commissioners to make the same case.
The FCC Public Safety Bureau said Tuesday covered 911 service providers must notify the FCC within 60 days after they completely cease operations, starting July 4. That comes following Federal Register publication of the Office of Management and Budget's review of the requirement, which was imposed as part of an FCC 2022 order (see 2211180070), the bureau said.
The Wireless ISP Association is another group challenging the FCC’s net neutrality order in the D.C. Circuit U.S. Court of Appeals (see 2406030053). On Monday, the challenge was consolidated with other cases in docket 24-1169. The FCC order “marks a radical departure from the status quo and will have profoundly negative consequences for the internet and the national economy -- all without Congressional authorization,” WISPA said: “The Order will deter innovation and investment in broadband for WISPA’s small and rural members who may lack resources adequate to absorb the Order’s compliance costs and enforcement risks.” WISPA also said the order was “contrary to law, arbitrary, capricious, and an abuse of discretion; exceeds the FCC’s authority; and otherwise violates the Administrative Procedure Act.” Petitioner statement of issues is July 3.