Google subsidiary Starfish Infrastructure hopes to start commercial operations in Q3 2026 for the U.S. landing points for its proposed Bulikula submarine cable system, it said in an application posted Monday. It told the FCC the private, non-common carrier subsea cable system would connect Guam, the Northern Mariana Islands and Hawaii to Fiji and French Polynesia. Bulikula is the Fijian word for a rare shell found in the Pacific Ocean, it said. Starfish intends to install and test the Bulikula system in U.S. waters in Q2 2026.
Brattle Group officials and others representing NextNav met with an aide to FCC Commissioner Anna Gomez on NextNav’s plan to reconfigure the 902-928 MHz band to enable a terrestrial complement to GPS for positioning, navigation and timing (PNT) services (see 2404160043). The Brattle representatives discussed their assessment of the potential economic benefits, said a filing posted Monday in docket 24-240. They “explained the conservative valuation methodology they employed in preparing their analysis, and they reviewed both the economically quantifiable benefits NextNav’s proposal would generate, which figured into their valuation estimate, and the potential for significant benefit in terms of lives saved, which did not,” the filing said.
An AT&T representative met with an aide to Commissioner FCC Geoffrey Starks to oppose a handset unlocking mandate as proposed in a July NPRM (see 2407180037). “This proposal is based on questionable legal authority,” the carrier said in docket 24-186: “AT&T offers an array of affordable options for handsets, including subsidized pricing and zero-interest rate financing” and “handset locking facilitates the offering of such options.” The company previously met with aides to Chairwoman Jessica Rosenworcel and Commissioners Brendan Carr and Anna Gomez raising similar concerns (see 2411130008).
Spectrum for the Future Monday welcomed a NTIA report about usage growth in the citizens broadband radio service band (see 2411150021). The group said the report shows why the FCC shouldn't increase power levels available in the band (see 2411080032). “While some have suggested raising power levels or out of band emissions limits, that path would only jeopardize our ability to deliver greater innovation, wider-ranging use cases, and more consumer choice,” a spokesperson emailed: “The data shows that dynamic spectrum sharing is working, and we should maintain the unique properties that make CBRS the model for U.S. wireless leadership.”
Proposals in the submarine cable NPRM on the FCC's Nov. 21 agenda (see 2410310048) could undermine deployment of fiber optic subset cable infrastructure, according to the International Connectivity Coalition. Meeting with the offices of the five FCC commissioners, ICC representatives said U.S. data flows could become more centralized -- and vulnerable -- without continued infrastructure growth and landing site diversification. ICC members urged that the NPRM be aligned to specific national security risks and that there be inquiries into such issues as subset cable resiliency and the importance of trusted suppliers, said a filing posted Monday in docket 24-153.
McLaughlin Chiropractic Associates laid out why the U.S. Supreme Court should overturn the 9th U.S. Circuit Court of Appeals' decision that, under the Hobbs Act, courts must accept the FCC’s interpretation of the Telephone Consumer Protection Act. McLaughlin pointed to PDR Network v. Carlton & Harris Chiropractic, a 2019 SCOTUS case about FCC authority to implement the TCPA. The court handed down what was seen as a middle-of-the-road decision in that case (see 1906200055). “There, the Fourth Circuit held that it was bound by the FCC’s interpretation of the TCPA, just like the Ninth Circuit did,” said a brief SCOTUS posted Monday. “Although a majority of this Court didn’t reach the question, four Justices concluded that the Hobbs Act ‘does not bar’ a party ‘from arguing that the agency’s interpretation of the statute is wrong,’” the brief said: “Like PDR Network, this case involves private TCPA claims for money damages and the appeal turns on whether an FCC order bound the court.” Nothing in the Hobbs Act’s text “supports the Ninth Circuit’s reading,” McLaughlin said: “Nor is there any other basis to conclude that Congress designed the Hobbs Act to strip district courts of their authority to interpret a federal statute. … No one doubts that district courts may not hear pre-enforcement petitions seeking those specific forms of relief.” But the Hobbs Act “says nothing about other kinds of actions, like a private action for money damages, that are properly filed in federal district court under ordinary federal-question jurisdiction.” SCOTUS is to hear oral argument Jan. 21 in McLaughlin Chiropractic Associates v. McKesson. The case is viewed as having larger implications for the FCC beyond its legal interpretation of the TCPA (see 2410170015).
The U.S. Court of Federal Claims on Monday partially granted and partially rejected U.S. arguments for dismissing Ligado's L-band takings suit against the federal government (see 2310130003). In an order Monday (docket 23-1797L), Judge Edward Damich said Ligado seems to have a rational argument that Congress has essentially barred DOD from conducting business with any entity contracting with Ligado for ancillary terrestrial component operations in the L band, putting the company's business in jeopardy. However, Damich also said, Congress may put limits on the L-band license that can't be challenged as a taking even if it effectively terminates the license. But because the FCC, in licensing the L band to Ligado, required cooperation with the DOD, Ligado's case can go forward, the judge ordered. He gave the government 45 days to respond to the company's complaint.
A three-judge panel at the U.S. Court of Appeals for the D.C. Circuit did not appear receptive Monday to a low-power TV broadcaster’s oral argument (docket 24-1004) that Congress didn’t intend to limit the 2023 Low-Power Protection Act’s effects to smaller markets (see 2407050020).
Commenters disagreed on whether the FCC should require additional disclosures relative to AI calls, in reply comments to an NPRM that commissioners approved 5-0 in August. Consumer and public interest groups urged a smart approach, targeting calls that will most likely confuse consumers. Industry commenters said no new rules are needed now.
Republican FCC Commissioner Brendan Carr swiftly pointed Sunday night and Monday to enforcing broadcasters’ “public interest obligation” and ending the commission’s “promotion of” diversity, equity and inclusion policies as key parts of his agenda once he becomes chairman Jan. 20. President-elect Donald Trump announced plans Sunday night to make Carr permanent chairman when he takes office (see 2411170001). Some congressional Democrats and public interest groups criticized Carr’s agenda, while many communications policy-focused groups quickly praised the long-expected appointment (see 2407120002).