Wording in the FCC's broadband data caps notice of inquiry (see 2410150069) makes it "pretty clear the agency is really itching to ban data caps and, in turn, to regulate usage-based pricing," International Center for Law & Economics Senior Scholar Eric Fruits blogged Wednesday. Rather than ban or significantly restrict data caps and usage-based pricing, the agency should prioritize a regulatory approach "that encourages innovation and investment, while safeguarding consumer interests," Fruits wrote. That approach would optimally use existing antitrust and consumer protection rules to foster pricing transparency, he argued.
The FTC violated the Constitution and exceeded its rulemaking authority when it issued a rule aimed at making it easier for consumers to cancel subscriptions, the U.S. Chamber of Commerce, NCTA, the Interactive Advertising Bureau and other industry groups said in three different lawsuits filed Tuesday in three separate appeals courts.
Labor union-recommended conditions for the proposed $8 billion Skydance/Paramount Global deal (see 2410080033) have no basis in law or policy, the companies said Wednesday in docket 24-275. Instead, they urged that the FCC avoid putting conditions on the proposed acquisition. They said filings by One Ministries and Sean Kiggins, a self-described "rightful heir and soul trustee" of the Sumner Redstone media empire, didn't identify any transaction-specific harms from the deal.
More than a dozen states told the U.S. Supreme Court that they were "right to be worried" about the FCC's Universal Service Fund's contribution mechanism in an amicus curiae filed Wednesday (No. 24-254). The states -- West Virginia, Alabama, Arizona, Arkansas, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas and Virginia -- agreed with the en banc 5th Circuit U.S. Court of Appeals' decision that the fund’s "problematic blend of standardless decision-making and missing executive oversight violates Article I of the Constitution" (see 2410010024). The Schools, Health & Libraries Broadband Coalition, NTCA, USTelecom, Benton Institute for Broadband & Society, National Digital Inclusion Alliance and MediaJustice also wrote SCOTUS in a separate letter maintaining their interest in the outcome of the case as intervenors. The groups said they have interests that are "distinct from those of the government."
EchoStar "apparently cut a deal" with the FCC's Wireless Bureau for more time to complete Dish Network's 5G terrestrial network, yet the bureau lacked legal authority to grant that extension, VTel Wireless said this week in a docket 22-212 recon petition. VTel is seeking reconsideration of the bureau's September grant of extended milestone deadlines for the 5G network buildout (see 2409200049). EchoStar hasn't shown specific facts and circumstances that warrant a waiver, VTel argued.
The FCC Wireless Bureau and Office of Economics and Analysis have approved T-Mobile’s buy of 600MHz spectrum licenses from LB License, said an order in Wednesday’s Daily Digest. “After carefully evaluating the potential competitive effects of the proposed assignment, we find that the likelihood of competitive harm is low,” the order said. T-Mobile has leased the spectrum from LB since 2020, the order said. EchoStar filed a petition to deny the deal, arguing that it would harm competition, but the agency disagreed. “We find that, post-transaction, the likelihood of competitive harm remains low in the markets that are the subject of this transaction,” the order said.
ClearCaptions raised concerns at the FCC about proposed consumer choice mandates in captioning delivery for IP captioned telephone service providers. In a meeting with Consumer and Governmental Affairs Bureau staff, it asked that the commission instead issue a notice of inquiry to determine whether the feature is "in the best interest of IP CTS customers" and the Telecom Relay Service (TRS) Fund. The provider cited "significant challenges" in implementing the service and potential increased costs "without evidence that the proposed mandate would improve the accuracy of captions." ClearCaptions also sought guidance in an ex parte filing posted Wednesday in docket 03-123 about potential formatting variances when there's a validation failure with the telecom relay service user registration database.
AT&T has no plans for FirstNet to use the 4.9 GHz band quickly because significant infrastructure work on the nationwide public safety broadband network is needed first, AT&T CEO John Starkey said Wednesday as the company announced Q3 results. The FCC on Tuesday approved FirstNet use of the band (see 2410220027). Starkey said AT&T is starting to see pay off from repositioning its business wireline operations to focus on connectivity; however, success is not happening quickly enough to fully offset revenue decline in the legacy business wireline voice and data units. Q3 revenue was $30.2 billion, off slightly from $30.4 billion in Q3 2023, in part due to business wireline service revenue declining. Chief Financial Officer Pascal Desroches said the company is "encouraged" by early results of its Internet Air fixed wireless broadband service that launched in August, as it finished Q3 with close to 500,00 Air subscribers. He said AT&T added 135,000 Air subscribers in the quarter. The quarter ended with 9 million fiber subscribers, up from 8 million in Q3 2023, and 72.3 million postpaid phone subscribers, up from 70.8 million year over year. Desroches said AT&T's fiber network passes more than 28 million homes and businesses. It hopes to top 30 million by the end of next year. In a call with analysts, Starkey said it was "entirely possible" AT&T would, at some point, use its fiber network to be an open access provider.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
Digital First Project Executive Director Nathan Leamer on Wednesday said whoever chairs the FCC during the next administration should take on a more forceful role in advocating for Congress to renew the commission’s lapsed spectrum auction authority. Leamer, who served as an aide to former FCC Chairman Ajit Pai, said during a Georgetown University Center for Business and Public Policy webcast that whichever party wins the White House Nov. 5 will reexamine broadband affordability issues. He believes the FCC will have to brace for the impact of potential federal court rulings striking down its recent orders reclassifying broadband as a Communications Act Title II service and instituting anti-digital discrimination rules.