Direct Action for Rights and Equality (DARE) asked the 1st U.S. Circuit Court of Appeals to hold parts of the FCC's order on incarcerated people's communications services unlawful and remand the issue to the commission in a petition filed last week (docket 24-1814). The group filed a protective petition to "safeguard its rights in pursuing litigation" because only part of the order was published in the Federal Register. The published portion of the order addressed petitions for reconsideration, clarification and a waiver (see 2408230012). DARE noted it was "aggrieved by the order itself" and "does not claim to be separately aggrieved by the limited portion of the order" that was published.
The Information Technology and Innovation Foundation warned of potential unintended consequences if the FCC approves industrywide handset unlocking rules, as proposed in a July NPRM (see 2407180037). Comments were due Monday in docket 24-186. “The NPRM’s tentative conclusions in favor [of] a uniform 60-day unlocking requirement overstate the benefits of the Commission’s proposal relative to its costs,” ITIF warned. Handsets are often tied to a carrier because they are subsidized, the group added. “This bargained-for exchange is beneficial to consumers who may be more price sensitive and thus willing to forgo some future flexibility in exchange for more money in their pockets at the time of purchase,” ITIF said: “Mandatory unlocking denies consumers this choice.” Incompas supports unlocking requirements, President Angie Kronenberg said Monday. "The practice of locking phones makes it more difficult for consumers to change providers,” she said: “Unlocking requirements allow customers to switch networks more easily, which means larger providers are incentivized to compete for customers rather than locking them into a plan -- enabling smaller providers to better compete.”
The Michigan Public Safety Communications Interoperability Board and Florida Police Chiefs Association became the latest groups to oppose a proposal to give the FirstNet Authority control of the 4.9 GHz band. “Granting the license to the FirstNet Authority would likely result in that spectrum being incorporated into that network’s existing cellular architecture, which would practically eliminate one of the primary existing applications of the band -- local point-to-point links,” the Michigan organization said in a comment posted Monday in docket 07-100. The Florida chiefs called the proposal “troubling.” Groups have lined up on both sides of the issue. New Street’s Blair Levin told investors last week, that FCC Chairwoman Jessica Rosenworcel appears supportive of the band's reallocation to FirstNet. “This issue does not appear to be election dependent, but there is a material risk that the order may be overturned by the courts,” Levin said.
The FCC Wireline Bureau announced Monday that some census block groups are now available for Rural Digital Opportunity Fund and other program support following Lumen defaults in four states. The bureau said Lumen will be subject to penalties as a result, including loss of further RDOF auction support payments in New Mexico, South Dakota and Wyoming for defaulting on its service milestones. Lumen remains subject to program rules for the census blocks it defaulted on in Colorado. The bureau also referred Lumen's defaults to the Enforcement Bureau for further consideration.
FCC Chairwoman Jessica Rosenworcel noted work the agency has done in recent months that addresses broadband for students following the loss of the emergency connectivity fund and affordable connectivity program in a Monday speech. Speaking to the Consortium of State School Boards Association, Rosenworcel mentioned a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi and an order from 2023 allowing use of E-rate to support school bus Wi-Fi, both of which have been challenged in court (see 2408300027). She also discussed a three-year, $200 million cybersecurity pilot program for schools and libraries that commissioners approved in June (see 2406060043). Republican commissioners dissented on all three items. “Every child needs internet access at home to really thrive,” Rosenworcel said: “This was not true when I was growing up. I didn’t need the internet for homework. All I needed was paper, a pencil, and my brother leaving me alone.” Rosenworcel warned that the 5th U.S. Circuit Court of Appeals' recent 9-7 en banc decision that found the USF contribution factor is a "misbegotten tax” that could undermine FCC education efforts (see 2408140055). The 5th Circuit decision “is misguided and wrong,” she said. “It reflects a lack of understanding of the statutory scheme that helped create the world’s best and most far-reaching communications network” and “that is why we are asking the Supreme Court to overturn” the decision.
The FCC has rejected proposed caps on or phase-in of increased regulatory fees for space and earth station fee payers for FY 2024. In its FY 2024 regulatory fees order in Monday's Daily Digest, the agency said a cap or phase-in would mean more regulatory fees on all other regulatory fee payers, though they don't get the benefit of additional Space Bureau staff devoted to oversight and regulation of satellites. Members of the satellite industry issued multiple calls for phasing in the fee hikes stemming from establishing the Space Bureau (see 2407300027).
California should shut down AT&T’s deregulation bid, consumer groups argued in briefs to the California Public Utilities Commission Friday. After denying AT&T relief from carrier of last resort (COLR) obligations in June (2406200065), the state commission is weighing AT&T’s separate application to relinquish its eligible telecommunications carrier (ETC) designation (docket A.23-03-002). AT&T claimed that the CPUC has no choice but to grant the application for statewide relief.
With Congress back for a three-week sprint before Election Day, Competitive Carriers Association CEO Tim Donovan remains convinced lawmakers will fully fund a program that removes unsecure gear from U.S. networks. In an interview, Donovan also said he expects at least some groups will seek reconsideration of the FCC’s recent order creating a 5G Fund.
Disney's demand for a "clean slate" provision and a covenant not to sue in its retransmission consent negotiations should be declared bad-faith negotiating, DirecTV told the FCC in a complaint filed Sunday. DirecTV also indicated another complaint, about Disney's bundling demands, could follow.
Petitions to deny Skydance’s proposed $8 billion purchase of Paramount Global and its 28 CBS-owned TV stations are due Oct. 7 in docket 24-275, said an FCC public notice Friday establishing a pleading cycle for filings on the deal. Oppositions to the petitions are due Oct. 27, replies Nov. 1. Announced in July (see 2407080025), the transaction isn’t expected to run into regulatory hurdles. Paramount has said the deal is expected to close by September 2025.