The FCC Enforcement Bureau removed K20 Wireless and its CEO, Krandon Wenger, from the commission's list of providers participating in the affordable connectivity program. In addition, it barred them from participating in any successor program. On Tuesday, the bureau denied K20 and Wenger's request to stay its removal order following a May order claiming they "engaged in serious, willful misconduct in violation of multiple ACP rules." In an investigation, the bureau found K20 "changed the non-tribal residential addresses associated with subscribers to false addresses on tribal lands when it transferred the subscribers to its ACP service." Providers receive a greater subsidy when tribal households are offered the benefit. A proposed $8 million fine was not imposed in the removal order (see 2405100032).
Representatives of Alaska’s GCI Communication spoke with aides to FCC Chairwoman Jessica Rosenworcel about a Brattle Group-developed model that estimates the cost of upgrading the state’s mobile wireless network to 5G. GCI urged the commission “consider this model and move forward to adopt the Alaska Connect Fund to provide a stable basis for planning Alaska’s fixed and mobile telecommunications networks,” a filing posted Wednesday in docket 23-328 said.
NCTA weighed in at the FCC against giving FirstNet and AT&T control of the 4.9 GHz band. As the FCC and others recognize, “spectrum resources are finite, and 'greenfield' opportunities have been exhausted,” a filing posted Wednesday in docket 07-100 said. “AT&T already holds vast swaths of licensed spectrum,” NCTA said: “Under these circumstances, AT&T -- like any other commercial provider -- should be required to compete in an open and competitive assignment process rather than being designated a band manager with residual rights to utilize the 4.9 GHz band for commercial purposes.” The Edison Electric Institute also opposed FirstNet control of the band. Allowing commercial communications service providers to use the 4.9 GHz band "will diminish its reliability, which would in turn discourage further investment by public safety and utilities, effectively displacing incumbents from the band,” EEI said.
The Wireless ISP Association questioned whether the FCC has legal authority to adopt a draft order and Further NPRM that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. The issue is set for a July 18 vote (see 2406270068). WISPA said in light of the U.S. Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo (see 2406280043), “the Commission’s authority to adopt the rules proposed in the Draft Order may not withstand judicial scrutiny.” Loper overturned the Chevron doctrine, which gave agencies like the FCC deference in interpreting laws that Congress approved. WISPA said if the FCC moves forward anyway, it should expand the rules to also support fixed wireless connections and citizens broadband radio service deployments. A WISPA representative spoke with aides to Chairwoman Jessica Rosenworcel and Commissioners Brendan Carr and Nathan Simington, a filing Wednesday in docket 21-31 said.
Republican ex-FCC Commissioner Mike O’Rielly marked the death of former Senate Armed Services Committee Chairman Jim Inhofe, R-Okla., noting he respected the lawmaker's opposition to the commission approving Ligado’s L-band plan even though it prompted Inhofe placing a July 2020 hold on O'Rielly's reconfirmation (see 2007280039). Then-President Donald Trump withdrew O’Rielly’s renomination less than a week later for unrelated reasons (see 2008040061). “People suspect I was angered by his hold on my nomination years ago,” O’Rielly said. “To the contrary, I respected his engagement and views on a tough issue.” Inhofe, 89, died Tuesday.
The U.S. Supreme Court is "clear[ly] ... exasperated with the FCC's flip-flopping between Title I and Title II" classification of the internet, International Center for Law & Economics scholars blogged Wednesday. ICLE's Eric Fruits and Ben Sperry pointed to Justice Neil Gorsuch's concurrence in the Loper Bright decision. Gorsuch cited the FCC's changing Title II policies despite no changes in statutes governing those regulations as a weakness of Chevron deference. The current legal appeal of the agency's most-recent reclassification (see 2406030053) could be tied up in courts for years, Fruits and Sperry added. It's unclear if the FCC's most recent flip "was the last or if there will be one more."
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The FTC should rely more heavily on statutory text when writing rules, given the U.S. Supreme Court’s recent reversal of Chevron, FTC Commissioner Melissa Holyoak told us Wednesday (see 2407090044 and 2406280043). Chevron could significantly affect the FTC, given its aggressive rulemaking approach under Chair Lina Khan, legal experts told us in interviews.
The House Appropriations Committee voted 31-25 Wednesday to advance its Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill without advance FY 2027 money for CPB after Democrats didn’t attempt to restore the allocation. The House Rules Committee, meanwhile, will consider filed amendments to Appropriations’ FY25 Financial Services Subcommittee bill (HR-8773) that aim to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding. The measure proposes boosting the FCC’s annual allocation to $416 million but includes riders barring the commission from implementing GOP-opposed net neutrality and digital discrimination orders (see 2406050067).
Open network architecture is a flourishing trend beyond 5G and open radio access networks, speakers said Wednesday during a Broadband Breakfast webinar. The wholesale model has worked for the middle mile and in wireless, Incompas President Angie Kronenberg said: “It’s exciting to see the discussion now happening about last-mile connectivity and fiber.”