Despite numerous signs that big changes are ahead for BEAD, states will likely stay the course on their programs and should, broadband consultants and others told us. The only smart play is for states to stay in close contact with NTIA and try to figure out what to expect, several said. Commerce Secretary Howard Lutnick said earlier this month that a review of BEAD rules was underway (see 2503050067), and the former head of the program, Evan Feinman, predicted rules changes were coming from the Trump administration (see 2503170045). Commerce didn't comment.
The U.S. Court of Appeals for the D.C. Circuit on Wednesday turned down requests to stay parts of the FCC’s October order on the 4.9 GHz band. The Bay Area Rapid Transit District, the National Sheriffs' Association and the California State Sheriffs' Association asked for a stay (see 2503070024). But an order by a three-judge panel denied the motions, saying: “Movants have not satisfied the stringent requirements for a stay pending court review.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New cases since the last update are marked with a *.
Twenty-seven states and the District of Columbia are joining a push urging the 11th U.S. Circuit Court of Appeals to hold an en banc rehearing regarding the court's decision on a 2023 FCC robocall and robotext order (see 2501240068). "The FCC’s one-to-one consent rule at issue in this appeal is a critical nationwide enforcement tool" against illegal robocalls, the states said in an amicus brief Monday (docket 24-10277), backing the National Consumer Law Center's proposed petition for rehearing en banc. The 11th Circuit panel’s decision "invalidating this commonsense rule threatens Amici States’ interest in protecting consumers, families, and businesses from the deluge of invasive robocalls," they said. The one-to-one consent rule "provides a critical federal complement to state-level efforts to combat robocalls by creating a nationwide limitation on certain harvesting of consumer contact information." The states signing the amicus brief were: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.
The failed legal challenge to New York's low-cost broadband law (see 2412160039) provides a route for California to adopt similar laws and policies, the California Public Utilities Commission's Public Advocates Office wrote Tuesday. It said a New York-like affordability requirement of $15 per month for low-income consumers would save such subscribers of the state's four largest providers -- AT&T, Comcast, Cox and Charter Communications -- close to $100 million annually. A low-cost broadband requirement "would effectively cut these broadband bills in half," it said. The financial impact on broadband providers "would be minimal," since low-income consumers represent a small part of their overall revenue, it said, adding that a $15 requirement would reduce the California-based revenue of the four companies by less than 1%.
The FCC’s outage reporting rules and its history of assessing large penalties for violations are leading to public safety answering points (PSAPs) being heavily burdened by notifications, said attorneys, trade groups and public safety associations. New rules that go into effect April 15 are likely to exacerbate the issue, they said during an FCBA virtual panel discussion Monday.
Two FCC facilities are listed among government real estate leases marked for termination by the Department of Government Efficiency, according to the DOGE website. The FCC didn’t respond to requests for comment on the listings, but the leases appear to be Enforcement Bureau field offices in Dallas and Cerritos, California. An internal General Services Administration planning document said those leases would be canceled Sept. 30, according to an Associated Press report. DOGE lists the termination of the Cerritos lease as saving $142,637 a year and the Dallas lease as saving $60,630 a year. The FCC didn’t respond to questions about whether the canceled leases would influence Enforcement Bureau field coverage or involve a reduction in personnel. After then-Chairman Tom Wheeler cut several EB field offices in 2015, FCC Republicans -- including former Chairman Ajit Pai -- voiced their opposition (see 1507160036).
Intel appoints Lip-Bu Tan, ex-Walden International, as CEO, succeeding David Zinsner, now executive vice president and CFO, and Michelle Johnston Holthaus, CEO-Intel Products; Tan also becomes executive board chair, replacing Frank Yeary, Darwin Capital, now independent chair … Texas Gov. Greg Abbott (R) reappoints Benjamin Barkley as chief executive and public counsel, Office of Public Utility Counsel, pending Senate confirmation … Government satellite network Rivada Select Services names to board Joe Maguire, University of Texas; John O'Connor, J.H. Whitney Investment Management; and Allen Parker, ex-Wells Fargo … TechNet taps Robert Boykin, formerly California Association of Health Plans, as executive director-California and the Southwest region.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The National Sheriffs' Association and the California State Sheriffs' Association made their case for staying parts of the FCC’s October order on the 4.9 GHz band. The groups supported arguments by the Bay Area Rapid Transit District (see 2503070024), which also sought a stay, and countered arguments by the FCC, the Public Safety Spectrum Alliance (PSSA) and Public Safety Broadband Technology Association (see 2503030053).