Top Senate Republicans told us Wednesday that they're likely to prioritize confirmation votes for GOP FCC nominee Olivia Trusty much earlier than expected as a result of Commissioner Nathan Simington’s abrupt exit. Simington said Wednesday he plans to depart the FCC “at the end of this week,” as we reported (see 2506030069). Democratic Commissioner Geoffrey Starks said he will resign Friday, also as expected (see 2505220043). The departures mean the FCC's party makeup will stand at a 1-1 tie by week’s end. That will also leave the commission below the statutory three-commissioner quorum, posing potential problems for Chairman Brendan Carr’s agenda heading into the commission’s planned June 26 meeting (see 2506040061).

A decision by the U.S. Supreme Court is expected in a matter of weeks in the Consumers' Research case challenging the USF contribution factor and the USF generally, even as SCOTUS wades through numerous emergency petitions from the Trump administration, industry experts said Wednesday during a Broadband Breakfast webinar. USF likely needs an overhaul, they added, but that could be difficult if the FCC loses at SCOTUS, which typically issues several high-profile decisions in June.

NASHVILLE -- State broadband officers said Wednesday that the best thing the Commerce Department and NTIA can do for them in the forthcoming BEAD guidance is allow states to be fast and flexible in how they get broadband infrastructure deployed. At the Fiber Broadband Association's annual trade show and conference, state officials expressed concerns that delays could chill ISPs' interest.

FCC Chairman Brendan Carr said Wednesday that the FCC will consider three items during its June 26 open meeting, though he acknowledged in his blog the uncertainty about whether any votes could occur. Leading the proposed items is an order that would eliminate a “dated and reticulated” group of cable TV rate regulations, consistent with the FCC’s “Delete” proceeding.

Commerce Secretary Howard Lutnick said during a Senate hearing Wednesday that NTIA will issue a new notice of funding opportunity (NOFO) for its $42.5 billion BEAD program and will require all states to resubmit their applications. But the agency would still be able to dole out much of the money before year-end, he told the Appropriations Commerce, Justice, Science and Related Agencies Subcommittee. Meanwhile, Sen. Mike Rounds, R-S.D., expressed reservations about President Donald Trump’s proposal to claw back $1.1 billion in advance CPB funding as part of a rescission package that congressional GOP leaders want expedited (see 2506030065).

Communications Daily is tracking the lawsuits below involving appeals of FCC actions.