The U.S. Supreme Court Monday denied to review a petition from telecom groups challenging a New York law requiring that ISPs offer a certain plan for eligible low-income households (see 2404260051). The Affordable Broadband Act requires $15 monthly plans providing 25/3 Mbps speeds. Some saw the decision to uphold the 2nd Circuit's ruling in favor of the law as unsurprising given the legal battle over the FCC's reclassification of broadband as a Title II telecom service (see 2410010024).
Gabriella Novello
Gabriella Novello, Assistant Editor, is a journalist for Communications Daily covering telecommunications and the Federal Communications Commission. She joined the Warren Communications News staff in 2020, after covering election integrity and the 2020 presidential election at WhoWhatWhy. She received her bachelor's degree in journalism with a minor in health promotion at American University. You can follow Novello on Twitter: @NOVELLOGAB.
Industry and public interest groups disagreed last week about whether the California Public Utilities Commission should temporarily freeze the state LifeLine specific support amount (SSA) for wireline and wireless providers. The CPUC is considering freezing the SSA at $19 beginning Jan. 1 until a new methodology is calculated (see 2406040032).
A Texas appeals court found "reversible error" in a lower court ruling in cities' challenge of the state's small-cells rules (see 2301270028). The trial court ruling siding with the state was reversed in part and the remainder of the ruling was remanded to the trial court. In Justice Edward Smith's opinion Friday in 03-22-00524-CV, he said the state "identifies no case" in which consideration of 10% of fair market value "was deemed adequate," and the cities "identify none in which that amount was held to result in a gratuity."
Industry groups widely opposed an FCC notice of inquiry seeking comment about the impact of broadband data caps on consumers and potential regulatory steps the agency could take. In comments posted Friday in docket 23-199 (see 2410150069), many warned the proceeding was a step toward rate regulation and potential consumer harm should the FCC limit the use of data caps. Some public interest groups urged the commission to proceed, however.
The Minnesota Public Utilities Commission during an agency meeting Thursday unanimously denied Lumen's petition for reconsideration of an order finding violations of the state's service quality rules (see 2410070044). A Lumen spokesperson told us the company will "continue our extensive efforts to address their concerns while exploring our procedural options moving forward."
Attorneys general of 46 states and the District of Columbia urged the FCC to proceed with its proposed revisions to the robocall mitigation database (RMD). In reply comments posted Wednesday in docket 24-213 (see 2410160037), several industry groups also backed the proposal and sought some changes that will ensure information filed by providers is as accurate as possible.
Several industry groups continued calling on the FCC to permanently eliminate the requirement that a certified professional engineer (PE) verify and certify a company's broadband data before it's submitted through the broadband data collection (BDC). The groups made the remarks in comments posted through Wednesday in docket 19-195 (see 2408300036). Others raised concerns with a proposal for adopting additional reporting requirements for satellite and fixed wireless providers.
Rural and high-cost areas throughout Alaska remain "some of the hardest and most costly to serve in the country," the FCC acknowledged in a Monday order establishing the Alaska Connect Fund (ACF), complementing the 2016 Alaska Plan (see 2410150048). The order will take effect 30 days after Federal Register publication. Also adopted on Monday was a Further NPRM seeking comment on implementation of the fund.
A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit pressed LTD Broadband Tuesday on its challenge of the FCC's denial of its Rural Digital Opportunity Fund Phase I auction long-form application (see 2405090056). Judges during oral argument questioned LTD and the FCC on the standard of review applied to the ISP compared with other RDOF applicants, as well as the potential impact on rural broadband access in the areas where LTD won bids.
A three-judge appeals court panel hearing a challenge (docket 24-7000) of the FCC's Title II reclassification of broadband questioned industry groups and the agency Thursday about the major questions doctrine (see 2409030030). Oral argument was held at the 6th U.S. Circuit Court of Appeals, where judges also questioned the relationship between the doctrine and Chevron deference, as well as the statutory interpretation of the Communications Act and the FCC's changing positions over time.