The FCC asked the 8th U.S. Circuit Appeals Court to schedule oral argument on an industry coalition's challenge of the commission's digital discrimination rules (see 2407080012). In a brief (docket 24-1179), the FCC said issues in the Minnesota Telecom Alliance's (MTA) challenge are "complex" and oral argument "may assist the court." However, in its reply brief, MTA and a coalition of industry groups urged the court should decide that the discrimination rules are unlawful and set aside the FCC's digital discrimination order.
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.
ISP and banking groups urged that the FCC update letter of credit (LOC) rules for its high-cost universal service programs. In reply comments posted Tuesday in docket 24-144, the groups said the record reflected overwhelming support for changes to the rules. Weiss Ratings founder Martin Weiss defended the "independence, objectivity, and accuracy" of the company's ratings in a letter to the FCC.
It's "astonishing that the FCC is once again seeking to impose heavy-handed regulation on internet access," TechFreedom and the Washington Legal Foundation told the 6th U.S. Circuit Court of Appeals Wednesday. The groups urged the court in an amicus brief Wednesday that it should reverse the commission's order restoring Title II classification of broadband (see 2408130001). Their brief said the "only question for this court" is whether the FCC has the statutory authority to act (docket 24-7000), arguing the order is a violation of the major questions doctrine.
The FCC "must point to clear congressional authorization" before claiming it can reclassify broadband as a Title II telecom service under the Communications Act, a coalition of industry groups told the 6th U.S. Circuit Court of Appeals in its challenge of the commission's net neutrality rules. The court granted a temporary stay of the rules earlier this month (see 2408010066). The petitioners -- ACA Connects, CTIA, NCTA, USTelecom, the Wireless ISP Association and several state telecom associations -- said in their opening brief filed late Monday (docket 24-7000) that the "best reading of the federal communications laws forecloses the commission’s reclassification."
The FCC defended the Wireline Bureau's decision denying LTD Broadband's long-form application for the Rural Digital Opportunity Fund. LTD, which was the largest winning bidder, sought a reversal of the decision, claiming the FCC improperly denied its entire application. In a Monday reply brief to the U.S. Court of Appeals for the D.C. Circuit (docket 24-1017), the commission said it "repeatedly stated that the bureau would perform an in-depth review of long-form applications" to consider the technical and financial information of winning bidders (see 2405090056).
Telecom and banking groups urged that the FCC adopt proposed modifications to its letter of credit (LOC) rules for Universal Service Fund support recipients. Comments were posted Tuesday in docket 10-90 (see 2407030062). The commission proposed modifying LOC rules for its high-cost programs and Connect America Fund (CAF) Phase II and Rural Digital Opportunity Fund (RDOF) support recipients.
FCC Chairwoman Jessica Rosenworcel vowed she will continue fighting for the commission's net neutrality order following the 6th U.S. Circuit Court of Appeals' decision that stayed the rules Thursday (see 2408010065). "The American public wants an internet that is fast, open and fair," and Thursday's decision "is a setback, but we will not give up the fight for net neutrality," Rosenworcel said.
A coalition of 31 consumer and public interest advocacy groups urged the FCC to move forward with its NPRM under circulation regarding bulk broadband billing in multi-tenant environments. The groups, which included Public Knowledge, Consumer Reports, Consumer Action, National Consumer Law Center and New America's Open Technology Institute, told the FCC in a letter that bulk billing arrangements "sacrifice consumer choice to preserve in-building monopolies at the expense of tenants." The letter was posted Thursday in docket 17-142.
Consumer advocates and industry officials disagreed Wednesday about the need for addressing junk fees in the broadband and communications marketplace. After noting that increased competition results in consumers getting faster speeds and better service, ACA Connects Chief Regulatory Counsel Brian Hurley said, "In this competitive marketplace, our members and providers have every incentive to avoid bill shock and other negative experiences that could compel their customers to take their business elsewhere." Addressing a Broadband Breakfast webinar, Hurley added there's "no finding that junk fees are prevalent" in the marketplace.
NTIA released the first of six data dashboard tools Monday that will help publicly "monitor the progress of construction and implementation related to projects" the agency's broadband programs fund. The just-released tool will provide "increased transparency" of reporting requirements. The agency also released additional guidance about compliance with its build America, buy America waiver.