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.
State broadband regulators and industry officials highlighted efforts at addressing pole attachment processes to facilitate broadband deployment Tuesday. During an FCBA webinar (see 2312130044), some mentioned increased coordination among utilities, attachers and other stakeholders to streamline the process and enable faster deployment. Several highlighted workforce issues as a barrier.
The New Jersey Assembly Committee on Consumer Affairs unanimously approved a bill Thursday requiring cable and broadband providers to let consumers admitted to a long-term care facility to pause or cancel service contracts. Moreover, under the bill, customers who pause or cancel contracts would not incur additional fees.
Incarcerated people's communications services (IPCS) providers and public interest groups urged the FCC to revise its proposed rules on rate caps for video IPCS (see 2409200019). Commissioners adopted the Further NPRM in July along with an order lowering rates for audio IPCS and establishing interim rate caps for video IPCS. Providers opposed establishing service quality standards and expanding the definition of a correctional facility in comments posted Tuesday in docket 23-62. Public interest groups sought additional data, allowing more refinement of interim rate caps.
The FCC's mapping broadband health in America platform will soon include additional details on telehealth access and maternal health, the Connect2Health Task Force told commissioners during their open meeting Thursday (see 2409250041). While the FCC has adopted rules requiring georouting wireless calls to the 988 Suicide and Crisis Lifeline, it's uncertain whether it will require georouting to other emergency helplines, Chairwoman Jessica Rosenworcel said during a news conference following the meeting. The 5-0 988 georouting approval was expected (see 2410040005). Commissioners also unanimously voted for adoption of an order on hearing aid compatibility requirements (see 2410170030) and tentatively selected applicants for new low-power FM station construction permits.
Industry welcomed an FCC proposal aimed at improving the robocall mitigation database's (RMD) accuracy and potential enforcement measures. Commissioners adopted the NPRM in August (see 2408070047). In comments posted in docket 24-213 through Wednesday, some groups disagreed about whether the FCC should impose a filing fee for new and current RMD registrants.
The FCC in a 3-2 vote adopted a notice of inquiry seeking comment on the impact of data caps on consumers and competition in the broadband marketplace. The NOI "launches a formal proceeding through which the agency can hear from those impacted by data caps," said a news release Tuesday. Comments are due by Nov. 14, replies Dec. 2, in docket 23-199. Commissioners Brendan Carr and Nathan Simington dissented.
Industry groups and ISPs sought several adjustments in FCC requirements on broadband data collection (BDC). Some asked the FCC to permanently remove the rule requiring that a professional engineer (PE) certify availability data. Others sought clarification on the process for providers seeking to restore locations on their availability maps after a challenge process removed such locations. Comments were posted through Tuesday in docket 19-195 (see 2408300036)
Broadband deployment continues in a timely manner and adoption rates are rising, ISPs said in comments about the FCC's annual Section 706 report on the state of competition in the broadband marketplace (see 2409060058). In addition, some urged that the commission refrain from including metrics on pricing and adoption rates in its final analysis. Others said the FCC should refine the broadband data collection (BDC) process and national broadband map.