The FCC and DOJ last week asked the 5th U.S. Circuit Court of Appeals to rehear en banc an order that tossed the FCC's $57 million fine imposed on AT&T because the agency's in-house adjudication was unconstitutional (see 2504180001). The 5th Circuit is widely viewed as the most right-leaning of the circuits and is a favored location by industry for challenging federal regulation.
Despite pressure from tribal and public interest groups, the FCC appears unlikely to change rules for the AWS-3 auction to allow a tribal window, industry officials and observers said Friday. With Olivia Trusty, a second Republican, joining the commission, Chairman Brendan Carr probably has the votes to approve auction rules regardless of opposition from Democratic Commissioner Anna Gomez, officials said. The agency is scheduled to vote on the order Thursday.
The FCC and DOJ on Thursday asked the 5th U.S. Circuit Court of Appeals not to require a briefing on a potential remaining issue after the U.S. Supreme Court last month rejected a Consumers’ Research challenge to the way the FCC manages the USF (see 2507020049). The problem for the FCC has been a footnote in the majority opinion, which noted that several provisions in Section 254 of the Communications Act weren't challenged and which expressed no opinion about whether those posed any additional problems for the program (see 2507150081).
Industry groups disagreed on the steps the FCC should take to close a “gap” in the commission’s Stir/Shaken authentication rules, making it harder for scammers to hide their identities. CTIA warned of unintended consequences, while other comments asked the commission to move quickly and resolutely.
The FCC posted on Thursday the drafts for all the items teed up for votes at the commission’s Aug. 7 open meeting. Most have a deregulatory bent.
Public Knowledge and New America’s Open Technology Institute urged the FCC to move to a modern spectrum-sharing framework, with an automated, third-party database, to manage the lower 37 GHz band. The groups this week filed joint comments in docket 24-243 on an April Further NPRM from the FCC (see 2507150060).
The FCC avoided a potentially disastrous result when the U.S. Supreme Court upheld the USF contribution factor in its Consumers’ Research decision last month (see 2507020049), HWG’s Chris Wright said during a practitioners panel that was part of an FCBA CLE Tuesday (see 2507150081). “If the case had gone the other way” it would have “called into question almost everything in the Communications Act,” said Wright, a former FCC general counsel.
The FCC's move to consider an NPRM on copper retirements at the July 24 open meeting (see 2507030049) is part of a global trend, experts said Tuesday during a World Broadband Association webinar. Operators worldwide have the same concerns as those in the U.S. about the cost of maintaining legacy networks as fiber is deployed, panelists said.
FCC Chairman Brendan Carr on Wednesday unveiled a full agenda for the Aug. 7 open meeting, leading off with proposed changes to the National Environmental Policy Act (NEPA). Also included are draft orders that Carr said were aimed at streamlining submarine cable licensing and satellite and earth station licensing. As will be true for the July meeting, cutting regulation will be a priority in August (see 2507030049).
Future rules for the 37 GHz band must protect licensed wireless operations in the upper 37 and 39 GHz bands and shouldn’t impose new emissions limits, CTIA said in comments on a Further NPRM aimed at spurring greater use of the spectrum. FCC commissioners approved an order and FNPRM on the band in April and comments were due Monday in docket 24-243. The National Academy of Sciences’ Committee on Radio Frequencies (CORF) repeated its concerns (see 2409300028) about protecting the 36-37 GHz earth exploration satellite service (EESS) band, which is critical for science, it said.