New BEAD guidance from NTIA is expected in the middle of next month, state sources told us. There have been indications from the Commerce Department and elsewhere that big changes are ahead for BEAD rules (see 2503200003). NTIA didn't comment.
A federal appellate court's rejection of a $57 million FCC fine -- calling it unconstitutional -- could force the agency to revisit and overhaul its enforcement processes. The agency clearly has authority to enforce laws requiring telecommunications companies to protect sensitive customer data, but the FCC "must do so consistent with our Constitution’s guarantees of an Article III decisionmaker and a jury trial," a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled last week as it vacated the fine against AT&T that stemmed from handling of customer data. T-Mobile and Verizon are challenging similar fines levied in the same April 2024 enforcement action. In siding with AT&T, the court said it was guided by the U.S. Supreme Court's 2024 Jarkesy decision regarding whether federal regulatory agencies can bring in-house proceedings to enforce civil penalties.
The U.S. trade war and resulting geopolitical tensions are a short-term not a long-term worry, a trio of satellite executives said Wednesday during a panel discussion. They were also bullish about their prospects in the face of competition from SpaceX and, soon, Amazon's Kuiper.
Some space operator interests, including SpaceX and the Commercial Space Federation, are keen on shot clocks for satellite and earth station licensing determinations, according to docket 25-133 filings posted Monday in FCC Chairman Brendan Carr's "Delete" proceeding. Space industry filings also included several companies targeting technical rules and requirements. Other "Delete" proceeding submissions presented deregulatory ideas from telecom, broadcast and cable interests (see 2504140046 and 2504140063).
The FCC and FTC are moving toward trying to rein in what they see as overly broad applications of Section 230 of the Communications Decency Act and to reverse what their agency leaders call censorship by social media platforms. Agency watchers said they expect the FCC to issue an advisory opinion soon, though some see such an opinion as more performative than practical. FCC Chairman Brendan Carr has repeatedly said that addressing "the censorship cartel" is one of the agency's priorities (see 2411210028). His office and the FTC didn't comment. FCC Commissioner Anna Gomez has been critical of the possibility of a Section 230 advisory opinion (see 2502240062).
The FCC's 2024 foreign-sponsored content rules are potentially "problematic" in how they put most advertising into the category of "leases," U.S. Court of Appeals for the D.C. Circuit Judge Gregory Katsas said at oral argument Monday. NAB is challenging the rules (docket 24-1296) (see 2501220078). During oral argument, the group repeatedly emphasized that there's a difference between leases and ad time. Meanwhile, Judge Karen Henderson seemed skeptical of NAB arguments that the order caught it unaware.
With West Virginia's announced pause of its BEAD process as it revamps its state program to be more in line with what the White House wants, some other states are expected to follow its lead, observers told us. There have been numerous indications that big changes are ahead for BEAD rules (see 2503200003).
T-Mobile is urging the FCC to hold off on instituting a text-to-988 georouting requirement, saying it could disrupt collaborations between wireless providers and the 988 Suicide & Crisis Lifeline administrator. That view was expressed in docket 18-336 comments posted Friday, as the FCC is seeking input on 988 text georouting privacy issues (see 2503030002). The 988 call georouting order, which FCC commissioners approved in October, included an NPRM about text georouting (see 2410170026).
While FCC Chairman Brendan Carr has indicated that the agency envisions more steps to retire copper networks, beyond a series of orders issued in March, we're told it's unclear what big regulatory burdens remain. The agency last month called its steps "initial" and promised additional action (see 2503200056). Carr used similar language at last week's FCC meeting (see 2503270042). His office didn't comment further.
President Donald Trump’s executive order putting independent regulatory agencies under greater White House control (see 2502190075) should result in stronger regulatory analysis by those agencies and better evidence supporting their arguments, said George Washington University Regulatory Studies Center Director Susan Dudley. Speaking Wednesday at an administrative law panel discussion by the University of Pennsylvania’s Penn Program of Regulation, Dudley said the order also should lead to those independent agencies better coordinating their work across the government.