The FCC overstepped its statutory boundaries in trying to implement the Telephone Consumer Protection Act, the 11th U.S. Circuit Court of Appeals said Friday, as it vacated part of the agency's 2023 robocall amid robotext order. In a 23-page decision (docket 24-10277), Judges Elizabeth Branch, Robert Luck and Barbara Lagoa sided with petitioner Insurance Marketing Coalition and said the 2023 order sets rules that conflict with the ordinary statutory meaning of the TCPA's "prior express consent" language. The 11th Circuit vacated the portion of the order that states that a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit also remanded the order back to the FCC for further proceedings.

The FCC denied four challenges against broadcast stations at the bureau level in what outgoing Chairwoman Jessica Rosenworcel said is “a stand on behalf of the First Amendment.” In two orders and two letters, the agency rejected three complaints from the Center for American Rights against stations owned by CBS, ABC and NBC, and a third against a Fox-owned station from the Media and Democracy Project. The Center for American Rights complaints accused NBC of violating the FCC’s equal opportunity rules with a Saturday Night Live appearance by Vice President Kamala Harris, CBS of violating the news distortion rules by editing an interview with Harris, and ABC for its moderation of a presidential debate between Harris and President-Elect Donald Trump. The MAD filing called for the FCC to hold a hearing on Fox’s fitness to hold FCC licenses in the wake of a 2023 Superior Court of Delaware ruling on a motion for summary judgment in Dominion Voting System’s defamation case against Fox over its 2020 election reporting. The CBS and ABC complaints were rejected by the Enforcement Bureau, the Fox and NBC filings by the Media Bureau. “The action we take makes clear two things,” said Rosenworcel in a released statement. “First, the FCC should not be the President’s speech police. Second, the FCC should not be journalism’s censor-in-chief.” Incoming FCC Chair Brendan Carr has indicated support for the CAR filings.

President-elect Donald Trump said Thursday he plans to nominate Senate Armed Services Committee Republican staffer Olivia Trusty to the FCC seat current Chairwoman Jessica Rosenworcel will vacate on Monday. Multiple former FCC officials and communications sector lobbyists told us they expected Trump would also announce Arielle Roth, the Senate Commerce Committee's Republican telecom policy director, as his pick for NTIA administrator as soon as Thursday. A range of ex-FCC officials and other observers previously tipped Trusty and Roth as the top contenders for the Rosenworcel seat.

Trusty “will work with our incredible” incoming FCC Chairman Brendan Carr “to cut regulations at a record pace, protect Free Speech, and ensure every American has access to affordable and fast Internet,” Trump said in a Truth Social post. He misidentified her as still being a Senate Commerce Committee aide. She was previously part of Commerce staff before moving to Armed Services when current Chairman Roger Wicker of Mississippi took over as Armed Services’ lead Republican. Wicker endorsed Trusty in November for the Rosenworcel seat.

Disney, Fox and Warner Bros. Discovery are calling off their planned Venu sports streaming joint venture. They announced Friday that "in an ever-changing marketplace, we determined that it was best to meet the evolving demands of sports fans by focusing on existing products and distribution channels." Parties including some Democratic members of Congress had voiced antitrust concerns about the venture. Rival streaming service FuboTV this week reached a settlement that ended its litigation in U.S. District Court for the Southern District of New York against Venu.

The 6th U.S. Circuit Court of Appeals on Thursday overturned the FCC’s latest net neutrality order, reclassifying broadband as a Title II service under the Communications Act. A three-judge panel handed down the decision two months after hearing oral argument (see 2410310041).

The court held that broadband ISPs “offer only an ‘information service’” and “therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the ‘telecommunications service’ provision of the Communications Act.

“For almost 20 years after Congress enacted the Telecommunications Act, the FCC’s position was that companies providing access to the Internet offered information -- not telecommunications -- services, and thus, Title II’s common-carrier regulations did not apply,” the court found: “This order -- issued during the Biden administration -- undoes the order issued during the first Trump administration, which undid the order issued during the Obama administration, which undid orders issued during the Bush and Clinton administrations.”

The court also found that mobile broadband "does not qualify as 'commercial mobile service'" and cannot be regulated as a common carrier service.

The panel was made up of Judges Richard Griffin and Raymond Kethledge, who are appointees of President George W. Bush, and John Bush, one of six 6th Circuit judges that President Donald Trump appointed. Griffin wrote the decision.