The U.S. Supreme Court ruled 6-3 on Friday in Consumers’ Research v. FCC that the USF's contribution scheme doesn’t violate the non-delegation doctrine. The decision overturned an en banc ruling from the 5th U.S. Circuit Court of Appeals. Justice Elena Kagan wrote the majority opinion, while Justice Neil Gorsuch wrote a dissent, which was joined by Samuel Alito and Clarence Thomas.
The U.S. is offering to host the 2027 World Radiocommunication Conference. In a letter Monday to ITU Secretary-General Doreen Bogdan-Martin, Commerce Secretary Howard Lutnick offered to host "here, in the beautiful United States of America." He said with Rwanda withdrawing its bid to host, the U.S. "stands ready and willing to step up to provide a free and open environment to host this critical conference." The Lutnick letter does not specify one host city but says it could be "any number of cities," including Washington. Shanghai has been seen as the most likely host for WRC-27 (see 2506180073).
In a 6-3 ruling Friday, the U.S. Supreme Court decided in a key Telephone Consumer Protection Act case that lower courts aren’t bound by FCC and other agency decisions. The Hobbs Act gives the appeals courts general jurisdiction to enjoin, set aside, suspend or determine the validity of some agency orders, including most FCC orders, according to the decision in McLaughlin Chiropractic Associates v. McKesson. Major telecom trade groups have urged SCOTUS to reject arguments that a lower court can review an FCC decision, saying industry needs the certainty provided by the Hobbs Act (see 2412260037).
The FCC Media Bureau issued a public notice late Wednesday seeking comment on eliminating or modifying the national broadcast-ownership cap. The item sought comment about changing the cap, modifying the UHF discount and treating ownership of non-top-four affiliate stations differently under the rules. If the FCC “retains a national audience reach cap, should common ownership of stations that are not affiliated with major national broadcast networks (i.e., ABC, CBS, NBC, or FOX) be excluded from the cap?” the notice asked.
The Senate voted 53-45 Wednesday to confirm Republican Commissioner-designate Olivia Trusty to a full, five-year term that begins July 1, as expected. The chamber already confirmed her Tuesday to finish the term of former Democratic Chairwoman Jessica Rosenworcel, which ends June 30. Once sworn in, Trusty will shift the FCC to a 2-1 Republican majority and restore the commission's quorum.
The Senate confirmed Republican Olivia Trusty to the FCC Tuesday on a largely party-line, 53-45 vote, as expected. The vote covered only her nomination to finish the term of former Democratic Chairwoman Jessica Rosenworcel, which expires June 30. The chamber is likely to confirm Trusty on Wednesday to a full five-year term, which will begin July 1. Once sworn in, Trusty will shift the FCC to a 2-1 Republican majority. The simultaneous resignations earlier this month of Republican Commissioner Nathan Simington and Democratic Commissioner Geoffrey Starks left the agency without a quorum and in a 1-1 tie.
Senate Commerce Committee ranking member Maria Cantwell, D-Wash., told us Monday night she will vote against Republican FCC nominee Olivia Trusty’s confirmation on the floor, potentially presaging broader Democratic opposition ahead of likely floor votes this week to advance her confirmation. Cantwell’s new opposition to Trusty is notable, as she was one of six Senate Commerce Democrats who voted to advance the nominee out of committee in late April.
Senate Majority Leader John Thune, R-S.D., filed cloture Thursday night on Republican FCC nominee Olivia Trusty, setting up potential floor votes on her confirmation next week. Thune sought cloture on Trusty's nomination to two terms -- one to finish out that of former Democratic Chairwoman Jessica Rosenworcel, which ends June 30, and a subsequent full five-year term. Thune and other Senate Republicans have seen greater urgency to prioritize Trusty's confirmation after GOP Commissioner Nathan Simington resigned last week, shifting the commission to a 1-1 tie and leaving it without a quorum.
Former FCC Commissioner Nathan Simington said in an interview Saturday that he “would be delighted” to see his seat go to his Chief of Staff Gavin Wax. Simington said that commissioner nominations are 100% up to President Donald Trump and he wanted to “take pains” not to “front-run” Trump’s choice, but that Wax would be a good fit for the job. Among others being discussed for the position are FCC General Counsel Adam Candeub, National Economic Council Deputy Director Robin Colwell, NTIA Deputy Administrator Adam Cassady and current NTIA Administrator nominee Arielle Roth.
Senate Commerce Committee Chairman Ted Cruz, R-Texas, insisted in a brief interview Thursday that a deal he reached Wednesday with top Armed Services Committee Republicans for spectrum language in the chamber’s budget reconciliation package remains intact, after panel member Mike Rounds, R-S.D., indicated that new wrinkles had emerged. The deal ensured the spectrum title would exclude the 3.1-3.45 GHz band and parts of the 7 and 8 GHz bands from possible sale through the entirety of a proposed restoration of the FCC’s lapsed auction authority, which would run through Sept. 30, 2034. Rounds, Communications Subcommittee Chair Deb Fischer, R-Neb., and Intelligence Committee Chairman Tom Cotton, R-Ark., pushed for exclusions on the 7 and 8 GHz bands.