An auction of AWS-3 licenses returned to the FCC by affiliates of Dish Network in 2023 is expected to start and possibly end this year, wireless industry experts said. In addition, the auction will offer unsold licenses from the initial Auction 97, the AWS-3 auction 10 years ago. The FY 2025 National Defense Authorization Act, which authorized the auction, allows 18 months for it to be held. It would be the FCC’s first auction of spectrum for full-power licensed use since 2022, with part of the proceeds going to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program.
House Commerce Committee leaders drew battle lines during and after a Thursday Communications Subcommittee hearing over GOP proposals to move spectrum legislation as part of an upcoming budget reconciliation package (see 2501070069). House Commerce ranking member Frank Pallone of New Jersey and other Democrats strongly objected to using reconciliation as a spectrum vehicle because it would allocate future license sales revenue to fund tax cuts instead of telecom priorities. Lawmakers from both parties again cited long-standing DOD objections to repurposing the 3.1-3.45 GHz band and other military-controlled frequencies as a continued flashpoint in spectrum legislative talks in this Congress (see 2501070069).
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New cases are marked with an * .
The Chips and Science Act of 2022, which has successfully funded the launch of U.S. facilities where chips are made, and it's unlikely President Donald Trump will reverse its work, experts said Wednesday during a Broadband Breakfast webinar. Trump was sharply critical of the act as a presidential candidate, saying that subsidies were a bad idea (see 2412090046).
House Commerce Committee leaders are cautioning that the Communications Subcommittee’s planned Thursday spectrum policy hearing isn’t necessarily an indication that the panel will seek early action on an airwaves legislative package. Some lawmakers and lobbyists instead said the hearing is aimed at educating the subpanel’s crop of new members on the complicated dynamics at play in the spectrum legislative debate. New House Commerce Chairman Brett Guthrie of Kentucky and other Republicans are eyeing using an upcoming budget reconciliation package to move on spectrum legislation (see 2501070069).
The FCC Media Bureau and Enforcement Bureau have set aside decisions made last week under the previous FCC chair to dismiss complaints against stations owned by ABC, CBS and NBC, according to orders filed in docket 25-11 Wednesday.
U.S. Supreme Court justices peppered both sides with questions on Tuesday as the court heard McLaughlin Chiropractic Associates v. McKesson, a Telephone Consumer Protection Act case with broad implications for the FCC and other agencies. Lawyers representing TCPA defendants fear that a decision overruling the 9th U.S. Circuit Court of Appeals could mean any district court might decide whether a regulatory action is valid, leading to a bonanza for TCPA plaintiffs, who could seek alternative interpretations in different courts (see 2410170015).
President Donald Trump signed a host of executive orders Monday that could affect FCC policy going forward and have already led newly minted FCC Chairman Brendan Carr to scrub the agency’s processes of references to diversity, equity and inclusion and scrap the FCC’s diversity committee. The executive orders include a pause on the TikTok divestiture rule, a freeze on new regulations, a return of the Schedule F rule making it easier to replace federal workers with political appointees, and policies requiring information sharing with the new Department of Government Efficiency. Another order issued Monday officially designated Carr as chairman.
A unanimous U.S. Supreme Court on Friday upheld a law requiring ByteDance to divest TikTok, citing Congress’ “well-supported national security concerns.”
Eight former FCC commissioners filed an amicus brief at the U.S. Supreme Court last week urging the justices to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program. Meanwhile, likely Senate Communications Subcommittee leaders Deb Fischer, R-Neb., and Ben Ray Lujan, D-N.M., led an amicus brief with 27 other House and Senate lawmakers defending the funding mechanism.