Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New cases since the last update are marked with a *.
FCC commissioners unanimously approved an order Wednesday amending the commission's letter of credit (LOC) rules for providers receiving high-cost USF support, moving away from reliance on the Weiss rating system. The order affects participants in the Connect America Fund Phase II and Rural Digital Opportunity Fund programs and those receiving support for Puerto Rico and U.S. Virgin Islands. The order saw tweaks at the request of Commissioner Anna Gomez, officials said.
Senate Commerce Committee ranking member Ted Cruz, R-Texas, during a Wednesday Communications Subcommittee hearing criticized FCC Chairwoman Jessica Rosenworcel’s draft declaratory ruling last week finding that Communications Assistance for Law Enforcement Act Section (CALEA) Section 105 requires telecom carriers to secure their networks against cyberattacks (see 2412050044). Republican FCC Commissioner Brendan Carr, President-elect Donald Trump’s pick to become chairman Jan. 20, told reporters Wednesday he believes the commission’s response to the Salt Typhoon Chinese government-affiliated effort at hacking U.S. telecom networks (see 2411190073) should focus on continuing to “closely” coordinate with other federal cyber-related agencies and identify vulnerabilities to the private sector.
Communications industry lobbyists told us they expect President-elect Donald Trump to soon follow his pair of Tuesday night FTC selections (see 2412100073) with a nominee for the FCC seat Chairwoman Jessica Rosenworcel plans to vacate Jan. 20. The lobbyists mentioned Arielle Roth, telecom policy director for Senate Commerce ranking member Ted Cruz, R-Texas, as the apparent front-runner for the nomination, though the Trump team hasn’t yet made a final decision. Trump said Tuesday he’s picking Republican FTC Commissioner Andrew Ferguson as permanent chair of the commission and will nominate Mark Meador, a former antitrust staffer for Senate Antitrust Subcommittee ranking member Mike Lee, R-Utah., to the commission seat that Chair Lina Khan currently holds.
FCC commissioners, as expected, approved unanimously (see 2412090047) an order that expands the parts of the 6 GHz band where new very-low-power (VLP) devices are permitted to operate without coordination. In addition, commissioners Wednesday approved 5-0 an NPRM proposing updates for broadcast radio and TV rules. The open meeting was the penultimate with Chairwoman Jessica Rosenworcel at the helm.
The Rural Wireless Association, EchoStar and Communications Workers of America filed FCC petitions asking that the agency reject T-Mobile’s proposed acquisition of "substantially all” of UScellular’s wireless operations, including some spectrum (see 2405280047). Public interest and consumer groups also opposed approval. The deal is relatively small as telecom mergers go -- valued at about $4.4 billion, including $2 billion in assumed debt -- but has ignited substantial opposition. UScellular is the nation’s fifth-largest wireless carrier.
The FCC is expected to unanimously approve a draft NPRM that would seek comment on several updates and language changes to broadcast rules, industry and agency officials told us.
Many questions remain about how the U.S. Supreme Court will decide FCC v. Consumers’ Research, lawyers involved in the case said Tuesday during an FCBA webinar. The USF case is expected to be heard in the spring. SCOTUS decided last month to hear a challenge to the 5th U.S. Circuit Court of Appeals' 9-7 en banc decision, which found the USF contribution factor is a "misbegotten tax.” Consumers' Research challenged the contribution factor in the 5th Circuit and other courts.
FCC commissioners appear likely to approve, with few changes, a draft order that would expand parts of the 6 GHz band where new very-low-power (VLP) devices are permitted to operate without coordination. One wrinkle, industry officials said, is that Commissioner Nathan Simington appears sympathetic to concerns NAB raised earlier. Commissioners are scheduled to vote on the order at their open meeting Wednesday.
Senate Armed Services Committee ranking member Roger Wicker, R-Miss., and some other congressional leaders are objecting to a compromise version of the FY 2025 National Defense Authorization Act (HR-5009) released Saturday night with language allocating $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2412070001). The leaders’ concerns complicate plans for HR-5009's passage. House leaders are eyeing a vote on the measure this week. Meanwhile, some lawmakers want to attach the AM Radio for Every Vehicle Act (HR-8449) and permanently lift some telehealth restrictions via other end-of-year measures.