The 4th U.S. Circuit Court of Appeals returned a U.S. Chamber of Commerce challenge of Maryland’s digital ad tax to a state district court. In an opinion Wednesday (case 22-2275), the appeals court agreed with the U.S. District Court in Baltimore (case 21-cv-00410) that the Tax Injunction Act (TIA) prevents federal courts from reviewing the tax. However, it disagreed that a decision on the constitutionality of a related pass-through ban was moot.

Consumers' Research asked the U.S. Supreme Court to grant its cert petition challenging the FCC's method for determining the USF quarterly contribution factor, saying the case presents "an excellent vehicle for addressing the contours of nondelegation whose abuses highlight the dangers of delegated and politically unaccountable power." Docketed Friday (docket 23-743), the petition asked the court to review a Dec. 14 decision by the 11th U.S. Circuit Court of Appeals upholding the Q4 2022 contribution factor (see 2312140058). Responses to the new petition are due Feb. 8.

Radio broadcaster Audacy’s bankruptcy restructuring won't signal a huge shift for radio but could discourage outside investment in the medium, industry analysts and media brokers said in interviews this week. Audacy’s bankruptcy is expected to proceed much like those of Cumulus and iHeartMedia, they added. “The industry has been through this before,” Tideline Partners media broker Gregory Guy said. Audacy has 230 radio stations in 46 markets and is the country’s second-largest radio group.

A Thursday House Communications Subcommittee hearing on communications infrastructure cybersecurity issues is expected to include the FCC’s Secure and Trusted Communications Networks Reimbursement Program and the thus far unsuccessful push to allocate another $3.08 billion to fully pay back participants (see 2311070050). However, just one of four scheduled witnesses mentions the matter in written testimony. Other items the House Commerce Committee identifies in a memo ahead of the hearing include the FCC’s NPRM seeking to establish a schools and libraries cybersecurity pilot program, the commission’s voluntary Cyber Trust Mark cybersecurity labeling effort for smart devices (see 2308100032) and concerns about Chinese telecom equipment manufacturers’ potential threat to U.S. IoT devices. The hearing is scheduled to begin at 10 a.m. in 2123 Rayburn.

NTIA posted comments it received last week on the implementation plan for the national spectrum strategy (see 2401030059). Among noteworthy comments, public safety groups pressed the administration to also consider public safety spectrum. Utilities sought additional spectrum for their networks. T-Mobile and Verizon urged a focus on high-power licensed spectrum.

FCC Commissioner Anna Gomez warned at the CES in Las Vegas that the U.S. could fall behind other nations unless the agency once again has authority to conduct spectrum auctions. The remarks were her first at a CES as an FCC member. Meanwhile, Commissioner Brendan Carr, also at the show, said the FCC is moving backward on spectrum. Carr slammed the administration’s national spectrum strategy for not opening any new spectrum (see 2401100032), which he called “a bit of a miss.” CTA officials said Carr and Gomez toured the CES show floor together Wednesday.

More funding is "urgently needed" to maintain the FCC's affordable connectivity program, Chairwoman Jessica Rosenworcel told lawmakers in a letter Monday. Reps. Yvette Clarke, D-N.Y., and Brian Fitzpatrick, R-Pa., plan to introduce legislation Wednesday that would provide ACP with stopgap funding, though Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), communications policy-focused lobbyists told us.

CTA is fighting the same policy battles today it has been fighting for years, CTA President Gary Shapiro said at the start of CES in Las Vegas Tuesday. Every company “can be, or perhaps should be, a tech company,” he said. “We’re urging policymakers in Washington, and around the globe, to adopt rules and laws that protect consumers but also promote innovation and growth,” Shapiro said. “That means developing lighter touch rules” supporting existing businesses and those seeking market entry, Shapiro said.

Sen. Josh Hawley, R-Mo., told us Tuesday he remains opposed to confirmation of FTC nominee Andrew Ferguson and is awaiting outreach from Ferguson and Senate Minority Leader Mitch McConnell, R-Ky. In interviews Tuesday Republicans offered varying opinions about Hawley’s dispute with McConnell (see 2312200052).

Numerous satellite operators welcomed the idea of expanding the range of minor satellite and earth station modifications that can be done without having to first notify the FCC. But support was far more mixed in docket 22-411 filings posted Tuesday when it came to use of deadlines on FCC decisions regarding applications. Commissioners in September by a 4-0 vote adopted a Further NPRM regarding streamlining of satellite and earth station applications (see 2309210055). Reply comments in the docket are due Feb. 6.