The FCC received unanimous support from commenters that have filed so far for an NTIA proposal that calls for using geofencing to allow higher equivalent isotropically radiated power limits for cellular vehicle-to-everything on-board units in the 5.9 GHz band (see 2406100032). Comments were posted on Friday and Monday (docket 19-138).

The U.S. Supreme Court’s June decision in Loper Bright Enterprises v. Raimondo that overruled the Chevron doctrine (see 2407010036) will likely heavily influence discussion during a House Communications Subcommittee hearing Tuesday on the commission’s FY 2025 funding request, congressional aides and lobbyists told us. Chevron gave the FCC and other federal agencies deference in interpreting federal laws. Republican FCC Commissioner Brendan Carr is urging the commission ahead of the House hearing to drop a planned July 18 vote on a draft order and Further NPRM letting schools and libraries use E-rate support for off-premises Wi-Fi hot spots in response to the ruling. The hearing will begin at 10 a.m. in 2123 Rayburn.

The Infrastructure Investment and Jobs Act (IIJA) explicitly requires that the FCC "regulate to achieve equal access to broadband" and "authorizes [the] FCC's disparate-impact rules," a consumer advocacy groups said in a joint filing Friday at the 8th U.S. Circuit Appeals Court (see 2401300089). In addition, the groups argued that the major questions doctrine didn't apply in this case.

Maine and Vermont legislators will reintroduce comprehensive privacy bills next session, lead sponsors told us in interviews. Republican Gov. Phil Scott’s veto of Vermont’s privacy bill hasn’t discouraged supporters from seeking a private right of action (PRA) that Scott and industry opposed, Rep. Monique Priestley (D), the comprehensive measure’s sponsor, said. Meanwhile, in Maine, a veto threat from Gov. Janet Mills (D) means neither party will pursue a PRA in the upcoming session, Sen. Lisa Keim (R) told us. Mills' opposition to a PRA made it a nonstarter this session.

European Commission proposals for addressing the continent's digital infrastructure needs include some worrying aspects and have kept alive the long-running "fair share" dispute, some commenters said. While no plan forces content providers to pay telcos for use of their networks, most U.S. entities that responded to an EU white paper focused on that issue, telecom consultant Innocenzo Genna said in an email. The white paper, which prompted more than 350 responses (available at the link), also unnerved EU telecom and spectrum regulators.

A U.S. District Court decision dismissing an industry challenge of a Maryland digital ad tax Wednesday relied in part on the U.S. Supreme Court’s ruling in Moody v. Netchoice that was issued just two days before the district court opinion was released (see 2407010053). Moreover, the cases involved many of the same parties. Plaintiffs in U.S. Chamber v. Lierman -- including CCIA and Netchoice -- didn’t say whether they would appeal, but previously they appealed two district court holdings in the case. “CCIA remains committed to ensuring that protected speech is not burdened, directly or indirectly, by governmental intrusion,” CCIA Senior Vice President Stephanie Joyce said in an email. “We will hold to that commitment as we evaluate the district court’s decision to dismiss our claim in Lierman that Maryland’s Digital Advertising Gross Revenues Tax Act impermissibly burdens online speech.”

Officials with the 12 GHz for 5G Coalition remain hopeful that FCC action in coming months will allow use of the lower 12 GHz band for fixed-wireless deployments, they said in interviews. In addition, should the FCC act soon, the band could still play a part in some state proposals under the broadband equity, access and deployment (BEAD) program, the officials said. The coalition had hoped for action early in 2024 (see 2312270045).

Community health experts and consumer advocates encouraged increased investment in broadband access and devices that can be used for telehealth during a Broadband Breakfast webinar on Wednesday. In addition, panelists discussed the benefits of community or public investment in broadband as a way of improving health outcomes. They also noted potential steps regulators could consider for protecting patient data.

The Cybersecurity and Infrastructure Security Agency should narrow the scope of its proposed cyber incident reporting rules to ease the regulatory burden on industries already facing a multitude of state and federal mandates, USTelecom, NTCA and Microsoft said in comments that were due Wednesday in docket CISA-2022-0010 (see 2403270070).

California state senators pushed back on two digital equity bills Tuesday. Multiple Communications Committee members during a livestreamed hearing raised concerns about the Assembly-passed AB-2239, which would ban digital discrimination as the FCC defines it. Also, the committee scaled back the Assembly-approved AB-1588, which had proposed to update the California LifeLine subsidy program to support broadband for low-income households. The committee directed the LifeLine bill’s sponsor to find a compromise with industry opponents and other stakeholders over the summer recess that runs from July 3 to Aug. 5.