FCC Chairman Brendan Carr’s announced plan to forgo notice-and-comment procedures when rescinding rules could run afoul of administrative law, some experts said. Carr said the agency may look to the Administrative Procedure Act's (APA) good-cause exception to notice-and-comment requirements in its efforts to remove no-longer-enforced rules (see 2505160064). An April White House memorandum said notice and comment aren't required when eliminating rules that it contends run counter to recent U.S. Supreme Court decisions like Loper Bright. FCC Chief of Staff Scott Delacourt said the commission might employ declaratory rulings as a way of eliminating what Carr determines are invalid rules.

A few tweaks are likely for the “bad labs” order and Further NPRM set for a vote at Thursday's FCC meeting, industry officials active in the proceeding told us. The item is expected to receive unanimous approval. It would prohibit FCC recognition of a telecommunications certification body, lab or lab accreditation body owned by a company on the agency’s covered list and other government rosters of unsecure companies (see 2505010037).

FCC Chairman Brendan Carr is defending cuts to the agency’s workforce and other actions in written testimony ahead of the House Appropriations Financial Services Subcommittee’s planned Wednesday hearing on commission oversight. Carr also urges Congress again to restore the FCC’s lapsed auction authority, as House GOP leaders aimed to pass, as soon as Wednesday night, their One Big Beautiful Bill Act budget reconciliation package with spectrum language included. The House Appropriations Financial Services hearing will begin at 10 a.m. in 2358-A Rayburn.

The FCC received pushback to proposals in a January NPRM seeking comment on a voluntary, negotiation-based process to transition 10 MHz in the 900 MHz band to broadband. However, other commenters, led by utilities, urged the FCC to move forward. In 2020, the FCC approved use of 6 GHz of the band for broadband while retaining 4 MHz for narrowband operations (see 2005130057). Comments were due Friday and mostly posted Monday in docket 24-99.

The FCC received additional backing for proposals to change commission rules for the 24.45-24.65 GHz band that would provide more spectrum for drones. Support was evident in reply comments on a January NPRM (see 2504160017). The NPRM also sought comment on opening the 450 MHz band “to aeronautical command and control operations” and modernizing “legacy power rules” for aviation air-ground systems in the 849-851 and 894-896 MHz bands.

Requiring most broadcasters to gather and report equal employment opportunity data on workforce diversity is outside the FCC's legal authority, the 5th U.S. Circuit Court of Appeals ruled Monday. The Texas Association of Broadcasters, National Religious Broadcasters and American Family Association challenged the FCC's 2024 EEO order (see 2405130041). The FCC has broad authority to act in the public interest but "cannot invoke public interest to expand the scope of its authority to act in ways Congress has not authorized it to act," Judges Jennifer Walker Elrod, Edith Jones and Carl Stewart said in a 19-page decision (docket 24-18) written by Elrod.

HERSHEY, Pennsylvania -- FCC officials speaking Saturday at the FCBA's annual seminar expressed confidence that the agency will regain spectrum auction authority. Chief of Staff Scott Delacourt said the commission expects at least one auction, AWS-3, within the next year and is taking steps to ensure it can support that auction, such as preparing necessary IT, he said. Commissioner Nathan Simington said Congress sees midband spectrum as a priority, so a significant auction should be teed up by year-end.

Attorneys general from nine states on Friday opposed CTIA’s request for a rulemaking to update regulations implementing the National Environmental Policy Act (NEPA). The proposal faces extensive opposition (see 2505010019), but CTIA said it found broad support for moving forward. FCC Chairman Brendan Carr has promised to focus on streamlining regulation and cutting red tape (see 2503030040). Reply comments were posted Friday in RM-12003.

HERSHEY, Pennsylvania -- As the FCC eliminates regulations, it will likely employ the good-cause exception to notice-and-comment rulemaking to do so quickly, FCC Chairman Brendan Carr said Friday.

The FCC on Friday announced commission approval of Verizon’s $20 billion acquisition of Frontier, in an action by the Wireline Bureau (see 2505160024). The approval came immediately after Verizon filed a letter at the FCC agreeing to get rid of diversity, equity and inclusion programs, a recurring focus of President Donald Trump. DEI defenders criticized the order. Industry officials told us one reason FCC Chairman Brendan Carr probably didn’t seek a commissioner vote was because of the DEI provisions and concerns about opposition from the two Democratic commissioners.