Senate Parliamentarian Elizabeth MacDonough on Saturday cleared a revised version of Commerce Committee Republicans’ budget reconciliation proposal for a freeze on enforcing state-level AI rules in a way that backers claim doesn't directly threaten funding from NTIA’s $42.5 billion BEAD program (see 2506060029). However, Senate Democratic aides told us they believe it would still put all states’ BEAD allocations at risk. The measure is an apparent alternative to language in the House-passed One Big Beautiful Bill Act (HR-1) that would impose a 10-year federal preemption of such laws (see 2505220064).
Telephone Consumer Protection Act and marketing lawyers see Friday's U.S. Supreme Court decision on the deference that lower courts are to give the FCC over telemarketing issues (see 2506200053) as potentially resetting decades of TCPA precedence by the agency.
Expect more litigation from content companies targeting generative AI platforms over their use of images and video, both as inputs and outputs, copyright and intellectual property experts told us. Earlier this month, Disney and Universal sued AI platform Midjourney, alleging that the company uses the studios' intellectual property in its training data and the images that its platform produces (see 2506110043).
The FCC Media Bureau’s move to seek comment on relaxing national broadcast ownership limits just a day after the confirmation of incoming Commissioner Olivia Trusty is an indication that the agency will act quickly to enact Chairman Brendan Carr’s agenda now that he has a majority, industry officials told us. That agenda likely “picks up some pace” in the next couple of months as Carr can move on items he couldn’t advance with a 2-2 FCC, said former Commissioner Mike O’Rielly. The FCC is likely to swear in Trusty as a commissioner on Monday or Tuesday, a former Republican FCC aide told us.
The U.S. Supreme Court handed down a ruling Friday that likely means less certainty for FCC actions and those of other federal agencies under the Hobbs Act. The decision comes a year after SCOTUS overruled the Chevron doctrine, which had required courts to give deference to agency decisions, in the Loper Bright case (see 2406280043). The latest from the court was Friday's 6-3 decision in McLaughlin Chiropractic Associates v. McKesson, a much-watched case on the Telephone Consumer Protection Act (see 2506200011).
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The implications of a recent U.S. Supreme Court decision requiring judicial deference to agency environmental reviews of infrastructure projects remain unclear, experts said Wednesday, weeks after the ruling in Seven County Infrastructure Coalition v. Eagle County, Colorado. While the decision was unanimous, it had many twists and turns that make it difficult to know what its effect will be, panelists said during a Washington Legal Foundation webinar.
The World Radiocommunication Conference in 2027 appears increasingly likely to be held in Shanghai, WRC watchers told us. The ITU Council is meeting this week in Geneva, where a decision will be made on the location and timing of the next WRC. China has made a strong bid to serve as host (see 2505090039), which could complicate U.S. participation. The only other country to offer to host the WRC is Rwanda.
Republican Olivia Trusty’s confirmation Wednesday to a full five-year FCC term cements an incoming GOP majority at the commission, but there's still substantial uncertainty about whether President Donald Trump will pick nominees to succeed ex-Commissioners Nathan Simington and Geoffrey Starks, former officials and other observers told us. The Senate voted 53-45 Wednesday to confirm Trusty, as expected (see 2506170072). Senators also cleared her Tuesday to finish former Democratic Chairwoman Jessica Rosenworcel's term, which ends June 30.
Wireless carriers and industry groups warned the California Public Utilities Commission (CPUC) against expanding its nearly 30-year-old carrier of last resort (COLR) rules to cover broadband, citing legal and technical limitations, in comments filed Friday (docket R.24-06-012). The filings came in response to an administrative law judge’s request for comment on two April workshops about proposed changes and the current landscape. While AT&T and others pushed to eliminate COLR obligations in areas with competition, consumer advocates argued that the rules remain essential to ensure universal access to basic voice service as the CPUC weighs changes.