The FCC will close Dec. 24 as part of the President Joe Biden executive order issued Thursday giving the day off to most federal employees, in addition to the Dec. 25 federal holiday.

Groups challenging a 2023 update of the FCC's electronic equipment authorization and testing rules -- Public.Resource.Org, iFixit and Make Community (see 2403280002) -- lack standing to do so, according to the U.S. Court of Appeals for the D.C. Circuit. In an order filed Thursday (docket 23-1311), a three-judge D.C. Circuit panel dismissed their petition for review, saying their standing isn't readily apparent, and they made no attempt to argue standing in their opening brief. The petitioners argued that the update, which adopted four privately developed standards, didn't include the standards themselves in the Federal Register notice but instead incorporated them by reference. As such, they argued the FCC should redo the rules update because the standards weren't readily and freely available to the public. Deciding were Judges Patricia Millett, Robert Wilkins and Florence Pan.

Sen. Deb Fischer, R-Neb., confirmed to us Wednesday she has changed her mind and now wants Senate Commerce Committee ranking member Ted Cruz, R-Texas, to pick her as Communications Subcommittee chair when he takes over the panel in January. Fischer previously said she wasn’t interested in taking over as lead Communications Republican from current ranking member John Thune, R-S.D. (see 2402290057), who will become Senate majority leader in January. Fischer didn’t explain why she now wants to lead the subcommittee but indicated “we’re working it out” now with Cruz. “Obviously, I’m the senior” Republican on Senate Commerce after Cruz, Thune and Armed Services Committee ranking member Roger Wicker of Mississippi and therefore would traditionally get the Communications gavel because “I’ve asked to have it,” Fischer said. “That’s how it works.” Fischer is senior to Sen. Jerry Moran, R-Kan., whose presence as a fill-in for Thune during a Senate Communications hearing last week provoked discussion conversation about whether he was in line for the subpanel gavel (see 2412170053). A Fischer elevation to Senate Communications chair could put her in conflict with Cruz on some spectrum legislative issues. Fischer, who's also a senior Armed Services member, opposes using a spectrum package to mandate an FCC sale of any portion of the DOD-controlled 3.1-3.45 GHz band (see 2403210063). Cruz favors a lower 3 GHz sale.

Lift the 2022 freeze on our equipment authorization account, or we will seek relief before the U.S. Court of Appeals for the D.C. Circuit, Hikvision told the FCC in an emergency request (docket 21-232) posted Tuesday. The FCC didn't comment. Hikvision said the freeze is causing "irreparable harm" because it can't submit applications for commission certification for any product, and thus can't offer updated products in the U.S. market. Hikvision said the indefinite, overly wide freeze violates the Secure Equipment Act’s directive to the FCC to prohibit authorization of “covered" devices, preventing applications even for non-telecom and non-video-surveillance equipment. Hikvision sued the FCC previously over the 2022 order, with the D.C. Circuit earlier this year rejecting Hikvision's arguments that its video cameras and surveillance equipment shouldn't be on the FCC covered list of unsecured gear, but agreeing that the agency's definition of critical infrastructure is too broad (see 2404020068). In its emergency request, Hikvision said the ban conflicts with the D.C. Circuit's decision, as the court put the onus on the FCC to provide a lawful justification before reimposing a ban. "Instead, the Commission has proceeded as if the D.C. Circuit’s ruling never happened, which violates the Court’s mandate," Hikvision said.

The FCC should examine the validity of Ligado's claim that it has satisfied a requirement in the agency's 2020 Ligado order for availability of compliant mobile satellite service/ancillary terrestrial component (MSS/ATC) devices, aviation, satellite communications and weather information, users say. In a docket 11-109 filing posted Monday, they say they can't find certified dual-mode equipment for purchase or lease in the FCC's equipment authorizations or via internet searches. Parties signing the filing include the Aircraft Owners and Pilots Association, American Meteorological Society, Boat Owners Association of the United States, General Aviation Manufacturers Association, Iridium, Lockheed Martin and National Weather Association. Ligado told the FCC in October that a dual-mode MSS/ATC-capable L-band router that supports satellite and terrestrial connectivity, using Ligado’s MSS/ATC L-band spectrum, was commercially available.

Fred Moorefield, who long oversaw spectrum policy at DOD, was sentenced last week to 18 months in federal prison and six months of home detention after he pleaded guilty to dogfighting charges (see 2409160042). U.S. District Judge Richard Bennett also ordered that Moorefield pay a fine of $21,576. Prosecutors had sought a 30-month sentence. “Federal agents began investigating Moorefield’s connection to dogfighting after officers from Anne Arundel County Animal Control responded to a report of two dead dogs found in a plastic dog food bag in Annapolis, Maryland, in November 2018,” said a news release: “When Moorefield sponsored a dog in a fight, the fight ended only when a dog died or when the owner forfeited the match -- either through the dog ‘quitting’ the fight or the owner ‘picking up’ the dog. If one of Moorefield’s dogs lost a fight, but did not die, Moorefield killed the dog.” The release said Moorefield operated under the name “Geehad Kennels” and had used his home in Arnold “to keep, train, and breed dogs for dogfighting for more than 20 years.” He was affiliated with a dogfighting ring called the “DMV Board.” Moorefield was deputy DOD CIO for command, control and communications before he resigned.

Consumers’ Research and other conservative interests last week urged the FCC to zero out the USF contribution factor. Next year, the U.S. Supreme Court is slated to hear a case that Consumers’ Research brought in the 5th U.S. Circuit Court of Appeals (see 2412100060), which found in a 9-7 en banc decision that the contribution factor is a "misbegotten tax.” Posted Friday in docket 96-45, the filing arrived the day after the FCC Office of Managing Director proposed a contribution factor of 36.3% for Q1 2025 (see 2412120061). The contribution factor “is an unconstitutional tax raised and spent by an unaccountable federal agency -- which in turn has delegated almost all authority over this revenue-raising scheme to a private company registered in Delaware,” the Universal Service Administrative Co. The cost “is ultimately borne by consumers via a separate line item on nearly every phone bill in the country,” the filing said. In its decision, the 5th Circuit found the USAC “sets the USF Tax -- subject only to FCC’s rubber stamp” and the agency lacks "a documented process for checking USAC’s work,” the filing said. Among those endorsing the pleading was Edward Blum, president of Students for Fair Admissions, which last year won a SCOTUS case that effectively ended race-based affirmative action policies in American college admissions, and other respondents listed on Consumers’ Research’s initial SCOTUS brief.

Schools, Health and Libraries Broadband Coalition Executive Director John Windhausen is retiring, saying that "at 66 years old, I believe it is the right time for me to begin winding down professionally." SHLB said it formed a hiring committee and expects it will have Windhausen's replacement by March 3. "John has been the heart and soul of the SHLB Coalition for the past 15 years,” said outgoing board chair Cindy Aden, program chair of the University of Washington's iSchool. “His vision and tireless advocacy have been instrumental in closing the digital divide and ensuring broadband access for schools, libraries, and healthcare providers." A SHLB spokesperson said Windhausen's retirement is effective "around the first week of April."

The FCC’s final order on letter of credit (LOC) rules for providers receiving high-cost USF support saw one major change from the draft version. Commissioners approved the order 5-0, with language added at the request of Commissioner Anna Gomez (see 2412110050), addressing tribal issues. The final version notes that “making wholesale changes to our rules in the middle of an ongoing program would be unnecessary and could create confusion for support recipients,” the same as the draft. But the final version added a sentence: “Given the difficulties some Tribal carriers have collateralizing assets to support a LOC, however, we will consider waiving the relevant LOC requirements on an individual basis consistent with the Commission’s waiver standard, and we do not foreclose examining in future support programs whether Tribal carriers should be permitted to rely on alternatives to LOCs.” The FCC on Friday posted the final version of the LOC changes. It includes a statement by Chairwoman Jessica Rosenworcel. The agency also posted the final version of an order that expands the parts of the 6 GHz band where new very-low-power (VLP) devices are permitted to operate without coordination. That order was also approved 5-0 with no changes of note (see 2412110040). Only Rosenworcel and Commissioner Geoffrey Starks issued written statements. That order was also posted on Friday.

Federal prosecutors allege former Comtech Chairman-CEO Ken Peterman sold or tried to sell tens of thousands of shares of company stock earlier this year based on insider information. DOJ said Wednesday a federal grand jury indicted Peterman on one count each of insider trading, securities fraud and wire fraud. Peterman, 67, of Encintas, California, is charged with making the transactions March 12 upon learning about a forthcoming negative earnings report and that he would lose his job, while neither of those pieces of information was public.