New Street’s Blair Levin warned Monday that the FCC may block transactions beyond Verizon's proposed buy of Frontier based on whether the companies get rid of diversity, equity and inclusion policies (see 2503210049). Levin specifically mentioned T-Mobile’s proposed purchase of wireless assets from UScellular (see 2405280047) and other deals.
The FCC’s new Council for National Security launched its first “major initiative” last week, sending letters to companies on the FCC’s “covered list,” including Chinese players Huawei and ZTE. The agency sent letters to all companies on the list with ties to the Chinese Communist Party (CCP) and at least one subpoena, said a news release. It didn't mention Russia’s Kaspersky, on the list since March 2022 (see 2203250067). The FCC didn’t comment on the omission Friday.
The 6th U.S. Circuit Court of Appeals issued a mandate Thursday closing the fight over the court’s decision against the FCC’s 2024 net neutrality order and transmitting its decision to the FCC. The mandate wasn’t a surprise. The 6th Circuit recently rejected a public interest group petition for en banc review of the decision (see 2503110050).
FCC Chairman Brendan Carr’s letter to Google over faith-based programming (see 2503070052) goes against the intent of his “In Re: Delete, Delete, Delete” proceeding and appears to be more of a political gesture than an indication of FCC action, said retired telecom attorney Jonathan Nuechterlein in a blog post Thursday for the Technology Policy Institute.
The U.S. Court of Appeals for the D.C. Circuit on Wednesday turned down requests to stay parts of the FCC’s October order on the 4.9 GHz band. The Bay Area Rapid Transit District, the National Sheriffs' Association and the California State Sheriffs' Association asked for a stay (see 2503070024). But an order by a three-judge panel denied the motions, saying: “Movants have not satisfied the stringent requirements for a stay pending court review.”
Geoffrey Starks became an FCC Commissioner in 2019 (see 2503180009).
The departure of Commissioner Geoffrey Starks from the FCC (see 2503180067) probably won’t have a major effect on companies that the FCC regulates, New Street’s Blair Levin said in a research note Tuesday. FCC Chairman Brendan Carr doesn’t “need a majority to do what he wants to do,” Levin said. “Partly this is due to defining the job differently than past chairs, emphasizing the power of the bully pulpit to cause Congress and others to act more than relying on formal FCC decisions,” he said: “Given his agenda, the bureaus can, under his direction, do many of the things he wants without a full Commission vote.”
The Equal Employment Opportunity Commission has sent letters to 20 law firms -- including Cooley, Perkins Coie and Hogan Lovells -- about their diversity policies, said an EEOC release Monday. The letters from EEOC acting Chair Andrea Lucas point to diversity, equity and inclusion efforts mentioned on the firms' websites and public releases, accusing them of discrimination. The White House previously targeted Perkins Coie and Covington & Burling in an executive order and memo (see 2503120049). “It appears likely that Cooley disparately provides access to certain privileges of employment (training and leadership development) based on its employees’ race or other protected characteristics,” says the EEOC letter to Cooley.
Having states redo their BEAD programs in light of Commerce moving away from a fiber-centric approach (see 2503050067) could cause delays of "a year plus," community broadband nonprofit Connect Humanity blogged last week. Easing use of alternative technologies like satellite broadband is "like replacing a bridge with a ferry service -- cheaper in the short term, but less effective and far more costly over the long haul," it said. A fiber focus doesn't preclude the use of other technologies, but BEAD funding "should continue to prioritize fiber as the most effective, durable infrastructure to connect America."
The argument that the FTC can't adopt rules affecting more than one industry -- such as the agency's "click to cancel" rule -- is contrary to statutory text, case law and decades of practice, the FTC told the 8th U.S. Circuit Court of Appeals in a brief Monday (docket 24-3137). NCTA is among the parties challenging the "click to cancel" rule (see 2411220029). In its response brief, the FTC said the statute authorizing its rulemaking includes no multiple-industry restriction, and it has a long history of cross-industry rulemaking. The FTC said click to cancel doesn't bar "negative option" programs where buyers are charged on a recurring basis unless they take steps to cancel. Instead, it adopts measures that prohibit material misrepresentations and requires disclosure of information such as how much and when a consumer will be charged.