Several changes are likely to be included in the 37 GHz order and Further NPRM set for a commission vote Monday, industry and FCC officials said. Limited changes are possible to the proposed robocall NPRM, which seeks to close a gap in the commission’s Stir/Shaken authentication rules. Both items are expected to be approved by a unanimous vote.
Given ever-accelerating consumer internet usage, particularly via Wi-Fi, policymakers mustn't "get too infatuated with fixed, exclusive wireless spectrum," NCTA President Michael Powell said last week in a video discussion with David Don, Comcast's senior vice president-public policy. There's a far greater need for unlicensed spectrum, he said. A particular challenge is showing regulators that Wi-Fi "is something like a garden you have to continue to fertilize and grow," especially since the average of 17 devices on home Wi-Fi networks will multiply in five to 10 years. Powell said DOD uses most of the high-quality spectrum that interests commercial markets and thus can't be repurposed solely for commercial use. Dynamic spectrum-sharing technology is the obvious route to avoid repeated fights between DOD and the commercial sector, he added.
The U.S. Chamber of Commerce told the FCC it hopes the agency is aggressive in cutting regulations, starting with broadband labels, in reply comments Friday in the “Delete, Delete, Delete” docket (25-133). In initial comments, “the Chamber offered forty-two areas of regulatory reforms that broadly would modernize media and video regulations, ensure fairness and due process in enforcement, connect all Americans, rein in abuse of the Telephone Consumer Protection Act, reform the equipment authorization process, and unleash the space economy,” the filing said (see 2504150016). The record shows “significant support for these areas of reform.”
If federal regulatory agencies implement the White House's April 9 presidential memo direction and repeal regulations without obtaining public input (see 2504100067), "litigation is virtually assured," Pillsbury lawyers Reza Zarghamee, Amanda Halter and Jillian Marullo wrote Wednesday. They said the directive relies on the Administrative Procedure Act's "good cause" exception to obtaining public input. Litigation challenging the memo and any deregulation stemming from it might not proceed uniformly, since there's a lack of consensus among federal courts on how to evaluate good-cause claims, they said. The divergence among various federal circuit courts raises the risk of inconsistent outcomes, they added. If multiple challenges are filed to the same regulatory appeal in multiple circuits, the Judicial Panel on Multidistrict Litigation may consolidate them, and it could assign the matter to the U.S. Court of Appeals for the D.C. Circuit, where de novo review would apply.
Digital Progress Institute President Joel Thayer said Tuesday he has decided against joining the office of FTC Commissioner Mark Meador as chief of staff (see 2504160020). “After giving it deep thought, engaging in conversations with the Commissioner, and, most importantly, consulting with my family, I have decided to remain as president” of the institute, Thayer said on LinkedIn. “Even though I will not be in the office, I will continue to support his and the Trump Administration's agenda to rein in #BigTech, promote issues that help American families, and advance a true free market.”
FCC Commissioner Anna Gomez will hold a series of speaking engagements and listening sessions on First Amendment protections and “fighting back against this Administration’s ongoing campaign of censorship and control,” she said in a news release Tuesday. The first event will be a virtual panel discussion at 2 p.m. ET Thursday. It will be hosted by the Center for Democracy & Technology and include speakers from Engine, Columbia University’s Knight First Amendment Institute, and the University of Maryland. “These events will provide a forum where Commissioner Gomez can engage with stakeholders and the public on the various ways the FCC is being weaponized to attack freedom of speech in the media and telecommunications sector,” the release said. “Since the founding of our country, the First Amendment has protected our fundamental right to speak freely and hold power to account. Today, the greatest threat to that freedom is coming from our own government,” Gomez said in the release. The FCC didn’t comment.
The 5th U.S. Circuit Court of Appeals' decision calling a $57 million FCC fine against AT&T unconstitutional (see 2504180021) means a lower risk going forward of the agency imposing fines and forfeitures against parties found violating agency rules, Venable communications lawyer Craig Gilley wrote Tuesday. He said agency Chairman Brendan Carr and Commissioner Nathan Simington were already skeptical of enforcement actions that could result in the imposition of forfeitures. Gilley said the 5th Circuit decision also will further bolster arguments that the U.S. Supreme Court's Jarkesy decision has wide application to all agency monetary punishments imposed without a jury trial, not just those imposed by the SEC -- a party in Jarkesy --- or the FCC. The 5th Circuit decision reinforces that federal agencies imposing fines or other monetary penalties have to give their targets access to a jury trial and an Article III decision-maker, such as a judge, he said.
NTIA has given all states and territories 90 additional days to submit their final BEAD proposals, the Colorado Broadband Office said Tuesday. NTIA originally set a 12-month deadline for submitting final proposals, with the clock starting after the initial proposal is approved. In its waiver announcement, the Commerce Department said the additional time is "to implement the forthcoming programmatic improvements" to BEAD. West Virginia and Maine have both paused their BEAD processes in anticipation of program changes that are expected from NTIA and Commerce (see 2504180003).
The FCC International Bureau on Monday sought comment on various proposals for U.S. positions approved by the commission’s World Radiocommunication Conference Advisory Committee last week (see 2504150032). The bureau also sought comment on an NTIA recommendation on agenda item 1.8, another topic at the meeting, addressing additional spectrum allocations to the radiolocation service. Comments, which are due April 30 in docket 24-30, “will assist the Commission in its upcoming consultations with the U.S. Department of State and NTIA in the development of U.S. positions" for the next WRC in 2027.
The American Federation of Government Employees condemned reported White House plans to revive Schedule F reclassification of civil servants. President Trump’s administration is planning to resurrect Schedule F under a new name, Schedule Policy/Career, Axios reported Friday. The rule change would strip numerous federal employees from civil service protections against termination, making them easier to fire at will. “President Trump’s action to politicize the work of tens of thousands of career federal employees will erode the government’s merit-based hiring system and undermine the professional civil service that Americans rely on,” said AFGE National President Everett Kelley in a release. “This is another in a series of deliberate moves by this administration to corrupt the federal government and replace qualified public servants with political cronies.”