The FCC missed an opportunity by ignoring broader market competition in its most recent biannual Communications Marketplace Report, wrote Seth Cooper, Free State Foundation director-policy studies, on Friday. The report was approved 3-2, over dissents by now-Chairman Brendan Carr and Commissioner Nathan Simington. As he has in the past, Carr objected to the focus on market segments rather than on the converged market (see 2501020033). “The Commission failed to fulfill its statutory duty to consider the effect of competition between services that use different broadband delivery technologies,” and “the 2024 report made zero advancements in analyzing cross-platform competitive effects,” Cooper wrote. “Under new leadership, the FCC should abandon viewing alternative broadband delivery technologies as entirely separate and recognize there is a broader broadband market characterized by competition among fixed and mobile broadband services.”

FCC Chairman Brendan Carr announced acting leadership for a number of bureau offices Friday but not for the offices of Workplace Diversity or Communications Business Opportunities. An executive order that President Donald Trump issued Monday that ends federal diversity, equity and inclusion efforts could affect those offices and their staff, industry and FCC officials told us. Neither office was mentioned in Carr’s release Monday announcing the shuttering of other FCC diversity efforts (see 2501210070). The FCC didn’t respond to repeated inquiries about those offices' fate. Office of Workplace Diversity staff were present at an all-hands meeting that Carr held Thursday, FCC employees told us.

New FCC Chairman Brendan Carr has pulled all items on circulation for a vote by commissioners. “There are no Items on Circulation,” said a single line on the agency’s list, which was dated Friday. Among the items pulled was an NPRM that was seen as a preliminary step to an AWS-3 auction. It was not expected to be controversial (see 2501060044).

The 11th Circuit Court of Appeals ruled Friday that the FCC overstepped its statutory boundaries in part of its implementation of the Telephone Consumer Protection Act and vacated part of the agency's 2023 robocall and robotext order. In a 23-page decision (docket 24-10277), Judges Elizabeth Branch, Robert Luck and Barbara Lagoa sided with petitioner Insurance Marketing Coalition and said the 2023 order sets rules that conflict with the ordinary statutory meaning of the TCPA's "prior express consent" language. The 11th Circuit judges expressed skepticism in oral argument last month regarding the one-to-one robotext consent policy in the order (see 2412180008). The 11th Circuit vacated the portion of the order that states that a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit also remanded the order back to the FCC for further proceedings. The decision was penned by Branch.

President Donald Trump renewed the President’s Council of Advisors on Science and Technology on Thursday to “provide advice and evidence-based recommendations to the President to ensure that policies are informed by the latest scientific discoveries and technological advancements,” the White House said. The council will “champion bold investments in innovation, the elimination of bureaucratic barriers, and actions to help the United States remain the world’s premier hub for scientific and technological breakthroughs.” Trump’s executive order reestablishing PCAST would give the advisory council up to 24 members and sets as its co-chairs the White House AI and "cryptocurrency czar," a role previously given to David Sacks, and the assistant to the president for science and technology. Other PCAST members should be “distinguished individuals and representatives from sectors outside of the Federal Government appointed by the President,” the EO said. “These non-Federal members shall have diverse perspectives and expertise in science, technology, education, and innovation.” The White House said Trump’s first administration “accelerated research and collaboration,” including via “spectrum auctions to unlock valuable frequencies for 5G and innovation.”

Ookla on Thursday released its connectivity report for the second half of last year, with T-Mobile and AT&T Fiber emerging as the big winners. “T-Mobile was the fastest mobile provider in the United States during 2H 2024, across all technologies combined, and also specifically for 5G,” Ookla said. The carrier saw a median 5G download speed of 281.52 Mbps and upload speed of 13.39 Mbps. T-Mobile also offered the best gaming experience, the report said. AT&T Fiber was the fastest ISP in the U.S. during the period, with a median download speed of 357.45 Mbps and a median upload speed of 286.93 Mbps, the report said. Among the most populous U.S. cities, it said, "Pittsburgh recorded the fastest median mobile download speed of 302.96 Mbps, while Raleigh outpaced the other cities to record the fastest median fixed download speed, with 329.82 Mbps.”

The FCC is revising its Freedom of Information Act fees to reflect increases to federal employee pay enacted by Congress and the White House, said a public notice Thursday. The agency made a corresponding increase in 2023 (see 2302060054). “The Commission bases its FOIA Fee Schedule on the grade level of the employee who processes the request,” the PN said. “The Commission’s rules provide that the Fee Schedule will be modified periodically to correspond with modifications in the rate of pay approved by Congress.” The FOIA fee changes are effective as of the PN’s release.

Commissioner Geoffrey Starks will hold an off-the-record panel of Black former FCC chairs Feb. 10, in honor of Black History Month, said a public notice Wednesday. Former Chairmen William Kennard and Michael Powell and former Commissioner Mignon Clyburn, who served as acting chairwoman in 2013, will participate. The event is in-person only.

Cheryl Leanza is the co-chair of the Leadership Conference on Civil and Human Rights Task Force on Media and Telecom (see 2501210070).

The Donald Trump administration’s decision to remove all members of the Cyber Safety Review Board (CSRB) raises questions for the wireless industry, since the board was developing a report on the Salt Typhoon cyberattacks (see 2412050044), industry experts said. China's Ministry of State Security reportedly launched the attacks. The dismissal came as acting Department of Homeland Security Secretary Benjamine Huffman removed all members of departmental advisory boards as the administration cleaned house. “This is a case of out with the old, in with the new,” Daniel Castro, vice president of the Information Technology and Innovation Foundation, told us. “Terminating the CSRB is a way ... Trump's team" can remove "any potential [Joe] Biden holdovers” and seems like “part of a broader reset of advisory committees for the new administration.” Castro predicted that federal law enforcement will pursue an investigation into Salt Typhoon and work with the private sector on it, “but CSRB won't be the lead vehicle for this activity in the short term.” The CSRB was created as part of a Biden executive order aimed at strengthening U.S. cybersecurity. CSRB is part of DHS, and the department’s “leadership, and its actions came under heavy criticism by then-candidate Trump and the GOP,” John Strand of Strand Consult said in an email. “There are legitimate issues of how to handle Salt Typhoon,” he said. “That Salt Typhoon even happened is a wake-up call, and it demands a top-to-bottom review of security and likely a reboot of the national cybersecurity establishment, which is falling short of expectations.” “Disappointing that the CSRB was disbanded, especially given their work looking into salt typhoon,” Daniel Cuthbert, a London-based cybersecurity expert, said on X. “That report would have been vitally important for not just the US but many others.”