Schools, Health and Libraries Broadband Coalition Executive Director John Windhausen said Wednesday that the group is holding out hope that it can still head off a Congressional Review Act resolution of disapproval (S.J.Res. 7) to undo the FCC's July 2024 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. Windhausen, who will retire next month, spoke during a SHLB webinar.

FCC Commissioner Anna Gomez’s criticism of potential FCC action on Section 230 of the Communications Decency Act “would be more credible” if she had ever expressed concern or regret about former President Joe Biden’s administration “bullying” social media companies, said Free State Foundation CEO Randolph May in a blog post Tuesday. Any FCC action on 230 “would be done in an open manner and be subject to public scrutiny,” May wrote. “Of course, this is much different than the hidden behind closed door efforts of the Biden administration that took place via private emails and telephone conversations.” The U.S. Supreme Court’s rolling back of Chevron deference also means courts “likely won’t simply defer to the FCC’s views,” he said. “I would find Ms. Gomez['s] professions of alarm regarding her claims of ‘bullying’ more persuasive had she sounded the alarm bells regarding the previous administration's content suppression efforts.”

House Republican Study Committee Chairman August Pfluger of Texas confirmed to us Tuesday that FCC Chairman Brendan Carr will speak at the group’s Wednesday lunch meeting. Lobbyists noted reports that Carr would brief RSC about the commission’s investigation of Audacy’s KCBS San Francisco concerning the station’s broadcasting locations and identifying details of vehicles involved in an undercover Immigration and Customs Enforcement operation in January (see 2502050051).

FCC Chairman Brendan Carr’s warning letters to media companies are “a new and coercive technique” for agency action “without needing to follow the niceties of commission votes and judicial review,” and an agency opinion on tech platform liability would likely follow the same pattern, wrote former FCC Chairman Tom Wheeler in a post Tuesday for the Brookings Institution. Rather than aiming at the deregulation often emphasized by conservatives, Carr is increasing the regulatory reach of the FCC “to attack corporate decisions he and [President] Donald Trump do not like,” Wheeler said. “Acting through coercion rather than regulation appears to be a workaround of the limits placed on agency authority by recent Supreme Court decisions sought by conservatives.” Rather than using agency processes to investigate matters and build a record, Carr is “unilaterally reaching a conclusion” and initiating enforcement proceedings, Wheeler said. “While this may be possible under the agency’s procedures, the result is anything but procedural and transparent.”

Anyone with a transaction before the FCC should "move with all deliberate speed" to identify and end "any invidious forms" of diversity, equity and inclusion discrimination at their company, FCC Chairman Brendan Carr said in a Policyband interview published Monday. Asked about the Department of Government Efficiency auditing the FCC, Carr said the agency is "doing a soup-to-nuts review" of its multimillion-dollar contracts. "I'm confident there is a lot of fat at the FCC that we'll be able to trim." Carr said the FCC is "somewhat differently situated" from some other regulatory agencies -- the Communications Act doesn't include for-cause removal protection of FCC commissioners -- and it's "aligned with the policies" in the executive order directing the FCC and other federal agencies to submit for review all proposed and final regulatory actions to the White House's Office of Information and Regulatory Affairs before they appear in the Federal Register (see 2502180069).

The FCC deactivated the disaster information reporting system and mandatory disaster response initiative for counties in Kentucky affected by flooding, according to a pair of public notices Thursday. “Communications providers do not need to provide any additional reporting in DIRS in connection with this event,” said the DIRS notice. “This deactivation occurs at the request of the Commonwealth of Kentucky and in coordination with the Federal Emergency Management Agency,” said the MDRI notice.

The DOJ will no longer defend removal protections for administrative law judges, said Chad Mizelle, its chief of staff, in a release Thursday. The FCC has one administrative law judge, Jane Halprin. “Unelected and constitutionally unaccountable ALJs have exercised immense power for far too long,” Mizelle said. “In accordance with Supreme Court precedent, the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people.” The FCC has said in court filings (see 2304140058) that if its ALJ were declared unconstitutional, its ability to hold hearings wouldn’t be affected because FCC rules allow commissioners to preside over them. Standard General raised arguments that the FCC ALJ is unconstitutional during the hearing proceeding over its blocked purchase of Tegna in 2023.

A disaster information reporting system update Thursday showed 1,081 cable and wireline subscribers without service in 10 Kentucky counties affected by the recent floods. That’s an improvement over the 8,708 reported down Wednesday. DIRS showed one cellsite down in the affected area, compared with three reported Wednesday. No broadcast stations were listed as out of service. The FCC issued public notices this week on priority communications services, FCC availability and emergency communication procedures for licensees that need special temporary authority. The Public Safety Bureau also issued a reminder for entities clearing debris and repairing utilities to avoid damaging communications infrastructure.

The FCC should “assume a less interventionist regulatory posture by narrowing the exercise of its public interest authority,” said Free State Foundation President Randolph May in a blog post Thursday. He said a narrower definition of “public interest” should apply in merger reviews and administration of the USF. The FCC “should reform the merger review process by announcing a policy that, absent extraordinary circumstances, it will largely defer to the DOJ’s and FTC’s expertise regarding any competitive concerns.” He called for the agency to “refrain from imposing ‘voluntary' conditions on merger proponents that are unrelated to compliance with existing statutory or regulatory requirements.” Narrower definitions are also needed when the FCC periodically reviews regulations to determine if they are still in the public interest, May said. The FCC “should assert that it possesses the discretion to narrow the scope of its public interest determination in the regulatory review proceedings to effectuate their obvious deregulatory intent." When deciding whether to forebear from enforcing unnecessary rules, the FCC should consider itself to have satisfied the public interest if the rule in question isn’t needed to ensure provider practices are just or protect consumers, May said. “Then, the forbearance provision could be used, as Congress intended, to eliminate many of the legacy regulations which remain on the Commission's books.”

Jones Day’s Yaakov Roth, husband of NTIA nominee Arielle Roth, withdrew Thursday as counsel to Maurine and Matthew Molak in their challenge in the 5th Circuit U.S. Court of Appeals of a 2023 FCC declaratory ruling (docket 23-60641) clarifying that Wi-Fi on school buses is an educational purpose eligible for E-rate funding (see 2411040061). Jones Day’s David Suska will still represent the Molaks, Yaakov Roth said in a letter to the 5th Circuit. Some lobbyists wondered whether the NTIA nominee’s Senate Commerce Committee critics would mention Yaakov Roth because of his role in the Molaks’ E-rate challenge and because he argued on behalf of plaintiffs in the U.S. Supreme Court’s review of West Virginia v. EPA, which led the court in 2022 to fully adopt the “major questions” doctrine (see 2502040056).