T-Mobile challenged the FCC's 3-2 April decision (see 2404290044) fining the carrier for allegedly not safeguarding data on customers' real-time locations. The challenge was made at the U.S. Court of Appeals for the D.C. Circuit. Notices of apparent liability were proposed in 2020 against T-Mobile and other carriers under then-Chairman Ajit Pai, a Republican, but the commission’s two current Republicans, Brendan Carr and Nathan Simington, dissented in April. Carr voted for the NAL in 2020, but raised concerns at the time. “The majority held -- for the first time” that customer proprietary network information (CPNI) “encompasses mobile-device location information that is unrelated to voice calls,” T-Mobile said in challenging the order in docket 24-1224. The carrier was fined more than $80 million, plus $12 million for violations by Sprint, which it subsequently acquired (see 2404290044). The order is “unlawful, arbitrary and capricious, an abuse of discretion, and unconstitutional,” T-Mobile told the court. The location information cited “is not CPNI within the meaning of Section 222(h)(1)(A) [of the Telecommunications Act], as the statutory text, context, and Commission precedent make clear,” T-Mobile said: “At a minimum, the Commission failed to provide fair notice of its novel, expansive statutory and regulatory interpretations -- the Order punishes T-Mobile based on legal requirements that the majority adopted for the first time in this proceeding and retroactively applied to T-Mobile’s past conduct.” T-Mobile said it “adopted numerous safeguards to protect the privacy of its customers’ location data, and it acted promptly and decisively to stop rogue actors from misusing location data for unauthorized purposes.” On Monday, Jacob Lewis, FCC associate general counsel, filed to represent the agency in the case. T-Mobile also filed an appeal on behalf of Sprint in docket 24-1224.
The FCC activated the disaster information reporting system for six Texas counties affected by Hurricane Beryl, a public notice said late Monday. The alert encompasses Brazoria, Chambers, Fort Bend, Galveston, Harris and Matagorda counties. In addition, it activated the mandatory disaster response initiative for facilities-based mobile wireless providers in the affected area, which requires companies to allow reasonable roaming and cooperate in service restoration during disasters. Tuesday’s DIRS report shows 28.7% of cell sites down in the affected counties, and 803,501 cable and wireline subscribers without service. No TV stations were reported down, but two FM and two AM stations were listed as out of service. The FCC also issued public notices on priority communications services and emergency contact procedures for licensees that need special temporary authority. The Public Safety Bureau issued a reminder for entities clearing debris and repairing utilities to avoid damaging communications infrastructure. T-Mobile said in a news release Tuesday that it has deployed trucks and trailers equipped with Wi-Fi and device charging, and its emergency response team is at the Texas Department of Emergency Management (TDEM) State Emergency Operations Center in Austin.
Sustaining broadband networks is a “paramount objective” of the Nebraska Universal Service Fund (NUSF) high-cost program, especially with the "influx of federal and state deployment funding," the Nebraska Public Service Commission decided in a Tuesday order. Commissioners voted unanimously Tuesday for two orders on state USF changes (docket NUSF-139) and to consider sanctions against Windstream for three separate 911 outages (docket 911-076).
Multichannel video programming distributors (MVPDs) and independent video programming interests remain miles apart over the FCC's proposed restrictions on carriage agreement terms. In reply comments (docket 24-115) posted Tuesday, MVPDs reiterated their assertions (see 2406100005) that most-favored-nation (MFN) and alternative distribution method (ADM) contract terms ultimately benefit programmers and viewers, while programmers said such terms are smothering their ability to compete.
ISPs told the 6th U.S. Circuit Court of Appeals that the U.S. Supreme Court’s recent decision in two cases overturning the Chevron doctrine means the FCC’s net neutrality order must be stayed pending judicial review (see 2407010036). The FCC said Loper Bright Enterprises v. Raimondo and the other case had no implications for its order, which reclassified broadband as a Title II service under the Communications Act.
House Commerce Committee Republicans launched a probe Tuesday of NTIA’s communications with state-level broadband offices related to the $42.5 billion broadband equity, access and deployment (BEAD) program. Long-standing Republican criticisms of BEAD, meanwhile, became a major issue during a House Communications Subcommittee hearing that morning on the FCC’s FY 2025 budget request (see 2407090049). Lawmakers sparred over the propriety of GOP Commissioner Brendan Carr publicly slamming the program.
Broadcast groups demanded that the FCC acknowledge their industry’s increasing competition with tech companies and loosen regulations. Meanwhile, the Free State Foundation and Public Knowledge seek more spectrum, according to reply comments filed by Monday’s deadline in docket 24-119. The comments will inform the 2024 State of Competition in the Communications Marketplace report to Congress (see 2406070001)
FCC Chairwoman Jessica Rosenworcel showed no willingness Tuesday to abandon a March Further NPRM that would ban bulk billing arrangements between ISPs and multi-dwelling unit owners (see 2403050069) despite bipartisan criticism during a House Communications Subcommittee hearing. She was similarly unmoved by GOP skepticism about a proposal requiring disclosure of AI-generated content in political ads (see 2405220061). During the hearing, Republican Commissioner Brendan Carr called for the FCC to backtrack on both proposals because of the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other rulings (see 2407080039).
The FCC will hold a forum on direct video calling (DVC) and related issues July 30. The session will explore how government agencies can implement DVC, an internet service that allows communication between American sign language users without the need for a translator. The session will begin at 1 p.m. in the Commission Meeting Room at FCC headquarters. The forum "features an overview of relevant Executive Orders regarding accessible Federal customer services ... and exhibits by DVC providers," the FCC said.
Samsung Electronics America representatives met with an aide to FCC Commissioner Geoffrey Starks about the company’s request for a waiver on a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041). “Samsung has no incentive to cause harmful interference to its own devices in any band,” a filing posted Monday in docket 23-93 said. The radio would enable carriers “to deploy mid-band spectrum more efficiently and effectively relative to two standalone radios,” Samsung said.