The U.S. Supreme Court’s decision to grant certiorari earlier this month in a case from the 9th U.S. Circuit Court of Appeals, McLaughlin Chiropractic Associates v. McKesson, could have implications beyond the FCC’s legal interpretation of the Telephone Consumer Protection Act, legal experts told us. SCOTUS began its current term Oct. 7.
A U.S. District Court judge issued an emergency temporary restraining order Thursday that blocks Florida Surgeon General John Ladapo from acting against local TV stations that run an ad supporting abortion rights. “To keep it simple for the State of Florida: it’s the First Amendment, stupid,” said the order from Mark Walker, chief judge for the North District of Florida. The order said the state's Department of Health may take no further action to “coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties” for running a campaign ad that advocates protecting abortion rights.
FCC Chairwoman Jessica Rosenworcel announces new Office of Native Affairs officials: Kraynal Alfred, ex-Democratic National Committee, as tribal policy adviser, and Jack Jackson, ex-Department of Labor, as tribal policy engagement specialist … Dennis Miller retiring as network president, CW Network, effective Oct. 31, remaining as adviser through the end of year.
ESPN faces a proposed $146,976 fine for using emergency alert system tones in a promo spot that ran repeatedly in October 2023 touting the start of the 2023-2024 National Basketball Association season, an FCC Enforcement Bureau notice of apparent liability said Thursday. FCC Commissioner Nathan Simington, who has said he would dissent from monetary forfeitures until the agency examines the boundaries of its enforcement authority (see 2409060054), dissented. ESPN didn't comment.
Representatives of the New York Metropolitan Transportation Authority (MTA) met with an aide to FCC Commissioner Geoffrey Starks on how rules changes for the 4.9 GHz band could alter construction of its communications based train control (CBTC) modernization project, which uses the spectrum. “MTA urged the Commission to ensure that the rules it adopts allow MTA to continue its CBTC deployment,” said a filing posted Thursday in docket 07-100. MTA asked whether it would be able to retain its existing geographic area license and authorization for sites currently operated under its license. “Bearing in mind that construction … may extend for decades, and the need for upgrades/changes to sites will be ongoing, will MTA retain authority for an indefinite time period to construct new sites and modify existing sites within the boundaries of its current license?” MTA asked. Meanwhile, the New Jersey Deputy Fire Chiefs Association supported giving the FirstNet Authority control of the band. “We strongly believe that this spectrum should remain dedicated solely to public safety, and we are opposed to any plans to share it with commercial users or to disperse its management to individual states,” the group said: “The most logical and efficient path forward is to place the 4.9 GHz spectrum under the stewardship of the FirstNet Authority.”
The Leech Lake Band of Ojibwe urged the FCC to increase the budget in Phase I of the 5G Fund, with a tribal set-aside, in a filing posted Thursday in docket 20-32. Commissioners approved a $9 billion fund in August on a 4-1 vote, with Commissioner Brendan Carr dissenting (see 2408290022). The Minnesota tribe also stressed tribal engagement. “Early engagement and inclusion is critical to reach 100% of … citizens residing in the Tribal lands,” the filing said.
The Intelligent Transportation Society of America met with aides to all the FCC commissioners, except Chairwoman Jessica Rosenworcel, asking that the commission finalize rules for cellular vehicle-to-everything use of the 5.9 GHz band. Rosenworcel circulated an order in July. It is still before commissioners (see 2407170042). “ITS America noted that waivers cannot facilitate scaled deployment and reiterated its support for the timely adoption and release of the Second Report and Order in this proceeding,” said a filing posted Thursday in docket 19-138.
Texas expects to soon get NTIA approval of its initial plan for the broadband equity, access and deployment (BEAD) program, but first it must submit another revision of volume 2, said Texas Broadband Development Office (BDO) Director Greg Conte. NTIA approved plans for Alabama and Florida on Thursday, leaving Texas as the lone state or territory without NTIA approval to access its funding. Administrator Alan Davidson said on a Politico podcast Thursday he’s optimistic NTIA will be able to approve Texas’ plan “in the coming weeks.” He also chalked up Republicans’ recent criticisms of BEAD as a symptom of election-year politics.
In talks with corporate governance lawyers, FCC Commissioner Nathan Simington has begun promoting how the FCC's cyber-trust mark could help reduce operations costs, making suppliers from trusted nations more competitive against Chinese suppliers. In an extensive interview with Communications Daily last month, Simington also discussed "smart and targeted" reforms of linear video distribution regulation (see 2409120059), his new practice of dissenting from monetary forfeitures (see 2409060054) and how he sees U.S. industrial policy in the context of China (see 2408200041). In addition, he touched on incentivizing commercial orbital debris removal. The following transcript was edited for length and clarity.
The FCC violated the Communications Act by not rolling back broadcast ownership rules in the 2018 quadrennial review (QR) order, ignoring the increased competition broadcasters face, said petitioners Zimmer Radio, Nexstar, NAB, Beasley Media and Tri-State Communications in a reply brief filed in docket 24-1480. It was filed in the 8th U.S. Circuit Court of Appeals Tuesday. In addition, all four network affiliate groups and a host of radio companies filed intervenor briefs against the FCC. The Communications Act's provision requiring QRs -- Section 202(h) -- isn't a “check-the-box exercise,” said the petitioner’s brief. “Congress intended it to operate as a mechanism of continuing deregulation,” and the plain text instructs that the FCC “demonstrate affirmatively that its rules remain necessary in light of competition” or “modify or repeal them entirely.”