Securus urged the FCC to let providers of incarcerated people's communications services (IPCS) recover the cost of safety and security features. In a meeting with an aide to Commissioner Brendan Carr (see 2307130070), the IPCS provider said that including such features as recoverable costs is "a long-standing precedent in the commission's IPCS rulemaking." Ending recoverable costs, Securus warned, has the potential of affecting budgets and practices at correctional agencies, according to an ex parte filing Tuesday in docket 23-62. In addition, it said shifting costs will "put further strain on the budgets for providing services to incarcerated people" and cause providers to "compete for scarcer funding."
CTIA, the Ohio Telecom Association, USTelecom, NCTA, the Wireless ISP Association and other ISP groups asked the 6th U.S. Circuit Appeals Court to stay the FCC’s net neutrality order (see 2406100044). The FCC wants to move the case to the D.C. Circuit and has declined to stay the order, which takes effect July 22. The agency “has asserted total authority over how Americans access the Internet,” according to a joint motion filed Monday (docket 24-3450). “That is not hyperbole,” the groups said. The order “is only the latest jolt in a decade of regulatory whiplash for ISPs,” the associations said. After nearly 20 years of a light-touch approach to regulating the internet, in 2015 the FCC asserted for the first time authority over high-speed internet access service under Title II of the Communications Act, the filing said: Before the U.S. Supreme Court “could weigh in, a new Administration reverted to the traditional light-touch approach. Now, after another change in Administration, the Commission is back to a heavy hand, promising to make even more aggressive use of its claimed powers.” The court should stay “the latest flip-flop pending judicial review” since “petitioners are overwhelmingly likely to succeed on the merits,” the ISPs said. They argue that the order should be rejected under the Supreme Court’s evolving major questions doctrine. “Because the Commission cannot point to clear congressional authorization for applying common-carrier regulation to the Internet, the Order is unlawful,” they said.
The U.S. Supreme Court denied the Jan. 5 cert petition of Consumers’ Research challenging the FCC's method for determining the USF quarterly contribution factor (see 2401100044), a docket entry Monday said (docket 23-743). The petition asked SCOTUS to review a Dec. 14 decision of the 11th U.S. Circuit Court of Appeals upholding the Q4 2022 contribution factor (see 2312140058).
The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) “is both appropriate and lawful,” the National Education Association, the American Federation of Teachers and eight other educational groups said in a 5th U.S. Circuit Appeals Court amicus brief Monday (docket 23-60641) in support of the commission's ruling.
A Senate Commerce Committee spokesperson said Tuesday afternoon the panel remains on track to mark up the Spectrum and National Security Act (S-4207) Wednesday, but negotiations between leaders signaled the situation remained extremely fluid, lobbyists told us. Senate Commerce postponed two May markups of S-4207 amid strong opposition from top committee Republicans (see 2405010051). The measure would restore the FCC’s spectrum auction authority through Sept. 30, 2029. It would lend the commission more than $10 billion in FY 2024 funding for the expired affordable connectivity program and fully pay for the Secure and Trusted Communications Networks Reimbursement Program. The Senate Commerce meeting will begin at 10 a.m. in 253 Russell.
ICANN selects London Internet Exchange CEO Kurt Lindqvist as president-CEO, effective December; Sally Costerton continues until then as interim president-CEO … Quadra Partners announces Brian Regan, ex- Aura Network Systems and former National Spectrum Consortium executive committee member, as firm’s first managing director … Crest Hill Advisors names Ken Turner, former DOD deputy director-spectrum, as senior adviser … Bridge Growth Partners, tech investment firm, taps former Siris Capital Group principal Prosper Vignone, also former IBM vice president-corporate development and business development, as a senior adviser.
Spire Global has the green light to operate non-voice, non-geostationary mobile-satellite service in the U.S. in the 399.9-400.05 MHz uplink. In an order in Monday's Daily Digest, the FCC Space Bureau said Spire must ensure its operations don't interfere with Orbcomm's adjacent-band activities at 400.15-401 MHz. The bureau waved off SpaceX-suggested conditions about orbital debris, saying the grant addresses only operations in an additional frequency band. But it said the grandfathering period for the commission's rule requiring non-geostationary orbit satellites deorbit within five years of their missions being complete expires in September, and Spire must supplement its orbital debris mitigation plan before deploying any more satellites afterward. It said that supplement should expand information on collision risks, how Spire will comply with the five-year post-mission disposal rule and how many of its satellites have failed at altitudes above 350 km.
The FCC commissioners split along party lines on the foreign-sponsored content order, with Commissioner Nathan Simington dissenting and Commissioner Brendan Carr dissenting in part. Approved last month, the order (docket 20-299) was released Monday. It's in response to a July 2022 U.S. Court of Appeals for the D.C. Circuit ruling against the agency regarding its foreign-sponsored content rules (see 2207120069). The order replaces a requirement that broadcasters check federal databases for each entity leasing time on their stations to see if they are registered foreign agents. Instead, broadcasters have two options for showing that they tried to determine if the programming is foreign-government sponsored. The order also clarifies that the FCC's foreign-sponsorship rules don't apply generally to ad sales for commercial goods and services. Chairwoman Jessica Rosenworcel in a statement said the rules clarification makes clear that if a foreign government pays to broadcast programming or campaign advertising, a disclosure would clarify that the government paid for it. The clarification "is about supporting transparency and democratic values," she said. "As listeners, viewers, and citizens, this is something we are entitled to know." Carr and Simington objected to new definitions in the order. "While this Order fixes one legal infirmity highlighted at the D.C. Circuit, it creates new problems that may require us to revisit our foreign sponsorship rules in a future proceeding following another appeal," Carr said. Simington said the order's new definitions of "lease of airtime" and "short-form advertising" go against past definitions and violate the Administrative Procedure Act. He said the FCC rule also covers the same ground as Federal Elections Commission rules prohibiting foreign sponsorship.
The FCC’s rechartered Communications Security, Reliability and Interoperability Council will meet for the first time June 28, the FCC announced Monday. FCC Chairwoman Jessica Rosenworcel said Billy Bob Brown from the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency and Todd Piett of Motorola will serve as co-chairs. It will have three working groups: Harnessing AI/Machine Learning to Ensure the Security, Reliability and Integrity of the Nation’s Communications Networks; Ensuring Consumer Access to 911 on All Available Networks as Technology Evolves; and Preparing for 6G Security and Reliability. The group last met a year ago (see 2306260058).
The FCC should exercise care in approving a Samsung Electronics America request for a waiver of a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041), Public Knowledge said in a filing posted Monday in docket 23-93. “This proceeding has revealed an unfortunate mismatch between the Commission’s certification rules for composite devices ... and the evolution of new, multiband radio technology,” PK Senior Vice President Harold Feld said in meetings with staff from the FCC Wireless Bureau and Office of Engineering and Technology, and with an aide to Commissioner Brendan Carr. Feld suggested the FCC could issue an NPRM on broader issues, use a waiver “to state with clarity the meaning of the composite system rule” or grant the waiver “under such conditions that will not create a precedent for similar multiband radio operation, and with sufficient safeguards to mitigate” interference risks. The FCC adopted the composite system rule in 1989, PK said: “At the time, a single multiband radio operating on multiple frequencies under different service rules for each band not only did not exist, but was inconceivable as anything other than a theoretical construct.”