Essential Network Technologies and MetComm.net filed a petition to review last week at the U.S. Appeals Court for the D.C. Circuit challenging the authority of the FCC and the Universal Service Administrative Co. to stop processing the reimbursement of discounts for IT and broadband services that MetComm and Essential provided to schools under Section 254 of the Communications Act. Also at issue is whether the FCC’s failure to conclude numerous extended USAC investigations within a reasonable time violated the Administrative Procedure Act and the Constitution's due process clause by seriously impairing the ability of MetComm and Essential to adequately defend themselves against USAC’s “unspecified allegations,” said the petition (docket 24-1027). This isn’t “an ordinary agency delay case” but instead is a case in which the FCC “has a duty to act,” it said. The commission is failing its “statutory reimbursement duty while embroiling the schools and their service providers in endless proceedings before a private company, USAC, that lacks any authority to decide the legal issues involved,” it said. If the petition to review is denied, the petition seeks, in the alternative, mandamus relief compelling the FCC to comply with the duties Congress included in the Communications Act and the APA, it said.
The FCC announced on Tuesday the relaunch of its Consumer Advisory Committee, with a special focus on AI. The first meeting will be April 4, starting at 10:30 a.m. EDT. The CAC had its last meeting under the previous cycle in August (see 2208300059). “As AI rapidly advances, illegal calls utilize more sophisticated tactics, and too many communications tools potentially leave limited-English speaks behind, we are committed to actively engaging these challenges and opportunities today and looking into the future,” said FCC Chairwoman Jessica Rosenworcel. The co-chairs for this cycle are Claudia Ruiz, civil rights analyst at UnidosUS, and John Breyault, vice president-public policy, telecommunications and fraud, at the National Consumers League.
Petitioners Maurine and Matthew Molak want the 5th U.S. Circuit Court of Appeals to “disregard the statutory requirement” under Communications Act Section 405(a) that persons who weren’t parties before the FCC file a petition for reconsideration as a “condition precedent” to seeking judicial review, said the FCC and DOJ reply Friday (docket 23-60641) in support of their motion to dismiss the Molaks’ petition (see 2402070002).
Expect a lengthy fight among satellite operators over equivalent power flux density (EPFD) limits at the FCC and during preparations for the 2027 World Radiocommunication Conference (WRC-27), satellite experts and insiders tell us. Some see the issue emerging at ITU Working Party 4A meetings in May -- 4A is concerned with satellite spectrum efficiency and interference. Non-geostationary orbit (NGSO) advocates of an EPFD change face a challenging road getting EPFD rules changes made at WRC-27, though changes are possible, we're told.
Industry groups welcomed the FCC's inquiry on improving its broadband data collection (BDC) process. The agency sought feedback as part of a report to Congress about data collection and whether tools are needed to improve the data's accuracy (see 2401190071). Comments were posted Tuesday in docket 19-195.
Mitigating practices that could speed the country toward phone number exhaustion is a priority item for state officials ahead of NARUC’s Feb. 25-28 meeting in Washington, commission officials told us. The state utility regulator association is planning a vote during the meeting on a proposed resolution from Telecom Committee Chair Tim Schram. It urges the FCC “to provide updated guidance on how states should bring forward cases of telephone number resource mismanagement or suspected robocalling using rented telephone numbers to the Commission using the audit process” from Section 52.15(k) of the Telecom Act.
Media misinformation and disinformation are major concerns, but the FCC shouldn't regulate newsrooms, Commissioner Anna Gomez Tuesday told a Media Institute luncheon. “Our democracy needs a press free from interference from regulators like myself,” said Gomez.
Making cable operators provide an "all-in" price in ads and promotional materials "would be intrusive and uninformative," according to cable interests. In a docket 23-203 filing last week recapping a meeting with FCC Media Bureau Chief Holly Saurer, NCTA, Comcast, Charter and Cox said fees vary from region to region. In addition, they said all-in pricing would necessitate geo-targeting advertised prices, "which is highly impractical [and] technically challenging," or that the ads and promos would have to reflect a wide range of fees that might not apply and would be of little use to consumers. They said any all-in price requirement should let cable operators exclude fees that vary based on location, as long as operators include a statement in the ad that refers to those fees and indicates the amount depends on the customer's location. The FCC's all-in price proposal also should exclude fees that are variable for each subscriber and government-imposed taxes and fees, the cabers said.
The 2018 quadrennial review’s extension of the top-four prohibition to include low-power TV stations and multicast channels takes effect March 18, the FCC said in a public notice in Friday’s Daily Digest. The order was published in the Federal Register Thursday, which means the 60-day clock for entities to challenge the rule in the courts has begun. It is widely expected that NAB will bring a challenge before the deadline (see 2401020042).
NTIA is inappropriately trying to set prices in Virginia through the broadband, equity, access and deployment (BEAD) program by demanding that the state put a specific rate on low-cost plans, former FCC Commissioner Mike O’Rielly blogged Friday. “Despite repeated public reassurances by [Commerce Secretary Gina Raimondo] and select staff that BEAD implementation would reject setting specific broadband rates -- an act prohibited by provisions of the infrastructure law -- that’s exactly what is this underhanded attempt is all about,” the Republican wrote. “Contrary to claims being made, setting a price is ratemaking. And by putting Virginia’s application in purgatory, Secretary Raimondo is trying to bend the state to Commerce’s will.” NTIA and the Virginia Department of Housing and Community Development didn’t comment.