New York state’s affordable internet law won’t be enforced for now, ISP associations said Monday. The industry groups won’t file a petition for rehearing or rehearing en banc of a 2nd Circuit U.S. Court of Appeals decision upholding New York state’s Affordable Broadband Act, according to a Friday letter to the court from ACA Connects, CTIA, NTCA, USTelecom and the New York State Telecommunications Association. The 2nd Circuit ruled in April that federal law doesn’t preempt the 2021 New York law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051). The 2nd Circuit issued its mandate on that decision Monday. While Friday’s letter to the court didn’t say why ISPs wouldn’t seek rehearing, the industry groups previously told the court they were working toward an agreement with the state that would make a rehearing petition unnecessary (see 2406060038). In a joint statement Monday, the associations said they agreed not to seek rehearing because Attorney General Letitia James (D) agreed to “suspend enforcement of this law while the courts consider the litigation in this case.” The ISP groups said they “continue to support state and federal measures that foster broadband affordability without requiring rate regulation.” While the groups won’t seek rehearing by the 2nd Circuit, they could still seek U.S. Supreme Court review by the end of July. However, the industry groups expect a 6th Circuit ruling before that deadline -- possibly in the next three weeks -- on the FCC’s order reclassifying broadband as a Title II service, said an industry lawyer involved in the appeals process. The 6th Circuit ruling would affect how ISPs proceed on their challenge to the New York law because the 2nd Circuit decision was based on broadband as Title I, the lawyer said. If the 6th Circuit stays the FCC order, preserving a Title I world, industry would likely appeal the 2nd Circuit decision to the Supreme Court, the source said. However, if there isn’t a stay and the Title II order takes effect, industry could instead file a fresh lawsuit at the district court challenging the New York law under the Title II regime, the attorney said. AG James agreed not to enforce the state law until Aug. 21 or 14 days after a potential 6th Circuit stay of the FCC order, the attorney said. New York’s AG office referred us to the New York Public Service Commission for comment. However, a PSC spokesperson said the commission doesn’t comment on pending litigation.
The United Church of Christ Media Justice Ministry asked the FCC to keep rates for incarcerated people's communications services (IPCS) "as low as possible" (see 2406120059), according to an ex parte filing posted Monday in docket 23-62. In a call with an aide to Chairwoman Jessica Rosenworcel, the group said safety, security and surveillance costs should be excluded from the rates because those functions "are not the appropriate financial burden of incarcerated people and their families." UCC Media Justice also asked the commission to remove the 50-person average daily population threshold required to provide telecom relay service-related and point-to-point video obligations.
Presentations to the FCC's World Radio Conference Advisory Committee, including its subcommittees and working groups, as well as at WAC-sponsored roundtables and presentations between WAC members and FCC staff or commissioners, are exempt for ex parte purposes, the commission's Office of International Affairs said in a notice Monday. The notice also said if pending FCC proceedings and WAC issues overlap, the FCC "will not rely ... on any information submitted to the WAC ... or information WAC members conveyed to FCC staff or Commissioners unless that information is first placed in the record of the relevant proceeding."
Tribal officials asked about outreach, funding and data privacy connected with the FCC’s proposed missing and endangered persons (MEP) alert code during a virtual tribal consultation and listening session Monday (see 2405240043). The agency's Office of Native Affairs and Policy conducted the event. Speakers were broadly supportive of the MEP code but expressed concern about some of the proposal's details. Funding should go from the FCC directly to native groups so they can implement the new code, Sally Fineday of the Leech Lake Band of Ojibwe said. Reycita Billie, the Navajo Nation Police Department's missing and murdered indigenous people liaison, said the agency should focus on communicating with the public about the new code. “Public education is very important to our community members,” she said. Many members of the public aren’t clear about their options when a loved one is missing, she said. The FCC should consider privacy and data sovereignty issues when any information is collected or shared in connection with the MEP code, a speaker from Washington state said. “How are we ensuring that tribes maintain control of it, that they have access to it, have the ability to edit, delete or share as tribes see fit?” he asked. Michelle Beaudin, a council member for the Lac Courte Oreilles Tribe in Wisconsin, said the FCC should also create MEP wireless emergency alerts. “I believe there's so many more people that have their phones versus the TV or radio,” she said.
The FCC is increasingly leaning toward an "object-years" regulatory approach to space safety, experts say. But some warn of flaws in the approach. The agency is seeking input, due June 27, on its orbital debris open proceeding about using a 100 object-years benchmark -- a cap on the total cumulative time to deorbit failed satellites -- for assessing the risk of a constellation's derelict satellites (see 2405240005).
Revisions to the Spectrum and National Security Act (S-4207) last week (see 2406140062) have at least solidified Democrats' support for the measure ahead of a planned Tuesday Senate Commerce Committee vote, lobbyists told us. The more doubtful wild card is whether any Republican panel members publicly back the measure Tuesday despite Chair Maria Cantwell, D-Wash., making revisions that reflect their desire to protect military interests, lobbyists said. Several believed there was still a strong chance Senate Commerce would again postpone a vote on S-4207 after already yanking it from the agenda three times (see 2406110079). The panel’s meeting is set to begin at 10 a.m. in 253 Russell.
Space vehicles used principally for rendezvous and proximity operations and in-orbit servicing will be treated as small satellites for the purposes of regulatory fees, the FCC said in Friday's Daily Digest. The agency said it will group them with small satellites on an interim basis until it "can develop more experience in how these space stations will be regulated." The order didn't address other fee proposals raised in the pending space regulatory fee proceeding (see 2403140060).
The FCC wants comments by July 17, replies Aug. 1, on a Further NPRM addressing border gateway protocol security practices in docket 24-146, a notice for Monday's Federal Register said. Commissioners adopted the FNPRM during the agency's June meeting (see 2406060028).
The FCC is set to publish in the Federal Register on Monday last week’s notice from the Office of Engineering and Technology on geofencing in the 5.9 GHz band (see 2406110029). Comments are due July 5 in docket 19-138.
Progeny updated the FCC on the buildout of its 900 MHz multilateration location and monitoring service licenses (M-LMS) in a filing Friday (docket 12-202). “Progeny is currently seeking Commission rule changes that would enable highly accurate, widescale geolocation services, greatly enhancing the efficacy and utility of Progeny’s terrestrial position, navigation, and time services as a complement and backup to the Global Positioning System,” Progeny said. Parent NextNav proposed a reconfiguration of the 902-928 MHz band in April (see 2404160043). Progeny noted last year it filed notifications of construction and coverage for M-LMS licenses covering 32 of the remaining economic areas where its network wasn’t previously operational.