The U.S. Supreme Court’s recent decisions in Loper Bright Enterprises v. Raimondo, which overruled the Chevron doctrine (see 2406280043), and in SEC v. Jarkesy (see 2406270063) were “a good thing,” FCC Commissioner Brendan Carr said Wednesday during a Multicultural Media, Telecom and Internet Council webinar. Other former FCC officials disagreed sharply with the rulings that appear to expand judges' power while reining in regulatory agencies like the FCC.
It seems likely FCC commissioners will approve 3-2 a draft order and Further NPRM allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. FCC Republicans are expected to issue dissents. Some advocates hope the item will be tweaked to address fixed wireless access and partnerships with nontraditional providers (see 2406270068). Commissioners will vote at their open meeting Thursday.
Satellite operators and broadcasters want the FCC to phase in Space Bureau regulatory fee increases, expand the payor base and maintain COVID-19 pandemic regulatory fee relief measures, according to comments filed by Monday's deadline in docket 12-108. Satellite interests repeatedly warned of fee shock, particularly as the FCC proposes big jumps in fees to cover costs associated with last year’s creation of the bureau (see 2304110002). The agency should “maximize fairness in the payment process” by continuing “the availability of the extraordinary relief measures for financially distressed regulatees,” a joint filing from state broadcast associations said.
The Armstrong Group agreed to pay $6.5 million for violating the FCC's rules on the USF high-cost program, DOJ announced Friday. The company admitted to "submitting improper costs in order to inflate the subsidies it received," a news release said. An investigation found that five incumbent local exchange carriers the Armstrong Group owns failed to comply with FCC rules between 2008 and 2023. A whistleblower will receive about $1.2 million "as his share of the recovery," DOJ said. “When providers like the Armstrong Group fail to follow federal law and FCC regulations, they jeopardize not only critical government programs but also consumers’ ability to access a modern lifeline," Eric Olshan, U.S. attorney for the Western District of Pennsylvania, said.
AT&T is nearing a settlement with the Utah Division of Public Utilities and Utah Rural Telecom Association (URTA) related to the carrier’s $2.26 million overpayment to the state USF. AT&T assessed a higher surcharge than the PSC required for two years (see 2405280028). On Wednesday, the Utah Public Service Commission approved an AT&T motion suspending docket 24-087-02 deadlines except for a hearing scheduled Aug. 13. AT&T, URTA and the division “engaged in settlement negotiations and hope to resolve disputes in this docket through further negotiations and present a settlement stipulation to the Commission” at the Aug. 13 hearing, AT&T said. The parties are “optimistic that a negotiated resolution can be reached,” it said.
States hope they can increase federal engagement on telecom no matter who is president in 2025, current and former state utility commissioners said in interviews. In a possible second Donald Trump presidency, “the states and localities are really going to be where broadband policy is made,” predicted Gigi Sohn, Benton Institute for Broadband & Society senior fellow. Some said there is a lot of uncertainty about how a Trump administration might change rules for state grants under NTIA’s $42.5 billion broadband equity, access and deployment (BEAD) program.
Donald Trump recently has distanced himself from the Heritage Foundation’s Project 2025 manifesto (see 2407050015), but its authors are his close policy advisors. Accordingly, his election would likely mean chaos for the federal bureaucracy, including agencies like the FCC, FTC and the NTIA, experts said. As many as 50,000 federal employees could lose their jobs if a Trump administration cleans house, experts told us. Project 2025 includes a chapter on the FCC that Commissioner Brendan Carr wrote. Carr is considered the favorite to become FCC chair if Trump wins (see 2407120002).
Expect a Donald Trump White House and FCC to focus on deregulation and undoing the agency's net neutrality and digital discrimination rules, telecom policy experts and FCC watchers tell us. Brendan Carr, one of the two GOP minority commissioners, remains the seeming front-runner to head the agency if Trump wins the White House in November (see 2407120002). Despite repeated comments from Trump as a candidate and president calling for FCC action against companies such as CNN and MSNBC over their news content, many FCC watchers on both sides of the aisle told us they don’t expect the agency to actually act against cable networks or broadcast licenses under a second Trump administration.
FCC Commissioner Brendan Carr is widely seen as the favorite to become FCC chair in a second Donald Trump presidency, and former FCC staffers and communications industry officials told us they expect a Carr-led FCC would prioritize policies he wrote about in the telecom chapter of the Heritage Foundation's Project 2025. For example, the chapter lays out plans for rolling back Section 230 protections for tech companies, deregulating broadband infrastructure and restricting Chinese companies.
NTCA urged that the FCC adopt additional safeguards as part of a draft order and Further NPRM that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. Commissioners are set to vote on the measure July 18 (see 2406270068). “The most effective use of E-rate funds would be to ensure that funded Wi-Fi hotspots are not made available where service is already available as reflected in the National Broadband Map,” a filing posted Tuesday in docket 21-31 said. The FCC shouldn’t fund a hot spot “at any location that is currently connected leveraging the use of high-cost USF support,” NTCA said. NTCA met with aides to FCC Chairwoman Jessica Rosenworcel and Commissioner Nathan Simington.