SiriusXM names Richard Baer, ex-Airbnb, executive vice president, general counsel and secretary, succeeding Patrick Donnelly, retiring.

The National Federation of Independent Business’ Small Business Legal Center joined Consumers’ Research in asking the U.S. Supreme Court to reject how the FCC handles USF. FCC v. Consumers' Research, which SCOTUS will hear March 26, challenges the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating how the USF program is funded (see 2501090045).

President Donald Trump’s latest norm-busting executive order (see 2502180069) directing the FCC, among other "so-called independent" agencies and executive branch bodies, to submit regulatory actions to the White House before they're published in the Federal Register could complicate Brendan Carr’s push to be an active chairman at the FCC, industry experts said Wednesday.

Aventiv Technologies CEO Dave Abel and other executives from the company and subsidiary Securus met with aides to FCC Chairman Brendan Carr and Commissioner Nathan Simington on the FCC’s 2024 incarcerated people’s communication services (IPCS) order. Securus opposes part of the order, which it’s challenging in federal court (see 2502140049). The executives discussed “pending petitions for reconsideration, various appeals of the 2024 IPCS Order and related ongoing proceedings,” said a filing posted Tuesday in docket 12-375. “We also discussed the effect of the … Order on the state of the IPCS marketplace and our expectations.”

An emergency petition Sunday by the executive branch seeking U.S. Supreme Court intervention to block courts from interfering with the removal of the head of the Office of Special Counsel could have implications for the president’s removal power over FCC commissioners, said Free State Foundation President Randolph May in a blog post Tuesday. Acting Solicitor General Sarah Harris asked SCOTUS to vacate a temporary restraining order barring the removal of Office of Special Counsel leader Hampton Dellinger as “an unprecedented assault on the separation of powers.” Blocking the president from removing presidential appointees under his authority “inflicts the gravest of injuries on the Executive Branch and the separation of powers,” said the emergency petition. In it, Harris restated DOJ's argument (see 2502140047) that tenure protections for members of multimember commissions are unconstitutional. “If this view ultimately prevails in the Supreme Court, a president's authority to remove an FCC commissioner without providing any reason would be assured,” May said. The court could instead rule that Dellinger could be ousted based on language in the statute that allows the head of the Office of Special Counsel to be removed for inefficiency, malfeasance or neglect of duty, he added. Other agencies targeted in a recent letter to Congress from the Solicitor General -- such as the FTC and the National Labor Relations Board -- are based on statutes with similar language, but that language isn’t present in the Communications Act. That could be “determinative” if a president ever tries to remove an FCC commissioner, May said. He included a disclaimer at the end of his post clarifying that he isn't advocating for White House removal of FCC commissioners.

President Donald Trump issued an executive order Tuesday afternoon directing the FCC, other “so-called independent” federal agencies and all other executive branch entities to “submit for review all proposed and final significant regulatory actions” to the White House's Office of Information and Regulatory Affairs (OIRA) “before publication in the Federal Register.” Trump said “it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch.” Then-President Bill Clinton's 1993 order that set up OIRA mostly exempted independent agencies but subjected them to some obligations.

Consumers’ Research is getting support from other right-of-center groups as it pushes a legal theory at the U.S. Supreme Court that poses a challenge to the USF's future. SCOTUS will hear FCC v. Consumers' Research on March 26, challenging the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating how the USF program is funded (see 2501090045).

While the White House increasingly wields tariffs as an economic policy tool, parts of the tech, media and telecom universe see a growing risk of getting enmeshed in trade fights. Some communications technology could be particularly exposed, Telecommunications Industry Association Director-Global Policy Patrick Lozada told us. Broadcasters, meanwhile, are bracing for tariffs that could potentially result in lower advertising spends. SpaceX's temporary loss of a $100 million contract over a U.S./Canada tariff fight also could point to satellite communications getting caught in the thicket of U.S. trade disputes (see 2502060004).

The wireless industry must move quickly to address post-quantum computing security, 5G Americas stressed in a paper posted Thursday. “A cryptographically relevant quantum computer (CRQC) has the potential to break traditional public key cryptography, a cornerstone of internet and mobile network security,” it said. Industry should start planning now for migration to a post-quantum world, the paper said: “As a first step, start by educating key executives and stakeholders on the urgency and risks. Develop a migration plan, conducting a cryptographic inventory, including security protocols and versions, and a quantum risk assessment to migrate by priority.”

Acting U.S. Solicitor General Sarah Harris told Senate Judiciary Committee ranking member Dick Durbin, D-Ill., on Wednesday that DOJ plans to stop defending tenure protections that bar a president from firing a commissioner from an independent agency at will, including FTC commissioners. Harris said she plans to ask the U.S. Supreme Court to overturn that precedent, established in its 1935 Humphrey’s Executor v. U.S. ruling, a shift that would also affect the FCC. DOJ “has determined that certain for-cause removal provisions that apply to members of multi-member regulatory commissions are unconstitutional,” Harris said in a letter to Durbin. The high court has held that Humphrey’s Executor “applies only to administrative bodies that do not exercise ‘substantial executive power’” and has explained it “misapprehended the powers of the ‘New Deal-era FTC’ and misclassified those powers as primarily legislative and judicial.” She said the precedent “thus does not fit the principal officers who head” the FTC and two other agencies: the National Labor Relations Board and Consumer Product Safety Commission. The U.S. Chamber of Commerce and other conservative groups asked SCOTUS in July to overturn Humphrey’s Executor in Consumers' Research et al. v. Consumer Product Safety Commission (see 2407290027).