The U.S. Appeals Court for the D.C. Circuit should deny Essential Network Technologies and MetComm.Net's Feb. 14 petition challenging the authority of the FCC and the Universal Service Administrative Co. to withhold reimbursement of discounts for IT and broadband services that the two companies provided to schools under Section 254 of the Communications Act (see 2402200044), said the FCC’s opposition Wednesday (docket 24-1027).

The U.S. Appeals Court for the D.C. Circuit should deny Essential Network Technologies and MetComm.Net's Feb. 14 petition challenging the authority of the FCC and the Universal Service Administrative Co. to withhold reimbursement of discounts for IT and broadband services that the two companies provided to schools under Section 254 of the Communications Act (see 2402200044), said the FCC’s opposition Wednesday (docket 24-1027).

Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.

Industry and consumer groups have lobbied the FCC in recent days on whether to maintain its proposed language regarding forbearance of Universal Service Fund (USF) contributions for broadband internet access service (BIAS) in its draft order restoring net neutrality rules, according to an analysis of recent ex parte filings in docket 23-320. The FCC in its draft order to be considered Thursday during the commissioners' open meeting tentatively decided to grant ISPs forbearance from Communications Act Section 254(d) requirements, which govern USF contributions (see 2404050068).

Affordable Connectivity Program Extension Act (HR-6929/S-3565) lead House sponsor Rep. Yvette Clarke, D-N.Y., told us she's cautiously optimistic ahead of the opening of a discharge petition Thursday to force a floor vote on the measure (H.Res. 1119). HR-6929/S-3565 proposes allocating $7 billion for FY 2024 to the ailing FCC connectivity program. Thursday marks the end of a seven-legislative-day waiting period before Clarke can begin collecting signatures on the petition, which would require backing from at least 218 members before becoming effective (see 2404100075). Republican observers, even those who support giving ACP stopgap money, are skeptical the discharge petition bid will succeed.

Broadband officials and experts Wednesday called for continued pressure to replenish the FCC's affordable connectivity program (see 2404100075). Some panelists during Next Century Cities' bipartisan tech policy conference also urged community leaders to engage with their state broadband offices as NTIA approves states' plans for the broadband, equity, access and deployment program.

The connections-based Utah Universal Service Fund (UUSF) surcharge could increase by 27 cents to 98 cents monthly per access line, a 38% increase, the Utah Public Service Commission said in a Monday notice. The increase is needed due to AT&T overcounting access lines subject to the surcharge for nearly two years, from August 2021 to July 2023, the PSC said. After correcting the reporting error, “the actual number of access lines subject to the surcharge have now been reduced by approximately 260,000 per month and thus results in less revenue to meet the costs associated with the UUSF statutory obligations.” Also, UUSF distribution estimates “were significantly underestimated,” the PSC said. “Unless public comment convinces the PSC to alter its plans,” the new rate will take effect July 1. Comments are due June 3.

The FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) is “contrary to law” because it “improperly expands” the schools and libraries universal service program under Section 254 of the Communications Act, said the Competitive Enterprise Institute in an amicus brief April 9 (docket 23-60641) at the 5th U.S. Circuit Court of Appeals.

Rep. Yvette Clarke, D-N.Y., is circulating a discharge petition (H.Res. 1119) in a bid to force a floor vote on her Affordable Connectivity Program Extension Act (HR-6929/S-3565), which would appropriate $7 billion to keep the ailing FCC broadband fund running through the end of FY 2024. Clarke's petition will likely help ACP backers in their push to advance the funding proposal out of the lower chamber and amplify pressure on Congress to act before the program's current money runs out in the coming weeks, lobbyists told us. Advocates acknowledge they still face headwinds in the Senate, where leaders continue eyeing alternative vehicles for the appropriation. Congress approved the Further Consolidated Appropriations Act FY 2024 minibus spending package last month without ACP money (see 2403280001).

The FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) is an "unlawful exercise" of the commission's statutory authority "and may damage American students' health and diminish their educational achievement," said Michigan State University law professor Adam Candeub in a 5th U.S. Circuit Appeals Court amicus brief Friday (docket 23-60641).