Wisconsin Bell failed to persuade the 7th U.S. Circuit Court of Appeals to grant its petition for an en banc rehearing of an August decision reversing and remanding a lower court ruling regarding how much the company charged schools and libraries through the FCC's E-rate program (see 2308020067). The opinion, released Tuesday in case 22-1515, noted that no judge sought a vote for a rehearing.

The 4th U.S. Circuit Court of Appeals returned a U.S. Chamber of Commerce challenge of Maryland’s digital ad tax to a state district court. In an opinion Wednesday (case 22-2275), the appeals court agreed with the U.S. District Court in Baltimore (case 21-cv-00410) that the Tax Injunction Act (TIA) prevents federal courts from reviewing the tax. However, it disagreed that a decision on the constitutionality of a related pass-through ban was moot.

The 4th U.S. Circuit Court of Appeals returned a U.S. Chamber of Commerce challenge of Maryland’s digital ad tax to a state district court. In an opinion Wednesday (case 22-2275), the appeals court agreed with the U.S. District Court in Baltimore (case 21-cv-00410) that the Tax Injunction Act (TIA) prevents federal courts from reviewing the tax. However, it disagreed that a decision on the constitutionality of a related pass-through ban was moot.

States can achieve universal broadband with a mix of fiber, fixed wireless and satellite technologies, Vernonburg Group CEO Paul Garnett said during a Wireless ISP Association webinar Thursday. Garnett demonstrated his consulting group’s broadband planning tool, which estimates an “optimal” extremely high cost per location threshold for each jurisdiction. “If you make the right decisions, you will be able to achieve your internet-for-all goals,” he said. Deploying broadband becomes increasingly expensive as a state gets closer to reaching all unserved and underserved areas, said Garnett: There are points where it makes sense to consider fiber alternatives, he said. Estimating about $53.6 billion in grant funds available across the entire U.S., including multiple federal and state sources, the tool suggests that 58% of locations should receive fiber, 38% should be served with fixed wireless and 4% should get satellite service, so all unserved and underserved locations are covered. Some states will rely more on wireless than others, Garnett said. With about $270 million in available grant funds, Maryland could serve 46% of locations with fiber, 52% with fixed wireless and 2% with satellite, according to the tool's calculations. For Utah, with about $388.6 million in grants, it estimates a mix of 67% fiber, 27% fixed wireless and 6% satellite. WISPA commissioned Vernonburg to create the tool, a WISPA spokesperson said. “[Vernonburg] did all the modeling work without deep input from us on what the outcome would be.”

Petitioners Maurine and Matthew Molak are seeking 5th U.S. Circuit Court of Appeals review of the FCC’s Oct. 25 declaratory ruling authorizing funding for Wi-Fi service and equipment on school buses under the commission’s E-rate program, according to their petition Wednesday (docket 23-60641). The Molaks are “aggrieved” by the ruling because it will increase E-rate program “outlays” and “thereby directly increase" the amount of the federal universal service charge they pay each month as a line-item on their phone bill to fund the program's costs, their petition said. In addition, the Molaks have “a special interest in this matter” as co-founders of David’s Legacy Foundation, a nonprofit dedicated to the memory of their son “and committed to ending cyberbullying through education, legislation, and legal action,” it said. The ruling “undermines that crucial mission by enabling unsupervised social-media access by children and teenagers” on school buses, it said. The ruling exceeds the FCC’s statutory authority and “is contrary to law,” it added. The Molaks are asking the 5th Circuit to vacate the ruling “and grant such other relief as it may deem appropriate,” said the petition.

Petitioners Maurine and Matthew Molak are seeking 5th U.S. Circuit Court of Appeals review of the FCC’s Oct. 25 declaratory ruling authorizing funding for Wi-Fi service and equipment on school buses under the commission’s E-rate program, according to their petition Wednesday (docket 23-60641). The Molaks are “aggrieved” by the ruling because it will increase E-rate program “outlays” and “thereby directly increase" the amount of the federal universal service charge they pay each month as a line-item on their phone bill to fund the program's costs, their petition said. In addition, the Molaks have “a special interest in this matter” as co-founders of David’s Legacy Foundation, a nonprofit dedicated to the memory of their son “and committed to ending cyberbullying through education, legislation, and legal action,” it said. The ruling “undermines that crucial mission by enabling unsupervised social-media access by children and teenagers” on school buses, it said. The ruling exceeds the FCC’s statutory authority and “is contrary to law,” it added. The Molaks are asking the 5th Circuit to vacate the ruling “and grant such other relief as it may deem appropriate,” said the petition.

The 5th U.S. Circuit Court of Appeals should vacate the FCC’s Oct. 25 declaratory ruling that authorizes funding for Wi-Fi service and equipment on school buses under the commission’s E-rate program, said Maurine and Matthew Molak in a petition for review Wednesday (docket 23-60641). The Molaks said in the filing that the ruling will increase the E-rate program's “outlays” and “thereby directly increase" the amount of the federal universal service charge they pay each month as a line-item on their phone bill to fund E-rate costs.

Louisiana is the first state to get full NTIA approval of its initial proposal for the broadband, equity, access and deployment (BEAD) program. NTIA approved volume 2 of the state's plan, the agency said Friday. On a videoconference with reporters Thursday, outgoing Louisiana Gov. John Bel Edwards (D) said he has no concerns that Gov.-elect Jeff Landry (R) “will depart from the commitment that we have made in our submission.”

Four lead Republicans on the House and Senate Commerce committees and their Communications subpanels raised major concerns Friday with the FCC’s “deeply misleading” claims about the affordable connectivity program's efficacy. Some lobbyists think this is a problem given the Biden administration’s push for Congress to appropriate an additional $6 billion to fully fund the initiative through the end of 2024 (see 2310250075). Estimates peg ACP as likely to exhaust its initial $14.2 billion tranche from the 2021 Infrastructure Investment and Jobs Act during the first half of 2024 (see 2309210060).

The FCC didn't violate the nondelegation doctrine when it used the Universal Service Administrative Co. to calculate quarterly USF contribution factors and administer USF programs, a federal court ruled Thursday. In denying Consumers' Research's challenge of the FCC contribution factor (see 2306220062), the 11th Circuit U.S. Court of Appeals noted "all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power."