The 5th U.S. Circuit Court of Appeals denied Huawei’s challenge to the FCC ban of the Chinese telecom gear vendor's equipment from networks funded by the Universal Service Fund under its national security supply chain rules (see 1911220064). Huawei sought the review in December. “If we were convinced that the FCC is here acting as ‘a sort of junior-varsity’ State Department,” the court “would set the rule aside,” Judge Stuart Kyle Duncan said Friday for the three-judge panel. “But no such skullduggery is afoot. Assessing security risks to telecom networks falls in the FCC’s wheelhouse.” Huawei is “disappointed” by the ruling and is “assessing” its “options to respond,” a spokesperson emailed: The company continues “to believe the FCC acted without authority in changing” its USF rules. The FCC didn’t comment. Wiley’s Tom Johnson, former FCC general counsel, said he’s “proud to have represented” the U.S. “in this important case.” Matthew Berry, who was chief of staff to then-FCC Chairman Ajit Pai, also praised the ruling.
Weekly enrollments for the FCC emergency broadband benefit are beginning to slow, according to Universal Service Administrative Co. data. Some said in interviews last week the apparent slump may reflect lack of sufficient FCC leadership on EBB. Others said the initial surge in enrollment shows the level of interest in the program, and eligible households will continue signing up.
The Office of Foreign Assets Control issued guidance and three new general licenses to expand humanitarian-related exemptions for shipments and activities in sanctioned countries. The licenses apply to Iran, Syria and Venezuela and are accompanied by six new frequently asked questions to “further support the critical work” of humanitarian and COVID-19 aid to people in sanctioned regions. The guidance comes amid criticism from humanitarian groups that U.S. sanctions continue to inadvertently block aid shipments (see 2105260047 and 2105280004).
Patron data retention and reporting requirements for the FCC’s $7.17 billion Emergency Connectivity Fund could lead otherwise eligible libraries to opt out of the program (see 2105260048), stakeholders said in recent interviews. With the first application filing window scheduled to open June 29, groups are asking the FCC to clarify whether libraries can maintain alternate records. The agency largely followed E-rate rules requiring participants to keep records for 10 years. In addition to the type of services or devices provided, schools and libraries would need to maintain records of the names and addresses served.
NTIA rules for the connecting minority communities pilot take effect Tuesday, says that day's Federal Register. The $285 million program provides grants to historically Black colleges or universities, tribal colleges and minority-serving institutions to purchase broadband services and facilitate remote learning. A notice of funding opportunity is expected Tuesday.
NTIA rules for the connecting minority communities pilot take effect Tuesday, says that day's Federal Register. The $285 million program provides grants to historically Black colleges or universities, tribal colleges and minority-serving institutions to purchase broadband services and facilitate remote learning. A notice of funding opportunity is expected Tuesday.
Commissioner Nathan Simington said finalizing new broadband data maps is a “very high priority” for FCC action. It's a “very thorny problem,” Simington said in an interview Wednesday. The FCC had to build out capacities that didn’t exist after Congress “passed the ball,” and acting Chairwoman Jessica Rosenworcel is “working very hard to get it done,” he said. The commissioner has USF concerns and may be open to some changes.
FCC Wireline Bureau staff granted Hawaiian Telcom and TDS requests to waive Connect America Fund Phase II buildout obligations and reporting requirements, said an order in Wednesday's Daily Digest. Hawaiian Telcom may count 370 of the 391 locations destroyed by Kilauea Volcano eruptions in 2018 (see 2009140050) toward its interim and remaining milestones, it said. TDS received a waiver for its service requirements because TDS said it can't meet its obligations due to the pandemic-related restrictions and expects to complete its buildout by July 1. The FCC directed TDS to report to the Universal Service Administrative Co. when it completes its buildout, or provide a status report if it's unable to meet the expected milestone.
Alaska Communications Systems asked the FCC to clarify that certain census blocks in Alaska are eligible for Connect America Fund Phase II support, said a petition for declaratory ruling posted Wednesday in docket 10-90. ACS identified 71 high-cost and extremely high-cost census blocks with at least 403 unserved locations that were not cost-designated by the Connect America cost model. Without clarification, ACS said it's unable to submit any of those locations to Universal Service Administrative Co. to satisfy its CAF Phase II obligations.
FCC acting Chairwoman Jessica Rosenworcel welcomed Commissioner Brendan Carr’s proposal to make Big Tech pay into USF (see 2105240037). The idea is “intriguing,” Rosenworcel said in a statement to us Friday, and the commission “should be open to new ideas.” The funding mechanism is “hopelessly outdated” and the program is “on the verge of collapse,” Carr wrote last week. Under his proposal, Congress would pass legislation that “ensures Big Tech contributes an equitable amount” to USF, he said. Rosenworcel agreed it’s “clear that this would require action from Congress.”