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.
Funding Wi-Fi on school buses through the E-rate program (see 2312200040) will advance students’ education, according to a Monday brief supporting an FCC declaratory ruling before the 5th U.S. Circuit Court of Appeals. The Schools, Health & Libraries Broadband Coalition filed the brief (docket 23-60641). Petitioners Maurine and Matthew Molak challenged expanding the program, contending it will increase the federal universal service charge they pay as a line-item on their monthly phone bill (see 2406040024). SBLB said when the Telecommunications Act of 1996 was enacted, teachers worked with chalkboards and handouts and students carried their textbooks home at night to do their homework. Today, “students are instructed to access reading assignments on web-based learning platforms, to watch online video presentations, and to complete and submit interactive homework assignments online,” SBLB said. The shift to remote learning during the COVID-19 pandemic “greatly accelerated the use of Internet-based education,” the group said: “School-bus Internet access serves an important educational purpose because Internet access is essential to modern learning.” The Molaks, whose son was a cyberbullied suicide victim, have also argued that the ruling will give children and teenagers unsupervised social media access.
Sustaining broadband networks is a “paramount objective” of the Nebraska Universal Service Fund (NUSF) high-cost program, especially with the "influx of federal and state deployment funding," the Nebraska Public Service Commission decided in a Tuesday order. Commissioners voted unanimously Tuesday for two orders on state USF changes (docket NUSF-139) and to consider sanctions against Windstream for three separate 911 outages (docket 911-076).
The U.S. Supreme Court’s June decision in Loper Bright Enterprises v. Raimondo that overruled the Chevron doctrine (see 2407010036) will likely heavily influence discussion during a House Communications Subcommittee hearing Tuesday on the commission’s FY 2025 funding request, congressional aides and lobbyists told us. Chevron gave the FCC and other federal agencies deference in interpreting federal laws. Republican FCC Commissioner Brendan Carr is urging the commission ahead of the House hearing to drop a planned July 18 vote on a draft order and Further NPRM letting schools and libraries use E-rate support for off-premises Wi-Fi hot spots in response to the ruling. The hearing will begin at 10 a.m. in 2123 Rayburn.
The FCC, intervenors and amici who benefit from E-rate funding contend that authorizing Wi-Fi on school buses will advance students’ education, but there’s “powerful and growing evidence to doubt that claim,” petitioners Maurine and Matthew Molak said in their 5th U.S. Circuit Appeals Court reply brief Monday (docket 23-60641).
The FCC, intervenors and amici who benefit from E-rate funding contend that authorizing Wi-Fi on school buses will advance students’ education, but there’s “powerful and growing evidence to doubt that claim,” petitioners Maurine and Matthew Molak said in their 5th U.S. Circuit Appeals Court reply brief Monday (docket 23-60641).
The Nebraska Public Service Commission might update speed test rules. Commissioners voted 5-0 at their Tuesday meeting for an order to seek comments by July 23 and hold a hearing Aug. 6 at 1:30 p.m. CST (docket NUSF-133). The Nebraska PSC required annual broadband speed tests by Nebraska Universal Service Fund participants in a November 2022 order. Now, about 18 months later, the commission wants to review that requirement “to determine if any changes or improvements should be made,” it said.
An administrative law judge recommended a $200,000 fine for T-Mobile’s MetroPCS in a California Public Utilities Commission investigation related to a state universal service fund surcharges dispute. The CPUC’s enforcement division sought a $10 million fine because the carrier insufficiently responded to a Sept. 27, 2021, data request (see 2209230032). MetroPCS’ response violated the state utilities code and a commission rule, and the carrier should pay the maximum $100,000 allowed for each offense, ALJ Robert Mason said. But the judge disagreed with the enforcement division that the company’s conduct was a continuing offense, which would allow for higher penalties. A pending and related court case didn’t excuse the carrier from responding fully, said Mason, who also dismissed the carrier's other objections. “A penalty is … needed to punish the degree of MetroPCS’ wrongdoing and ensure the protection of the public interest,” he said. Parties in docket I.22-04-005 have until July 25 to appeal the ALJ decision, or it will become final. T-Mobile didn’t comment.
The California Public Utilities Commission on Thursday denied AT&T relief from carrier of last resort obligations, while opening a rulemaking to take a fresh look at COLR rules. Also at its meeting, the CPUC approved broadband grants, acted on enforcement items and set annual budgets for the California Advanced Service Fund (CASF) and state video franchise law.
Supporters of the FCC's expired affordable connectivity program acknowledge the Senate Commerce Committee’s impasse (see 2406180067) on the Spectrum and National Security Act (S-4207) may spur a reexamination of alternatives for addressing broadband pricing. This realization comes amid weakening odds that Congress can address ACP funding via a broader package aimed at restoring the FCC's lapsed airwaves sales authority. Lawmakers continue insisting a legislative solution is possible this year even though Senate Commerce’s cancellation of its planned Tuesday markup of S-4207 (see 2406170066) was its fourth pulling of the measure since early May. Other stakeholders are urging a shift to emphasizing nonlegislative solutions.