The U.S. Supreme Court upheld the FCC’s USF contribution scheme in a 6-3 opinion Friday in Consumers’ Research v. FCC, but dissenting and concurring opinions from several conservative justices appeared to invite future challenges, attorneys told us.
FCC Chairman Brendan Carr said Thursday that he's “open-minded” about the result of the agency’s proceeding on modifying the national broadcast-ownership cap (see 2506180082), while Commissioner Anna Gomez denounced it as “a sweeping effort to tip the scales even further in favor of a handful of powerful corporations.” Gomez said she knows broadcasters are facing economic pressures and the FCC may need to provide relief, “but this is where we need a scalpel, not a chain saw.” Broadcast officials told us that keeping the ownership cap in place only for network-owned stations -- as the public notice suggests -- could make the rule change more vulnerable in court.
NTIA released Friday its long-awaited plan for awarding $42.45 billion in BEAD program money, reversing much of what the Biden administration developed in the initial rules. Delaware, Louisiana and Nevada, which have completed state plans, will have to relaunch the process. Fiber will no longer get priority under the plan. NTIA called the guidance a “BEAD Restructuring Policy Notice,” rather than a new notice of funding opportunity.
The FCC on Thursday posted the three items set for votes at the commission’s June 26 meeting, all of which are aimed at cutting regulations. It will consider cutting cable TV rules and an engineering requirement tied to the agency’s broadband data collection, as well as addressing text telephone-based telecom relay service rules.
Thursday’s U.S. Supreme Court decision limiting the scope of environmental reviews could ease permitting for infrastructure projects, including broadband buildout, said advocacy groups and policy analysts.
Rate regulation would harm competition in the broadband marketplace and undermine efforts to close the digital divide, said ACA Connects in a new study released Thursday. The study, conducted in partnership with Cartesian, found four "cascading" effects of rate regulation: less investment, less competition, a slowdown in pricing declines and harm spillover.
Some FCC rules targeted for the deregulatory ax under the agency’s “Delete, Delete, Delete” proceeding were defended in reply comments, according to filings this week in docket 25-133, where replies were due Monday. The proceeding saw legions of initial commenters mentioning regulations from all corners of the communications regulation sphere (see 2504140063, 2504140046 and 2504140037). Replies were similarly active and far-reaching.
Broadcasters called for the FCC to “delete” nearly every reporting and filing obligation the agency imposes on them in scores of comments posted in docket 25-133 Monday, but the agency should roll back ownership rules first, NAB said. Multichannel video programming distribution (MVPD) interests and allies repeatedly argued that the highly competitive video distribution marketplace necessitates doing away with rules they claim tip the competitive scales. The docket also received many comments from space interests and the telecom industry (see 2504140037 and 2504140046).
USTelecom warned that changes to pole attachment rules could harm broadband deployment under the BEAD program. In a filing posted Wednesday in docket 17-84, USTelecom cited recent filings by ACA Connects (see 2503110021), electric utilities and others. USTelecom members “are working to deploy broadband as quickly as possible and support Commission efforts to speed such deployments, including those funded through BEAD and other government programs,” the group said. “However, departing from the negotiated timelines required under the Commission’s current rules and adopting one-size-fits-all make-ready timelines for large make-ready orders will not speed deployment in BEAD or otherwise.”
The FCC is seeking suggestions on which of its rules should be eliminated in a docket (25-133) called “In re: Delete, Delete, Delete,” the agency announced in a news release and public notice Wednesday. “The FCC is committed to ending all of the rules and regulations that are no longer necessary. And we welcome the public’s participation and feedback throughout this process,” Chairman Brendan Carr said in the release. “For too long, administrative agencies have added new regulatory requirements in excess of their authority or kept lawful regulations in place long after their shelf life had expired.”