Broadband deployment continues in a timely manner and adoption rates are rising, ISPs said in comments about the FCC's annual Section 706 report on the state of competition in the broadband marketplace (see 2409060058). In addition, some urged that the commission refrain from including metrics on pricing and adoption rates in its final analysis. Others said the FCC should refine the broadband data collection (BDC) process and national broadband map.

The FCC's reclassification of broadband as a Title II telecom service under the Communications Act is a "straightforward" violation of the major-questions doctrine, ISPs told the 6th U.S. Circuit Court of Appeals in a reply brief filed Wednesday (docket 24-7000). USTelecom, NCTA, CTIA, ACA Connects, the Wireless ISP Association, and several state telecom groups argued the provision of internet access has "always been the core driver of the information-service classification and that function remains unchanged today" (see 2409120032). The FCC "offers little more than its say-so to support its contrary view," the coalition said, adding that its "forced forbearance and strained reclassification of mobile broadband" underscores "how poorly broadband fits into the Title II scheme." The groups argued that the FCC "lacks any good explanation from departing from its prior view" that the costs of reclassification outweigh any benefits and hasn't addressed the major questions doctrine's "obvious political salience." Congress didn't clearly authorize the FCC to classify broadband as a telecom service, the groups noted, adding it should remain a Title I information service because it includes domain name systems and caching, which are "integral information-processing components." The coalition also argued the FCC lacked statutory authority to classify mobile broadband as a commercial mobile service under Title II because it's not part of the public switched network, or the ten-digit telephone network, which is "distinct" from the public internet.

Title I or Title II of the Communications Act would bar the New York Affordable Broadband Act (ABA), said amici supporting ISP groups in briefs Friday at the U.S. Supreme Court. NCTA, a cable industry group that didn’t join the original May 2021 challenge that several national telecom associations filed in a district court, said the ABA “would impose unprecedented and unlawful rate regulation on broadband services.” The Multicultural Media, Telecom and Internet Council (MMTC) also condemned the state law. “If the ABA becomes effective, it will achieve the opposite of what it purports to accomplish, making it harder for communities of color to subscribe to broadband.”

Commenters largely showed support for NTIA's proposed guidance that would allow the use of alternative technologies for broadband, equity, access and deployment program projects in locations where fiber may not be the most suitable option (see 2408260048). Comments were due Tuesday. Additional comments will be made public after an initial review, an NTIA spokesperson told us.

After more than a year of meetings, the NAB-led, FCC-involved ATSC 3.0 task force, the Future of TV Initiative, hasn’t reached consensus on controversial topics, we're told. Its members include broadcasters, cable interests, and consumer and public interest groups. Its first meeting was in June 2023, and it was expected to issue a final report in the fall, yet members told us that it's likely merely to reiterate many of the positions stakeholders held going into the effort. It's also unlikely to provide a firm timeline for the sunset of ATSC 1.0. Just before the initiative's launch, ATSC President Madeleine Noland said the goal was for the diverse group to “chart a path forward together,” and NAB told us the goal was to make concrete recommendations to the FCC by June 2024.

Air5 company focused on aligning wired and wireless networks, names Jeff Brown, ex-AutoPylot Technologies and former Verizon, as CEO … Eric Kolte, ex-Blue Origin, joins Titans Space as founding chief development officer ... Samsara cloud company announces Lacework’s Meagen Eisenberg as chief marketing officer … FreeWheel, global tech platform for the TV industry, taps Kris Magel, ex-Samba TV, as head of global agency partnerships … ACA Connects elects board, including new members Jonathan Bullock, Hotwire; Katherine Gessner, MCTV; and John Walburn, Cable One; also appoints Cogeco’s Paul Cowling to replace Leslie Brown of Cogeco’s Breezeline … Walt Disney Co. board names board member James Gorman to chair its succession planning committee.

ISP and banking groups urged that the FCC update letter of credit (LOC) rules for its high-cost universal service programs. In reply comments posted Tuesday in docket 24-144, the groups said the record reflected overwhelming support for changes to the rules. Weiss Ratings founder Martin Weiss defended the "independence, objectivity, and accuracy" of the company's ratings in a letter to the FCC.

FuboTV will likely succeed in proving that the planned ESPN/Warner Bros. Discovery/Fox Sports streaming joint venture will violate federal antitrust law, a federal judge ruled Friday as she granted plaintiff Fubo a preliminary injunction to block it. The sports streaming JV, Venu, has raised anticompetitive concerns on the part of some federal lawmakers (see 2404170067).

The FCC’s Communications, Equity and Diversity Council may lobby for affordable connectivity program funding, according to comments at Tuesday’s CEDC meeting, the second under a new charter that lasts until 2025. The CEDC has 10 months to prepare recommendations for the FCC on implementing digital discrimination rules and getting the most for underserved communities out of federal broadband infrastructure funding, Chair Heather Gate said. “We must make recommendations to the FCC directly, but we should not be afraid to make recommendations that the FCC can communicate with other agencies,” Gate said. “We may also ask the FCC to communicate our recommendations with the White House or Congress."

Seeking to invalidate New York’s Affordable Broadband Act, ISP groups asked that the U.S. Supreme Court review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the state law. However, SCOTUS should wait until lower courts finish reviewing the FCC’s net neutrality order, CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association said in a petition for a writ of certiorari Monday.