The International Center for Law & Economics (ICLE) told the FCC that T-Mobile’s proposed buy of “substantially all” of UScellular’s wireless operations, including some of its spectrum (see 2405280047), should have little effect on wireless competition. “UScellular is a struggling regional carrier with significant structural disadvantages compared to national carriers like AT&T, Verizon, and T-Mobile,” said a filing posted Thursday in docket 24-286: “T-Mobile sets its plan prices nationally and does not adjust them based on localized competition, including UScellular’s presence, pricing, or service offerings and quality.” ICLE said given UScellular’s size, “limited footprint, and uncompetitive pricing,” it “plays no role as a ‘maverick’ disrupting the market and is unlikely to do so into the foreseeable future.”
Incoming House Commerce Committee Chairman Brett Guthrie, R-Ky., said Thursday he's naming Joel Miller, former chief of staff to former FCC commissioner Mike O’Rielly, as the panel’s chief counsel. Miller, who was previously Guthrie’s deputy chief of staff and legislative director, since leaving the FCC worked at LinkedIn and the Information Technology Industry Council. As chief counsel, Miller will manage "the policy and legislative strategy" of House Commerce and oversee the Communications Subcommittee and other subpanels, Guthrie’s office said: He will also “coordinate the Committee’s policy and legislative work with Members, leadership, and the broader Republican Conference to advance the House Republican legislative agenda.” Guthrie said he’s naming former House Oversight Committee Deputy Staff Director Jessica Donlon as Commerce’s general counsel and former Small Business Committee Communications Director Matt VanHyfte as Commerce's communications director.
Consumers’ Research asked the 5th U.S. Circuit Court of Appeals to vacate the FCC’s USF contribution factor for Q1 of this year, set by the agency last month. The group, and its allies, had already asked the FCC to zero out the contribution factor (see 2412130016), calling it “an unconstitutional tax raised and spent by an unaccountable federal agency.” The 5th Circuit earlier found in a 9-7 en banc decision that the contribution factor is a "misbegotten tax.” That decision is before the U.S. Supreme Court (see 2412100060). “Congress’s standardless delegation to the FCC of legislative authority to raise and spend nearly unlimited money via the Universal Service Fund violates Article I, section 1 of the U.S. Constitution,” said the filing with the court: USF charges “are taxes and therefore Congress’s standardless delegation to the FCC of authority to raise and spend nearly unlimited taxes violates Article I, section 8” of the Constitution.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New cases are marked with an *.
California's top assemblymember on communications is concerned about the state's process for distributing broadband cash and what President-elect Donald Trump might do to its $1.86 billion federal BEAD allocation. In an exclusive Communications Daily Q&A ahead of Monday's opening of the new legislative session, Assembly Communications and Conveyance Committee Chair Tasha Boerner (D) said she expects she will resurrect her proposal that creates a single state broadband office. And the committee will try again on a digital discrimination bill that failed to pass in the last session. Our conversation below with Boerner was lightly edited for length and clarity.
The FCC released this week its biannual Communications Marketplace Report, which commissioners approved 3-2 with Republican Commissioners Brendan Carr and Nathan Simington dissenting. Carr, President-elect Donald Trump’s pick to lead the agency, objected, as he has in the past, to the focus on market segments rather than on the converged market (see 2101040051).
The 6th U.S. Circuit Court of Appeals ruling overturning the FCC’s latest net neutrality order Thursday was based on the court’s reading of the Communications Act and failed to dive into major questions items, as laid out in recent U.S. Supreme Court decisions (see 2409030030). It also means the next FCC, under President-elect Donald Trump, likely won’t spend its early days on a reversal of the order, which was approved 3-2 in April (see 2404250004).
The FCC released on Tuesday an order reallocating the 2360-2395 MHz band on a secondary basis for space launch operations (see 2412190044). Commissioners approved the order 5-0 Dec. 23, ahead of the Dec. 25 statutory deadline set in the Launch Communications Act, which was enacted in September (see 2409270060). The order also incorporates the band into the FCC’s Part 26 space launch regulatory framework, which includes space launch licensing and frequency coordination rules. “To protect critical federal and non-federal flight testing operations,” the FCC also incorporates into the Part 26 rules “certain technical rules” from the agency’s Part 87 rules covering aviation industry communications. “Throughout this proceeding, the Commission has recognized that reliable spectrum access for space launch operations, which includes transportation of cargo and people into space, orbital launches to place satellites into space, and suborbital launches, is crucial to ensuring that the United States remains a global leader in space and innovation,” the order said: “Today, by implementing the recent Congressional directive, we take further steps to ensure that commercial space launch companies have reliable access to the necessary radio spectrum to communicate with their launch and reentry vehicles.” The 2360-2395 MHz band comes atop the 2025-2110 and 2200-2290 MHz allocations for space launch activities commissioners approved in the fall (see 2309210055).
The FCC Office of International Affairs in a public notice Monday released circuit capacity data for U.S.-international submarine cables as of Dec. 31, 2023. The data includes capacity information from submarine cable landing licensees and common carriers that owned or leased capacity on a cable in the covered period.
The FCC Enforcement Bureau imposed a $20,000 fine against Root Automation and 4Fast.net for allegedly not filing FCC Form 477 20 times and filing it late once. The FCC uses the form to collect data on broadband deployment and local telephone competition. In response to a 2021 notice of apparent liability, the company “expressed its disagreement ‘with the legal synopsis of why the 477 process exists,’” the bureau said: “The Company asserts that it ‘is not able to submit any FCC 477 information at this point’ because it ‘is unable to satisfactorily trust that the FCC is acting legally.’” The bureau rejected these arguments, noting it “has long recognized that violations of the FCC Form 477 filing requirements are significant because it is a critical fact-gathering instrument that informs the Commission’s efforts to advance broadband availability,” said the order in Tuesday’s Daily Digest.