The narrow targeting of Maryland’s so-called tax on digital ad revenue may suggest it’s primarily a punishment that federal courts are permitted to review under the U.S. Tax Injunction Act (TIA), 4th U.S. Circuit Court of Appeals Judge Julius Richardson said at oral argument Wednesday. The 4th Circuit is reviewing an appeal by the U.S. Chamber of Commerce of the March 2022 decision by the U.S. District Court in Baltimore to dismiss the Chamber’s challenge of the tax, plus the district court’s December dismissal of the Chamber’s challenge to the tax’s pass-through ban (case 22-2275). The 4th Circuit should remand all counts back to district court, argued the Chamber’s attorney Michael Kimberly of McDermott Will.
Some state broadband directors said they don't anticipate multiple rounds of broadband equity, access and deployment (BEAD) program bidding by providers due to the tight 12-month time frame between when NTIA approves initial state proposals and when finalized proposals with the list of subgrantees are due to the agency. There's also concern there will be serviceable locations that don't get provider bids, and it's not clear how to address those without more bidding rounds, said Brian Newby, North Dakota broadband program director, at a Broadband Breakfast webinar Wednesday.
Industry groups sought clarification of a draft FCC order and Further NPRM that would address concerns about numbering resources for VoIP providers and general oversight of numbering access. Commissioners will consider the item during their open meeting Thursday (see 2308310059). The Voice on the Net Coalition urged the FCC to make targeted edits on certification requirements and compliance with state regulations.
The FCC seems likely to adopt the 5G Fund Further NPRM largely as proposed by FCC Chairwoman Jessica Rosenworcel (see 2308300062), industry officials said. Only the Rural Wireless Association raised questions at the FCC or asked for changes tied to preserving some legacy support (see 2309120044).
The 2024 presidential election shouldn’t, and likely won’t, deter FCC Democrats from moving forward on their policy agenda now that they're on the cusp of a 3-2 majority well over two years into President Joe Biden’s term, said lawmakers and former commission officials in interviews. Many expect a flurry of FCC activity once Democrat Anna Gomez, confirmed by the Senate earlier this month, formally signs on as a commissioner 2309070081). Multiple FCC-watchers and former officials pooh-poohed the conventional wisdom that the agency avoids major, controversial actions during election years.
FTC and DOJ leadership are approaching their antitrust merger guideline review (see 2309180059) with an “open mind,” FTC Economics Bureau Director Aviv Nevo said Tuesday, acknowledging some are “unhappy” with the process. Consumer advocates and industry representatives offered stark opinions about the draft document.
The Nebraska Public Service Commission is taking too long to help farmers needing precision agriculture capabilities, Commissioners Kevin Stocker and Christian Mirch said Tuesday. The Republicans said no in a 3-2 vote for an order seeking more feedback in a grantmaking case in which there has been confusion over funding. Later Tuesday, the PSC considered guidelines for leasing dark fiber owned by the state and political subdivisions.
Judges on the 5th U.S. Circuit Court of Appeals questioned the FCC on how the commission structures its Universal Service Fund and oversees the role the Universal Service Administrative Co. plays in determining quarterly contribution factors during an en banc hearing Tuesday. Some pressed Consumers' Research on how the private nondelegation doctrine applied to its challenge of the Q1 2022 USF contribution factor (see 2309010060).
DOJ sided with Dish Network, against T-Mobile, over whether Dish should get more time to buy 800 MHz spectrum, filing Tuesday in the U.S. District Court for the District of Columbia, which is handling T-Mobile’s buy of Sprint (see 2308170065). The government supports giving Dish until April 1 to buy the spectrum, or pay a $72 million fee for walking away from the deal (see 1907260071). Dish asked for an extension through June 30.
Telecom-focused congressional leaders are voicing interest in including a temporary restoration of the FCC’s auction authority in a continuing resolution to extend federal appropriations past the end of FY 2023 Sept. 30. Lobbyists and observers told us they remain doubtful about Capitol Hill’s appetite for such a move due to the factors that hindered talks on a broader spectrum legislative package (see 2308070001). Senate Appropriations Financial Services Subcommittee members sounded alarms about the remit’s lapse during a Tuesday hearing on the FCC’s FY 2024 funding request. House Communications Subcommittee member Rep. August Pfluger, R-Texas, also raised concerns during a Punchbowl News event the same day.