The wireless industry may pursue challenges to a city’s small-cell fees under Telecom Act Sections 253 and 332, ruled the U.S. District Court in Rochester, New York. However, in parallel orders Monday on separate complaints against Rochester from Verizon, ExteNet and Crown Castle, the court denied summary judgment motions by any industry plaintiff or Rochester. Whether the city’s fees reasonably approximate the city’s costs is a factual question that can’t be instantly resolved, said Chief Judge Elizabeth Wolford.
The FCC's rejection of SpaceX's Rural Digital Opportunity Fund Phase I auction long-form application (see 2208100050) could show agency skepticism about the satellite operator's potential that could affect how the FCC decides on any opening of the 12 GHz band to 5G, we were told. SpaceX has been one of the chief proponents of keeping the band solely for satellite use. Some proceedings watchers and participants see RDOF as separate, not having ramifications for the pending 12 GHz proceeding. The FCC and SpaceX didn't comment.
The Supreme Court postponed Georgia Public Service Commission elections. After nearly a month of uncertainty, SCOTUS in a Friday order restored a district court’s decision to stop this November’s Georgia PSC elections due to a voting rights issue. The decision closely followed a state court ruling that Georgia improperly tried to stop Democrat Patty Durand from challenging incumbent Tim Echols (R).
Lumen expects its sale of its incumbent local exchange carrier business in 20 states to Apollo's Brightspeed to close "early in the fourth quarter," pending “customary closing conditions,” the company announced Monday, after the FCC's approval last week. The companies announced the $7.5 billion deal in August 2021, with Lumen retaining ILEC assets in 16 states (see 2108030077). The deal received its final state regulatory approval from the New Jersey Board of Public Utilities in June (see 2206290041).
Industry experts say it’s not clear what will come next as a result of FCC letters asking wireless providers about their data collection practices. The letters, which Chairwoman Jessica Rosenworcel sent to providers last month, delve into data sharing and retention practices of providers (see 2207200064). They ask that responses be emailed directly to Rosenworcel. Industry lobbyists said the letters also could tie back to a broader Biden administration focus on data privacy in light of the Supreme Court decision in Dobbs v. Jackson, which overturned Roe v. Wade.
A draft order on regulatory fees circulated to FCC commissioners’ offices last week would create a 13% FY2022 regulatory fee increase for broadcasters and doesn’t include proposed shifts in the way full-time equivalents (FTEs) are allocated to bureaus, industry and FCC officials told us.
Tennessee Senate Republicans defended the rights of songwriters and musicians last week as the Supreme Court considers a case with implications for derivative works in every medium from photography and film to music and art (docket 21-869).
VoIP providers raised concerns about a possible California rulemaking to consider changes to licensing requirements and other obligations for internet-based voice. Consumer advocates applauded the California Public Utilities Commission for looking into an issue that affects USF support. Commissioners plan to consider the proposed order instituting rulemaking (OIR), plus items on state LifeLine and Starlink eligible telecom carrier status, at their Thursday meeting.
Advocacy organizations and industry groups welcomed an FCC notice of inquiry seeking ways to expand access to the Lifeline and affordable connectivity programs for survivors of domestic and sexual violence (see 2207140055). Some sought additional flexibility in providing eligibility documentation for survivors, in comments posted Friday in docket 22-238.
FirstNet is expected to file soon an application for renewal of the nationwide 700 MHz license it received in 2012, which expires Nov. 15, government officials told us. FirstNet Authority officials say renewal of the license is a top priority for the public safety network, being built by AT&T (see 2208170043). Industry experts said renewal likely won’t be a problem, though it would make sense for FirstNet to apply as soon as possible.