The 5th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's method for funding the USF under the nondelegation doctrine, in a ruling Friday (see 2212060070). The FCC "has not violated the private nondelegation doctrine because it wholly subordinates" the Universal Service Administrative Co., the court said, noting Congress "supplied the FCC with intelligible principles when it tasked the agency with overseeing" USF.
An FCC robotexting order approved Thursday (see 2303160061) and posted Friday interjects a changed focus from “unwanted” text messages to “potentially harmful” and “unlawful” texts. Officials said Thursday the order included “minor” tweaks addressing changes sought by Commissioner Brendan Carr and industry. CTIA was able to get several changes it sought, based on a side-by-side comparison. Commissioners made few changes to a Stir/Shaken order, also released Friday.
The FCC clamped down, for the first time, on robotexts and closed what it called a loophole in Stir/Shaken rules. Both items were approved, as expected (see 2303130049 and 2303140062), by unanimous votes Thursday with minor tweaks. Neither item has been posted.
Industry groups and broadband experts want flexibility in the buy American provision of the Infrastructure Investment and Jobs Act, per comments to OMB posted through Tuesday in docket OMB-2023-0004-0001. OMB sought comments on proposed revisions and clarifications to the IIJA's Build America, Buy America Act provisions. Some raised concerns about how the requirements could affect broadband deployment projects funded through NTIA's broadband, equity, access and deployment program and backed establishing a waiver process.
An order and Further NPRM on improving how Stir/Shaken works as a tool against unwanted and illegal robocalls is expected to be approved by FCC commissioners Thursday, potentially with a few tweaks addressing the handful of concerns raised by industry, industry officials said.
Lawmakers are beginning to forward to the White House the names of preferred contenders to replace Gigi Sohn as President Joe Biden's nominee to be the FCC's third Democrat, after the ex-candidate’s Tuesday announcement that she had asked the White House to withdraw her from Senate consideration (see 2303070082). The names of several potential contenders were also circulating among communications sector lobbyists, but several officials told us there's no prohibitive favorite in the immediate aftermath of Sohn's withdrawal. The White House didn't comment on its plans. The administration hadn’t formally withdrawn Sohn Friday.
FCC commissioners emphasized the need for action on spectrum policy and 5G, and more certainty on broadband affordability and deployment efforts, during Incompas’ policy summit Tuesday. Some industry experts also urged changes to sustain the USF because funding for the affordable connectivity program remains uncertain and the USF contribution factor continues to rise.
Uncertainty about the prospects for congressional leaders to break a Senate impasse on the length of a new short-term extension of the FCC’s spectrum auction authority led lawmakers and industry officials to renew warnings, during a Tuesday Incompas event and in interviews, about the potential consequences if Capitol Hill allows the commission’s current mandate to expire as scheduled Thursday. Senators have been grappling with whether to accept a House-passed bill that would renew the FCC’s remit through May 19 (HR-1108) to give lawmakers more time to negotiate a broader spectrum legislative package (see 2302240066). Senate Majority Leader Chuck Schumer, D-N.Y., implied Monday there wasn’t a deal then (see 2303060071).
The White House withdrew Gigi Sohn’s FCC nomination from Senate consideration Tuesday at her request, ending what had become an often fractious year-plus confirmation process that involved President Joe Biden naming her three times (see 2301030026). Sohn’s announcement followed shortly after Sen. Joe Manchin of West Virginia announced he'd be the first Senate Democrat to formally oppose her confirmation, but the former nominee and her supporters confirmed she reached her decision Monday. Sohn’s supporters grieved her withdrawal and strongly criticized her opponents inside and outside the communications sector for engaging in an unprecedented campaign of character assassination.
An extension of the FCC's auction authority through May 19 isn't yet assured amid hopes for a slightly longer renewal to give lawmakers even more time to negotiate a broader spectrum legislative package, several senators said in interviews Monday and Tuesday. The House passed its bill to temporarily reauthorize the FCC's mandate (HR-1108) Monday on a voice vote. Lawmakers have been wary about the current March 9 expiration of the FCC's remit due to the slow pace of legislative talks since this Congress returned Jan. 3 (see 2302220063).