Fiber and wireless proponents faced off in comments this week on a California Public Utilities Commission rulemaking to develop state rules for distributing dollars from NTIA’s broadband, equity, access and deployment (BEAD) program (docket R.23-02-016). They disagreed on how high California should set its Extremely High Cost Per Location Threshold (EHCT), which will be used to determine what areas can get non-fiber broadband service. Commenters also debated how much the CPUC should add to requirements from the BEAD notice of funding opportunity (NOFO) and how much the state agency should rely on the FCC’s national map to determine what areas are served.

In its hunt for spectrum available for more-intensive use, NTIA was urged to look at the 12 GHz and upper 12 GHz bands, in comments submitted Monday responding to its request for comments on creating a national spectrum strategy (see 2303150066). CTIA said U.S. efforts to lead the world in 5G are threatened by the lack of a spectrum pipeline and the expiration of the FCC's spectrum auction authority.

If an international Section 214 authorization holder has had an application to transfer control or assign the authorization in the past five years and ownership hasn't materially changed, the FCC should give a way to certify this, Incompas said in a docket 23-119 filing Friday. Doing so would lower the burden and costs for complying with the Section 214 draft order on the April agenda and ensure the agency knows where it has information it needs in its records for a 214 review, it said. Rather than require 10-year renewals or three-year information submissions from 214 authorization holders, the agency could look at getting information it needs from authorization holders that have national security agreements from the agencies that require them to keep up-to-date information about their ownership and operations, it said. The filing recapped meetings with aides to the three regular commissioners and with Office of International Affairs Chief Ethan Lucarelli.

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.

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.