WISPA: FCC Wi-Fi Hot Spot Proposal May Fail Legal Scrutiny
The Wireless ISP Association questioned whether the FCC has legal authority to adopt a draft order and Further NPRM that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. The issue is set…
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for a July 18 vote (see 2406270068). WISPA said in light of the U.S. Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo (see 2406280043), “the Commission’s authority to adopt the rules proposed in the Draft Order may not withstand judicial scrutiny.” Loper overturned the Chevron doctrine, which gave agencies like the FCC deference in interpreting laws that Congress approved. WISPA said if the FCC moves forward anyway, it should expand the rules to also support fixed wireless connections and citizens broadband radio service deployments. A WISPA representative spoke with aides to Chairwoman Jessica Rosenworcel and Commissioners Brendan Carr and Nathan Simington, a filing Wednesday in docket 21-31 said.