The FCC on Friday modified the licenses of 28 entities that received waivers to operate intelligent transportation systems in the 5.9 GHz band prior to adoption of final rules for cellular-vehicle-to-everything use of the band in November (see 2411210054). The licensees are primarily state departments of transportation and local governments. “The proposed modification would ensure that after their waiver authority expires, the C-V2X Waiver Recipients’ original licenses will be modified to comply with the final CV2X-based rules adopted in the 5.9 GHz Second Report and Order,” said an order posted Friday by the FCC Public Safety and Wireless bureaus. The modifications are “within the Commission’s statutory authority, consistent with prior Commission practice, and will promote the public interest, convenience, and necessity, given the role these licenses play in supporting public safety networks and improving transportation safety,” the FCC said.
With the 6th U.S. Circuit Court of Appeals ruling overturning the FCC’s latest order (see 2501020047), the U.S. has likely seen the last gasps of net neutrality, Free State Foundation President Randolph May said in the Yale Journal on Regulation. “Because of Loper Bright’s burial of Chevron deference, there’s a good chance that the ‘net neutrality’ saga, finally, may be over, at least in the courts,” May wrote. “With the impending change in the FCC’s makeup, there’s virtually no chance the agency will seek reconsideration or appeal to the Supreme Court,” he added. Other parties in the litigation “favoring regulating ISPs like public utilities could pursue those avenues, but it’s unlikely they will want to risk a Supreme Court decision affirming the Sixth Circuit decision.” Congress, not the FCC, is “the appropriate forum for the debate regarding adoption of a proper policy framework for broadband providers.” Daniel Lyons, a nonresident senior fellow at the American Enterprise Institute, also praised the 6th Circuit decision. “The court eschewed the easier path of ruling under the Major Questions Doctrine and instead tackled the complex and often contradictory language of the Communications Act,” Lyons wrote in a Thursday blog post. He saw the decision as a win for industry and innovation. The FCC can no longer “impose a one-size-fits-all business model on broadband providers, allowing them to explore innovations like 5G network slicing without fearing regulatory backlash,” he said: ISPs “are no longer at risk of rate regulation and other regulatory requirements that come with Title II classification, a category originally designed to discipline the telephone system.”
The FCC in a U.S. Supreme Court filing defended the USF in general, and the contribution factor more specifically, as the justices prepared to hear what could be the most consequential FCC case in years (see 2412100060). SCOTUS agreed in November to review the 5th U.S. Circuit Court of Appeals' 9-7 en banc decision, which sided with Consumers' Research and found that the USF contribution factor is a "misbegotten tax.”
The FCC Public Safety Bureau on Wednesday released rules for new multilingual templates for wireless emergency alerts. It sought comment in a public notice last year (see 2405130047). The order adopts templates for the 18 “most commonly issued and most time-sensitive types of alerts, which will be available in English and the next 13 most commonly spoken languages” in the U.S. “We promote the flexibility and effectiveness of these templates by requiring Participating … Providers to support the ability for alert originators to customize the alerts using event-specific information,” the order said. The order also adopts non-fillable American Sign Language (ASL) templates -- video files of the alert messages in ASL that don’t include the same elements required in other templates. “Together, these steps further the Commission’s goal of ensuring that WEA remains an essential and effective public safety tool that allows alert originators to warn their communities of danger and advise them to take protective action,” the bureau said. The alerts cover tornado emergency, tornado warning, flash flood emergency, flash flood warning, severe thunderstorm, snow squall, dust storm, hurricane, storm surge, extreme wind, test alert, fire, tsunami, earthquake, boil water, avalanche, hazardous materials and 911 outage. “We decline to adopt evacuation and shelter-in-place templates and defer consideration of other templates at this time,” the order said. The issue of whether participating providers “should be required to support additional templates, including an ‘all-clear’ template and other templates suggested by commenters in the record, is still under consideration by the Bureau at this time,” the order said in a footnote. The bureau addressed concerns CTIA and others raised about problems with preinstalled alerts (see 2406140051). “We agree that there are certain key technical issues to work through during the standards development process, but disagree insofar as commenters suggest these are barriers to adopting fillable templates that cannot be overcome,” the order said. The bureau agreed with CTIA that “dynamically translating the fillable fields would be technically infeasible at this time.” The order imposes a deadline of compliance within 30 months following publication in the Federal Register. CTIA and ATIS had questioned whether that timeline was workable. The bureau agreed with CTIA “that requiring the English message to appear alongside the multilingual template serves as an important public safety redundancy.” It agreed with ATIS “that displaying the English and multilingual versions together” is “technically feasible.” The bureau also agreed with CTIA that “fillable ASL templates are not technically feasible at this time.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New cases are marked with an *.
A November FCC order establishing the Alaska Connect Fund (see 2411050002) is effective Jan. 30, said a notice for Tuesday’s Federal Register. “While the original Alaska Plan and other Alaska support mechanisms have helped make significant progress in Alaska, many areas in the state remain unserved or underserved,” the notice said: “An estimated 51,000 Alaskans still receive 3G service -- an outdated technological standard -- or worse.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The House voted 366-34 Friday evening to pass a revised version of the American Relief Act (HR-10545), likely averting a government shutdown that was otherwise set to occur at midnight. The Senate was viewed as likely to pass the measure later Friday, and the White House said President Joe Biden would sign it. The House had voted 174-235 Thursday night against the previous HR-10515, which combined a stripped-down CR and two-year debt ceiling suspension (see 2412190070), receiving President-elect Donald Trump’s endorsement. HR. The approved measure jettisons the debt-ceiling suspension but preserves a farm bill extension through Sept. 30, 2025, and disaster relief funding. Trump had demanded immediate debt ceiling action, along with his criticism of congressional leaders’ initial, more expansive CR proposal earlier last week (see 2412170081).
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.