A draft further NPRM proposing the relaxation of some FCC requirements for broadband labels is expected to be approved at the agency’s Oct. 28 meeting, but it isn’t yet clear how Commissioner Anna Gomez will vote on it.

U.S. arguments that spectrum licenses don't confer property rights protected by the Fifth Amendment undermine wireless providers' reliance on those licenses and could chill investment, according to USTelecom. In an amicus brief filed this week with the U.S. Court of Appeals for the Federal Circuit (docket 25-1792), USTelecom said that if spectrum licenses don't confer any protected property right, a federal agency could unilaterally override a wireless provider's right to use spectrum without triggering a right to compensation. The same goes for other authorized use of public assets, including federal lands, it said. "That theory is breathtakingly broad -- and it cannot be right."

Given the growing problem of deliberate attacks on and damage to communications networks, Congress needs to close the loophole that excludes privately owned networks from federal protection, FCC Commissioner Olivia Trusty said Tuesday at a California event convened by the telecom industry to discuss the issue. She also said industry needs to do more to harden the targets of such attacks.

While USTelecom and other industry groups generally supported the FCC’s push to enable faster retirement of copper lines, other organizations raised concerns, especially over the role copper lines have historically played in emergency calling. Comments were due this week in docket 25-208.

Groups representing ISPs Monday asked the 6th U.S. Circuit Court of Appeals to rehear en banc an August decision upholding the FCC’s data breach notification rules, despite a Congressional Review Act action overturning similar requirements included with other privacy rules in 2017 (see 2508140052). Judge Jane Stranch wrote the 2-1 decision. Judge Richard Griffin dissented, saying the order was unlawful and should be set aside.

The FCC's arguments that its pole attachment regulatory authority extends to utility-owned light poles are legally dubious and practically untenable, utilities said in comments this week in docket 17-84. Commissioners adopted a pole attachments NPRM at the agency's July meeting (see 2507280053), and utilities, as expected, voiced their opposition to the light-pole proposal (see 2508290003). The proceeding also saw no clear consensus about requiring attachers to deploy within 120 days of pole make-ready work being done.

Telecom providers largely welcomed FCC proposals to streamline the agency’s slamming and truth-in-billing rules, according to their responses to an NPRM that commissioners approved in July (see 2507240055). Consumer and public interest groups disagreed, calling for some protections to remain in place. Comments were due Monday and mostly posted Tuesday in docket 17-169.

T-Mobile elevates COO Srini Gopalan to CEO, effective Nov. 1, replacing Mike Sievert, who becomes vice chairman of the company and board, a newly created position, and remains on the management team … Senate Commerce Chairman Ted Cruz, R-Texas, names Phoebe Keller, ex-Senate Finance Committee, as communications director … Jay Cho, formerly VMware, joins USTelecom as director of government affairs, replacing Nicole Henry, who's now with Siemens.

The Association of Public-Safety Communications Officials (APCO) and industry disagreed on whether there are any steps that the FCC should take now to spur adoption of next-generation 911. All agreed that regulators should move cautiously, echoing initial comments (see 2508050042). Reply comments were due last week in docket 21-479 on the Further NPRM that commissioners approved 4-0 in March (see 2503270042).

House Communications Subcommittee members traded partisan barbs during a Thursday hearing over a largely GOP-initiated set of broadband permitting bills (see 2509120072) that Democrats claim won’t be effective in speeding up connectivity buildout. Republicans filed many of the 29 bills in past Congresses, including several they previously combined into the controversial American Broadband Deployment Act (see 2305240069). Subpanel Democrats also punctuated the hearing with criticism of FCC Chairman Brendan Carr for threats against ABC and parent company Disney that resulted in the indefinite suspension of Jimmy Kimmel Live! (see 2509180055).