USTelecom urged legislative action to shore up lawmakers’ mandate for the USF amid the “existential threat” posed by the 5th U.S. Circuit Court of Appeals’ 2024 en banc decision that the program’s contribution factor is unconstitutional (see 2407240043). The U.S. Supreme Court is reviewing the 5th Circuit’s ruling (see 2501170046). In an open letter Friday, USTelecom said Congress should “reaffirm” its bipartisan will to maintain USF “and reform how the program is funded.” It added, “Reform must begin by requiring Big Tech companies that benefit massively from universal connectivity to join in contributing to this vital national commitment.” Some lawmakers and other observers believe Senate Commerce Committee Chairman Ted Cruz, R-Texas, may move Congress’ USF revamp toward making the program subject to the federal appropriations process (see 2411270060). In addition, USTelecom said NTIA, under President Donald Trump, “should roll back rate regulation and other requirements” for the $42.5 billion BEAD program “that Congress never asked for, while retaining a significant role for fiber, the high-speed broadband gold standard.” Removing BEAD requirements Congress didn’t mandate in the 2021 Infrastructure Investment and Jobs Act “would shed the unwanted baggage and accelerate what matters most -- getting the work of connecting everyone done,” USTelecom said. “Restoring a tight focus on the mission -- broadband deployment – can dramatically accelerate efforts to fill gaps in high-speed service, helping unlock economic opportunities and access to innovation throughout” the country. USTelecom also urged lawmakers to “move again” on the American Broadband Deployment Act permitting package that the House Commerce Committee approved in 2023 (see 2305240069). The measure, which groups together more than 20 GOP-led connectivity permitting bills, drew unanimous opposition from House Commerce Democrats, and local government groups continued lobbying against it last year (see 2409180052). “Congress should green light speeding up approvals for more broadband projects on federal lands,” USTelecom said: “With a third of our nation’s land under federal control, federal permitting reform would provide an immediate adrenaline shot to the capacity, sophistication, reach and security of our nation’s information infrastructure.”
President-elect Donald Trump said Thursday he plans to nominate Senate Armed Services Committee Republican staffer Olivia Trusty to the FCC seat that current Chairwoman Jessica Rosenworcel will vacate Jan. 20. Multiple former FCC officials and communications sector lobbyists told us they expected Trump would also announce as soon as Thursday that Senate Commerce Committee Republican Telecom Policy Director Arielle Roth is his pick for NTIA administrator. A range of ex-FCC officials and other observers previously named Trusty and Roth as top contenders for the Rosenworcel seat, although some believed Roth’s ties to Senate Commerce Chairman Ted Cruz, R-Texas, made her a slight front-runner (see 2412110046).
NTCA joined other industry groups in opposing a Fine Point Technologies' request (see 2411270048) that the FCC launch a rulemaking on standardized broadband speed testing protocols. USTelecom, NCTA and the Wireless ISP Association opposed the ask in initial comments last month (see 2412300034). “The final performance testing rules recognize the diversity of the marketplace and accordingly permit covered providers to select pathways toward performance measurements that best meet the individual needs of the company, whether based on company size, technology specifications, or other considerations as may be relevant to the provider,” NTCA said in reply comments this week in RM-11991. “The Petition’s request to impose ‘standardized broadband speed testing protocols’ is unnecessary and would moreover introduce vast and costly ramifications to a program that has demonstrated success in the half-decade since the rules were promulgated,” NTCA said.
Several groups on Friday filed a petition to the U.S. Supreme Court for a rehearing of its December order denying a writ of certiorari regarding the FCC's classification of broadband. ACA Connects, USTelecom, CTIA, the Satellite Broadcasting and Communications Association, and the New York State Telecom Association cited the 6th U.S. Circuit Appeals Court's narrow decision overturning the FCC's order (see 2501020047). That decision "establishes the [2nd] Circuit’s decision as a conflicting outlier," they said.
The company challenging Hobbs Act limits on lower court review of an FCC decision in a Telephone Consumer Protection Act case told the U.S. Supreme Court the government and its supporters are seeking “a strikingly broad reading” of the act. SCOTUS is scheduled to hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.
The telecom industry and public interest groups supported government arguments asking the U.S. Supreme Court to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program (see 2501090045). In a decision that sent shock waves through the telecom industry, judges on the conservative circuit agreed with Consumers' Research that USF violates the Constitution by improperly delegating Congress’ power to the FCC and the agency's power to a private company, the Universal Service Administrative Co. (see 2412100060).
USTelecom, NTCA and the Competitive Carriers Association congratulated Sen. Ted Cruz, R-Texas, Tuesday night and Wednesday for his official accession to become Senate Commerce Committee chairman (see 2501070083). Cruz “has long shared the broadband community’s deep commitment to ensuring the United States remains a global leader in innovation and connectivity,” USTelecom CEO Jonathan Spalter said. “Together, we can and will advance the promise and power of broadband innovation across all corners of America.” CCA CEO Tim Donovan said Cruz “has been dedicated to fostering growth, innovation, and U.S. leadership in the telecommunications marketplace, including in rural America. We look forward to continued collaboration with him and the entire Commerce Committee to preserve and expand connectivity nationwide for all Americans.” NTCA and its members “look forward to working with the chairman and the entire committee to advance and sustain connectivity in rural America,” said CEO Shirley Bloomfield.
The 6th U.S. Circuit Court of Appeals ruling overturning the FCC’s latest net neutrality order Thursday was based on the court’s reading of the Communications Act and failed to dive into major questions items, as laid out in recent U.S. Supreme Court decisions (see 2409030030). It also means the next FCC, under President-elect Donald Trump, likely won’t spend its early days on a reversal of the order, which was approved 3-2 in April (see 2404250004).
USTelecom, NCTA and the Wireless ISP Association separately opposed Fine Point Technologies' request (see 2411270048) that the FCC launch a rulemaking on standardized broadband speed testing protocols. Comments were posted Monday in RM-11991 in response to a Consumer and Governmental Affairs Bureau inquiry.
Four major trade associations urged that the U.S. Supreme Court reject arguments that a lower court can review an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. That view largely supports U.S. government arguments on the important role the act plays (see 2412240022). SCOTUS is scheduled to hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.