Incoming House Commerce Committee Chairman Brett Guthrie, R-Ky., said Friday he selected Rep. Richard Hudson, R-N.C., as Communications Subcommittee chairman for the next Congress, as expected (see 2412170053). Rep. Rick Allen, R-Ga., will be the subcommittee’s vice chairman, Guthrie said. Hudson was a House Communications member during the last Congress but moved off in 2023. He is a Next-Generation 911 Caucus co-chair and last year championed allocating $14.8 billion in future FCC auction proceeds to pay for NG-911 tech upgrades (see 2305240069) as part of House Commerce’s Spectrum Auction Reauthorization Act (HR-3565). Hudson's “expertise will help propel our country into the next generation economy,” Guthrie said. Hudson “will close the digital divide for rural America, affirm U.S. leadership in next generation telecommunication networks, and protect our critical communications infrastructure from adversarial attacks.” Hudson said he plans to work with Guthrie, President-elect Donald Trump and other House Commerce members “to advance strong, commonsense policies that promote innovation, streamline federal regulations, and bridge the digital divide.” He will replace current Communications Chairman Bob Latta, R-Ohio, who was term-limited from seeking the gavel again and will instead lead the Energy Subcommittee. Guthrie said House Innovation Subcommittee Chairman Gus Bilirakis, R-Fla., will continue leading what will be renamed next Congress the Commerce, Manufacturing and Trade Subcommittee. Several communications industry groups released brief statements congratulating Hudson on his selection as the Communications chairman. Hudson and Allen “understand the importance of ubiquitous connectivity, especially in service of rural, un-served and under-resourced communities; and the need for balanced spectrum and light touch regulatory policies which boost broad-based innovation while also being small-business friendly,” said Wireless ISP Association Vice President-Government Affairs Matt Mandel. USTelecom CEO Jonathan Spalter said the broadband industry is “excited to work with [Hudson], his team and his subcommittee to turbocharge the next phase of American connectivity, innovation and technology leadership.” NTCA CEO Shirley Bloomfield said the group “and its members, including those who live in and serve communities in Rep. Hudson’s district, look forward to working with him to ensure that rural Americans have access to high-quality, affordable and sustainable broadband networks.”

Facing SEC requirements of prompt public disclosure of material cybersecurity incidents, many companies are reporting out of fear of violating the rules, sometimes going public with nonmaterial incidents, cybersecurity experts say. In an FCBA CLE Monday, Wiley cybersecurity lawyer Josh Waldman said the SEC's lawsuit against SolarWinds over the software company's disclosure practices seemed like it would trigger vast under- or overreporting, with the latter seemingly emerging as the dominant trend. While there's a willingness among agencies and Congress to harmonize different agencies' privacy, data security and cybersecurity rules, there's not a clear way of doing so, cybersecurity experts said.

The U.S. Supreme Court Monday denied to review a petition from telecom groups challenging a New York law requiring that ISPs offer a certain plan for eligible low-income households (see 2404260051). The Affordable Broadband Act requires $15 monthly plans providing 25/3 Mbps speeds. Some saw the decision to uphold the 2nd Circuit's ruling in favor of the law as unsurprising given the legal battle over the FCC's reclassification of broadband as a Title II telecom service (see 2410010024).

Judges appeared to differ Thursday as the 6th U.S. Circuit Appeals Court heard an ISP petition to overturn the FCC’s controversial data breach notification rules, which commissioners approved 3-2 a year ago (see 2312220054). Commissioners Brendan Carr and Nathan Simington dissented (see 2312130019). In 2017, a Congressional Review Act resolution of disapproval rescinded similar regulations that were part of the commission's 2016 ISP privacy order (see 2312200001).

House Health Subcommittee Chairman Brett Guthrie, R-Ky., cited work to “beat China” and “protect our children online” Monday night as among his Commerce Committee priorities for the next Congress after the House Republican Steering Committee said earlier in the afternoon it selected him as the panel's next chairman (see 2412090072). Guthrie prevailed in the Commerce gavel race over current Communications Subcommittee Chairman Bob Latta, R-Ohio, who is term-limited out of that role at the end of this Congress. The full House GOP conference still must sign off on Guthrie’s selection, but this is typically a formality. Guthrie said Monday night he is “honored that my colleagues have selected me to serve as” the next Commerce chairman. He plans to “work alongside” President-elect Donald Trump, House Speaker Mike Johnson of Louisiana and other GOP leaders to “deliver on our America First agenda.” A Congressional Spectrum Caucus co-chair and a past House Communications member, Guthrie said earlier this year an airwaves legislative package would be a top priority if he became Commerce chairman, and it didn't already pass this year (see 2404110059). Guthrie also backs a Universal Service Fund revamp (see 2411270060). Retiring House Commerce Chair Cathy McMorris Rodgers, R-Wash., praised Guthrie's “leadership, determination, and policy acumen.” She is “confident that he will rise to this historic moment of unified Republican control of government to deliver on issues and policies at the forefront of powering our economy,” including on tech issues. Latta also applauded Guthrie, as did several communications industry groups. USTelecom CEO Jonathan Spalter said Guthrie’s “leadership and dedication to expanding broadband access have been instrumental in connecting communities across the nation.” As Commerce chairman, Guthrie “will bring focus and common sense leadership as we work together to advance our shared goal of universal connectivity,” Spalter said. NTCA CEO Shirley Bloomfield said Guthrie “understands firsthand the needs of rural communities and the benefits of connectivity for commerce, education and healthcare in these areas.” In a statement, Competitive Carriers Association CEO Tim Donovan praised Guthrie for being “a longtime leader on spectrum, security and rural connectivity issues.”

Many questions remain about how the U.S. Supreme Court will decide FCC v. Consumers’ Research, lawyers involved in the case said Tuesday during an FCBA webinar. The USF case is expected to be heard in the spring. SCOTUS decided last month to hear a challenge to the 5th U.S. Circuit Court of Appeals' 9-7 en banc decision, which found the USF contribution factor is a "misbegotten tax.” Consumers' Research challenged the contribution factor in the 5th Circuit and other courts.

Fiber's carrying capacity and ability to support symmetrical speeds is particularly significant for AI applications, where symmetrical speeds are a must, USTelecom CEO Jonathan Spalter blogged Friday. "A robust digital infrastructure is essential" for generative AI's success, he said. Spalter noted a Global Enabling Sustainability Initiative report about the environmental friendliness of fiber compared with copper. He said "outdated regulations are hindering the progress of broadband innovation, tethering providers to outdated, legacy technology at the expense of investment in modern, digital networks." Government policies -- often crafted before fiber optics was available -- "must keep up."

Communications industry executives and former federal officials said during a Practising Law Institute event Tuesday they see a likely GOP-led budget reconciliation package next year as a potential vehicle for legislation that would reinstate the FCC’s lapsed spectrum auction authority. House Commerce Committee leaders and Senate Commerce Committee Chair Maria Cantwell, D-Wash., have repeatedly attempted to reinstate the authority during this Congress only to have their efforts stall (see 2409170066).

Competition is a better guarantor of good customer service than FCC rules, multiple industry groups said as they pushed back against proposals floated in the FCC's customer service NOI. The NOI was adopted 3-2 in October along party lines (see 2410230036). In comments in docket 24-472, which were due Friday, some industry groups also argued that the agency lacks legal standing on customer service rules. "Careful consideration will confirm that the Commission lacks anything like the plenary authority" to adopt a single set of customer service rules, CTIA said. Disability advocacy organizations, meanwhile, made suggestions for customer service requirements.

The U.S. Supreme Court granted the FCC's cert petition challenging the 5th U.S. Circuit Court of Appeals' ruling in favor of Consumers' Research's challenge of the USF contribution methodology (see 2410010024). In a docket 24-254 notation Friday, SCOTUS said that along with the questions raised in the petitions, it wanted the parties to brief and argue about whether the case is moot given the challengers' not seeking preliminary relief before the 5th Circuit. NTCA, Competitive Carriers Association and USTelecom in a statement said they were "grateful" SCOTUS was taking up the petition. "The Fifth Circuit’s decision is contrary to Supreme Court precedent and the decision of several other circuit courts of appeals, and it threatens to undermine universal service programs that, for many decades, have served to promote the availability and affordability of critical communications services for millions of rural and low-income consumers, rural health care facilities, and schools and libraries across the nation," they said. "We look forward to presenting arguments in defense of the USF contribution mechanism as the case moves forward, and ultimately to dispelling the uncertainty that these challenges have created in furthering our nation’s mission of universal service.” Also applauding the high court's move, the Schools, Health and Libraries Broadband Coalition said the 5th Circuit decision "has no precedent in prior Supreme Court jurisprudence." It said it's "further encouraged by the Supreme Court's request that parties brief the question whether the Consumers' Research challenge is moot."