The FCC appears unlikely to grant T-Mobile special temporary authority to launch service in the markets where it won licenses in last year’s 2.5 GHz auction, which ended almost a year ago. The agency declined to award the licenses, or grant a STA, after its auction authority expired earlier this year (see 2304260058).
The Senate Commerce Committee plans to vote Wednesday on three FCC nominees and commission inspector general candidate Fara Damelin, as expected (see 2306270067), the committee said Thursday. Incumbent Democratic Commissioner Geoffrey Starks and new pick Anna Gomez got copious questions from Senate Commerce ranking member Ted Cruz of Texas and other panel Republicans, but none of them indicated the same level of negativity that ex-nominee Gigi Sohn faced during her often-fractious year-plus confirmation process. Committee Democrats, meanwhile, probed Republican Commissioner Brendan Carr on controversial statements he made since becoming a commissioner during the Trump administration.
There’s “no realistic prospect” that four U.S. Supreme Court justices would grant Apple cert on the questions it raises in its motion for the 9th U.S. Circuit Court of Appeals to stay the mandate in its decision to affirm the injunction barring Apple from enforcing its anti-steering rules against U.S. iOS app developers (see 2307050021), said Epic Games’ opposition Wednesday (docket 21-16506).
Oral argument on the three consolidated petitions to set aside the FCC’s June 2020 declaratory wireless infrastructure ruling (see 2305010050) is increased to 30 minutes per side, said a 9th U.S. Circuit Court of Appeals order Monday (dockets 20-71765, 20-72734 and 20-72749). Oral argument is scheduled for 9 a.m. PDT July 11 in San Francisco. The main petitioners are the League of California Cities, the League of Oregon Cities and the individual California cities of Glendora, Rancho Palos Verdes and Torrance. They allege the June 2020 ruling unlawfully preempts local and state government authority over wireless telecommunications facilities and was promulgated without response to the arguments they raised in the record, in violation of the Administrative Procedure Act.
The U.S. Supreme Court’s 6-3 decision last week in the student loan case, Biden v. Nebraska, didn’t touch on communications law, but it delves deeper into the "major questions doctrine" laid out a year ago in West Virginia v. EPA (see 2206300066). Legal experts told us the opinion, by Chief Justice John Roberts, appears to further expand when the doctrine may apply and moves the court further away from the Chevron doctrine. The case also has implications for the most controversial items addressed by the FCC, including net neutrality, experts said.
The U.S. Supreme Court’s 6-3 decision last week in the student loan case, Biden v. Nebraska, didn’t touch on communications law, but it delves deeper into the "major questions doctrine" laid out a year ago in West Virginia v. EPA (see 2206300066). Legal experts told us the opinion, by Chief Justice John Roberts, appears to further expand when the doctrine may apply and moves the court further away from the Chevron doctrine. The case also has implications for the most controversial items addressed by the FCC, including net neutrality, experts said.
High-profile RF safety skeptic Robert F. Kennedy Jr.'s entry in the 2024 Democratic primary is likely to draw more attention to the debate over RF radiation, but that’s not likely to mean FCC action on the item, according to interviews with academics and wireless attorneys. “I don’t think his candidacy will have a practical effect” on the agency, said Best Best attorney Tim Lay. The agency might get more pressure from the public, but “they have enough other things on their list,” he said. The agency “tends to take a long time” to act in RF radiation proceedings, said wireless attorney David Siddall.
Industry breathed a sigh of relief after a California state court delayed enforcement of California Privacy Rights Act regulations Friday. The California Chamber of Commerce (CalChamber) said the ruling by the California Superior Court in Sacramento righted an unfair situation for businesses. “Significant portions” of CPRA remain enforceable, despite the court’s ruling, said California Privacy Protection Agency (CPPA) Executive Director Ashkan Soltani.
Industry breathed a sigh of relief after a California state court delayed enforcement of California Privacy Rights Act regulations Friday. The California Chamber of Commerce (CalChamber) said the ruling by the California Superior Court in Sacramento righted an unfair situation for businesses. “Significant portions” of CPRA remain enforceable, despite the court’s ruling, said California Privacy Protection Agency (CPPA) Executive Director Ashkan Soltani.
"Everybody in the industry knows" Nexstar broadcast sidecars Mission and White Knight gave de facto control of their licenses to Nexstar, which operates their stations in every meaningful way, DirecTV said Friday in an informal FCC complaint that raises similar issues as its pending antitrust complaint before the U.S. District Court for Southern New York (see 2303150041). DirecTV said its control of the stations means Nexstar can hike retransmission consent prices, "evade the Commission’s local ownership rules, and exceed Congress’s national ownership cap." In its complaint, DirecTV asks the FCC to declare the existence of de facto control "and to take whatever remedial and disciplinary measures it deems appropriate." Nexstar didn't comment.