The end seems nigh for affordable connectivity program (ACP) funding, with dicey odds of Congress acting before its money runs out in early 2024, speakers said Wednesday at ACA Connects' 2023 Washington summit. Small cable operator participation in the broadband equity, access and deployment (BEAD) program will depend on the rules governing it, they said.
The U.S. Court of Appeals for the 9th Circuit is "unlikely" to revisit its 2004 decision finding that False Claims Act qui tam cases involving customs duty avoidance belong at the Court of International Trade, law firm Morgan Lewis said in a Feb. 23 blog post. Overturning the decision would require an en banc ruling from the court, something that does not seem probable given that it is a whistleblower action in which the government hasn't intervened, the post said.
NARUC raised concerns about Rural Digital Opportunity Fund Phase I support in areas covered by rejected applicant, in separate meetings with aides to all four FCC commissioners. "Any equitable solution would assure that funds awarded for service in specific states remain available to support service in those same states," the group said, per an ex parte filing posted Tuesday in docket 19-126. It encouraged the FCC to refer the issue to the Federal-State Joint Board on Universal Service for a recommendation. The group approved a resolution on the matter earlier this month (see 2302150032).
The FCC Media Bureau’s Standard/Tegna hearing designation order is “inappropriate,” based on issues outside the agency’s purview, and Congress should act, said NAB CEO Curtis LeGeyt in remarks at NAB’s State Leadership Conference Tuesday (see 2302270066). The HDO sets a precedent expanding the reasons the FCC could refer a deal to an administrative law judge, attorneys and industry officials told us. Congress should act to codify the agency’s 180-day merger shot clock and define what constitutes the public interest in an FCC transaction review, LeGeyt said. The FCC’s current public interest standard has been interpreted to allow the agency “to extract ad hoc concessions whether or not they fall within the FCC's expertise or mandate," LeGeyt said.
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Industry groups urged the FCC not to revisit its current rules for the affordable connectivity program's annual data collection, in reply comments posted Tuesday in docket 21-450 (see 2301120056). The Infrastructure Investment and Jobs Act required the commission to collect data on prices and subscription rates offered by participating providers. Consumer advocacy organizations disagreed and continued to back subscriber-level data collection with additional data points.
The Oklahoma Corporation Commission should “avoid rule changes that may exacerbate … uncontrolled growth” of Oklahoma USF (OUSF), CTIA said in Friday comments on a proposal in docket RM 2023-000006. One proposed change would “lower the evidentiary standard for OUSF surcharge increases” by allowing the fund administrator to forgo filing supporting testimony, said CTIA: That would be OK only for proposals to maintain or reduce the surcharge. The wireless industry association also raised concerns with a proposal to give the commission “sole discretion” on whether to hold a hearing to resolve objections to proposed surcharge changes. That, coupled with a proposal that would automatically deny objections if the commission doesn’t act on them within 30 days, would limit stakeholders’ opportunity to disagree with fee changes, CTIA said. Rural carriers proposed making it easier for surcharge changes to take effect. If no objection is filed to the administrator’s recommendation and commissioners choose not to adjust it, the recommendation should take effect in 30 days, said Atlas Telephone, Consolidated Communications and others. If an objection is filed but the commission takes no action on it in 45 days, then the objection should be deemed denied and the administrator’s recommendation should take effect the next day, the RLECs said. With a more efficient process for modifying the OUSF assessment, recipients will likely obtain support in a “more timely” manner, said Oklahoma Corporation Commission staff in a Wednesday rule impact statement. Staff said it doesn’t expect any adverse economic effects to small businesses or increases to compliance costs.
Broadcasters and internet and advertising groups slammed a proposed digital ad levy in a Connecticut tax overhaul bill (HB-5673), in written testimony Monday. “The proposed tax on digital advertising would represent one of the most serious threats to commercial advertising in the United States in several decades,” said a coalition including NAB, NCTA, NetChoice, TechNet, Internet Coalition, Computer and Communications Industry Association (CCIA) and Association of National Advertisers.
The U.S. Court of Appeals for the 9th Circuit is "unlikely" to revisit its 2004 decision finding that False Claims Act qui tam cases involving customs duty avoidance belong at the Court of International Trade, law firm Morgan Lewis said in a Feb. 23 blog post. Overturning the decision would require an en banc ruling from the court, something that does not seem probable given that it is a whistleblower action in which the government hasn't intervened, the post said.
The Commerce Department adequately addressed the U.S. Court of Appeals for the Federal Circuit's concerns over its use of the Cohen's d test as part of its differential pricing analysis to root out "masked" dumping, the Court of International Trade held in a Feb. 24 opinion sustaining use of the test in an antidumping duty investigation.