T-Mobile will take California regulators to federal court over a decision to switch state USF contribution to a connections-based mechanism. In a complaint Wednesday against the California Public Utilities Commission (case 3:23-cv-00483), T-Mobile and subsidiaries urged the U.S. District Court of Northern California to preliminarily enjoin a $1.11 monthly per-line fee from taking effect April 1. A consumer advocate scoffed Thursday at T-Mobile’s claim that the order hurts low-income households.

The FCC should act promptly on the Standard/Tegna deal, said a group of free market advocates from R Street Institute, the Competitive Enterprise Institute, the American Enterprise Institute and others in a joint letter to all four FCC commissioners posted Monday in docket 22-162. “Prolonged review can harm the public in delayed investment and innovation,” said the letter, signed by Roslyn Layton of Strand Consult, Steve Pociask of the American Consumer Institute, and Institute of Liberty President Andrew Langer, among others. The FCC is required to review deals expeditiously, but Standard/Tegna’s review included “not one, but two extensions of pleading cycles; two cycles of FCC document and information request; a rules waiver to allow the petitioners to raise new matters on reply; and two pleading cycles.” The FCC’s “failure to review this transaction in a timely manner carries great cost to the parties and diverts human and financial capital and human resources away from making productive investments,” the letter said. Standard General founder Soohyung Kim said last week the deal will grow more expensive for Standard the longer the FCC waits (see 2301230063).

The 8th U.S. Circuit Court of Appeals backed a lower court decision to remand Creve Coeur, Missouri's lawsuit against DirecTV and Dish Network to state court. In a docket 21-3090 decision Thursday, the appellate court said defendant-appellant DirecTV's motion to move the case again to federal jurisdiction based on a state court's 2020 ruling, while "creative," is "without merit." It said that ruling tackled whether the Video Services Providers Act is fee or a tax, but it didn't raise new issues of removability and thus DirecTV has no basis for a second removal -- the case having been remanded from state court to federal court once before. Deciding were Judges James Loken, Duane Benton and Jonathan Kobes, with Loken penning the decision. Counsel for DirecTV didn't comment. The Missouri community is seeking fees from the DBS operators under the state VSPA.

The Fish and Wildlife Service is increasing amounts of civil penalties for violations of the laws and regulations it administers, including the Lacey Act and the Endangered Species Act, it said in a final rule. The annual increase for inflation raises penalties about 7.7% over penalty amounts set in 2022, the FWS said.

Senate Commerce Committee ranking member Ted Cruz, R-Texas, and Communications Subcommittee ranking member John Thune, R-S.D., sharply criticized the FCC’s handling of the affordable connectivity program, after the GAO reported its goals and measures "lack specificity and clearly defined targets, raising questions about how effective” the commission’s oversight of the program is. “The results of GAO’s findings reveal that the FCC’s ACP is subject to massive waste, fraud, and abuse of taxpayer dollars,” Cruz and Thune said Wednesday: “We find it incredibly concerning that the FCC has failed to establish a process that regularly assesses fraud risks within the ACP. It is incumbent upon” Senate Commerce “to have an oversight hearing to address GAO’s report and hold the FCC accountable to American taxpayers.” Thune launched a review of all federal broadband funding programs in December in a bid to hold executive branch agencies accountable for their disbursal of money from the Infrastructure Investment and Jobs Act and other measures (see 2212060067)."We appreciate GAO’s recommendations and are committed to further improving our performance goals and monitoring for risks within the program," an FCC spokesperson emailed Wednesday in response to GAO's recommendations. “The success of" ACP, "which currently helps over 15.7 million eligible households afford high-quality broadband service, continues to be a top priority for the Commission," the spokesperson said.

The FCC will do more to help survivors of domestic violence get access to communications services during the agency's Feb. 16 meeting (see 2301250061). Commissioners will consider a draft NPRM on implementing the Safe Connections Act. The draft item would seek comment on the law's requirement that mobile providers separate a survivor's phone line from an abuser within two business days after receiving the request, said a fact sheet. The item would seek comment on whether there are "operational and technical limitations" that covered providers may face to complete such a request. It also proposes to require that consumer-facing call logs and text message records omit calls or texts made to hotlines listed in a central database created by the commission and updated monthly. If adopted, the item will seek comment on ways to streamline enrollment in Lifeline and the affordable connectivity program for survivors facing financial hardship. "We believe that these measures will aid survivors who lack meaningful support and communications options when establishing independence from an abuser," the draft item said. Comments would be due 30 days after Federal Register publication, 60 days for replies. The agency will also seek comment on ways to encourage tribal participation in E-rate, said a draft NPRM also set for the February agenda. The draft item asks for feedback on creating a separate or extended filing window for tribal libraries, simplifying E-rate cost allocation rules, and increasing the maximum discount rate level and funding floor for tribal schools and libraries. It also seeks comment on allowing tribal college libraries to be eligible for E-rate funds, defining “Tribal” in E-rate and adding a tribal representative to the Universal Service Administrative Corp. The draft also asks whether “similar reforms may be needed to encourage greater participation by non-Tribal applicants, particularly if they face barriers that impede equitable access” to E-rate. The draft NPRM would also direct the Office of Native Affairs and Policy and the Wireline Bureau to “conduct government-to-government consultation as appropriate with Tribal Nations” on the issues raised in the NPRM. Comments would be due 45 days after FR publication, replies 75 days after.

Senate Commerce Committee Republicans want to delay a third FCC confirmation hearing for Gigi Sohn until March, Communications Subcommittee ranking member John Thune, R-S.D., told us Thursday. Thune and other Republicans seek a complete re-vetting of Sohn. President Joe Biden renominated her earlier this month (see 2301030060). Commerce Chair Maria Cantwell, D-Wash., confirmed she’s continuing to pursue a February date for the hearing in hopes of swiftly advancing Sohn to the floor after more than a year of delay (see 2212300044).

The telecom industry sought changes Tuesday to a Connecticut agency’s plan to establish an application and approval process for conduit excavations in highways, streets or other public rights of way by telecom and broadband providers. The Public Utilities Regulatory Authority (PURA) plans to vote Feb. 8 on the proposal in docket 21-12-21 (see 2301100075). Frontier Communications raised concerns the draft “may create possible unintended complications and delays with the placement of ‘conduit laterals’ -- a conduit from a manhole to a nearby pole and/or customer building or location where the planned excavation involves open trenching and requires either a [Connecticut Transportation Department (CTDOT)] or municipality permit.” Frontier said requiring 90 days' notice “will take a straightforward and limited excavation and turn it into” an up-to-four months' “waiting period for customers to receive broadband service.” PURA’s final decision should confirm emergency work should be exempted from a requirement to file an application and wait 30 days, said the New England Connectivity and Telecommunications Association. The current proposal exempts such work from notification but not from the application process, NECTA said. Also, PURA should clarify that cable-in-conduit and “directional boring deployments may commence upon the filing of an application,” it said. PURA’s interpretation including telecom service providers as providers or applicants is contrary to the state’s Broadband Act, said Crown Castle. That law’s Section 5(b) violates the federal Telecom Act’s Section 253(a) “because it imposes significant costs and compensation requirements that are not limited to allowing the State to recover its cost of right of way management,” it said. State departments also filed exceptions to the PURA draft. CTDOT “wants to be sure” PURA and providers understand it doesn’t allow micro-trenching or cable-in-conduit, “nor any conduit installation method that places conduit closer than 36 inches to the surface,” on state highways, it commented. A 90-day notice period should apply “under all circumstances in the application process,” said the Department of Energy and Environmental Protection. Currently, the PURA draft proposes notification to CTDOT or a municipality 90 days before construction but 30 days in other circumstances.

The Federal Maritime Commission will amend its proposed rule on unreasonable carrier conduct (see 2209130040), after industry, lawmakers and at least one federal agency said the rule was too broad, missed congressional intent and didn’t go far enough to address carriers that refuse to carry exports in favor of imports. The commission plans to issue a “supplemental notice of proposed rulemaking” to incorporate changes to the rule, FMC Chair Daniel Maffei said during a Jan. 25 commission meeting, adding that he hopes to publish the updates “as quickly as possible.”

The Federal Maritime Commission will amend its proposed rule on unreasonable carrier conduct (see 2209130040), after industry, lawmakers and at least one federal agency said the rule was too broad, missed congressional intent and didn’t go far enough to address carriers that refuse to carry exports in favor of imports. The commission plans to issue a “supplemental notice of proposed rulemaking” to incorporate changes to the rule, FMC Chair Daniel Maffei said during a Jan. 25 commission meeting, adding that he hopes to publish the updates “as quickly as possible.”