The FCC's Q4 2022 universal service contribution factor proceeding isn't the right venue for challenging the constitutionality of the entire universal service fund regime, and Section 254 of the Communications Act "easily" answers questions about whether Congress wrongly delegated its lawmaking power by limiting and guiding the FCC's universal service implementation, the agency told the 11th U.S. Circuit Court of Appeals Dec. 22. In a docket 22-13315 reply to a challenge to the USF (see 2211220075), the FCC said the 11th Circuit also lacks jurisdiction because the suit is attempting "an end-run" around time limits for challenging an agency rule. Counsel for the petitioners didn't comment Friday.

The Free State Foundation questioned the FCC’s adoption Wednesday of an NPRM in its digital discrimination proceeding (see 2212210054). “There is no disagreement that there should be equal access to broadband for all the people of the United States and that digital discrimination should be prevented,” said a statement by President Randolph May and Director-Policy Studies Seth Cooper. “It is unnecessary, and likely to be counterproductive to achievement of that worthy objective, for the Commission to adopt a rule which allows discrimination to be proved based on a showing of unintentional 'disparate impact' rather than on a showing of intentional discrimination,” they said: “It is likely that a rule adopting a ‘disparate impact’ test wouldn’t survive a judicial challenge because the text and structure of the Infrastructure Act, along with relevant judicial precedents, require an intent-based definitional standard to prove digital discrimination.”

The House is set to vote Friday on passing the FY 2023 appropriations omnibus package (HR-2617), which would extend the FCC’s spectrum auction authority through March 9 in lieu of a spectrum legislative deal that got objections (see 2212200077) from Sen. Mike Rounds, R-S.D. The Senate voted 69-29 Thursday to pass the omnibus, which also includes increases in federal funding for the FCC, FTC, NTIA, other Commerce Department agencies, the DOJ Antitrust Division and CPB (see 2212210077). The House, meanwhile, passed the Martha Wright-Reed Just and Reasonable Communications Act (S-1541) and Low Power Protection Act (S-3405) on voice votes a day after the Senate cleared both measures.

In a busy end-of-year meeting, the FCC tackled digital discrimination, IP captioned telephone services rates and the space application review process, all with unanimous votes by commissioners. Commissioners also approved a record-setting fine for alleged robocalls, at Wednesday's meeting.

The Senate appeared poised to pass as soon as Wednesday an FY 2023 appropriations omnibus package that includes another short-term extension of the FCC’s spectrum auction authority, though the situation remained fluid late that afternoon amid continued wrangling over potential votes on amendments to the measure. Lawmakers agreed to attach a renewal the FCC’s remit through March 9, after an objection from Sen. Mike Rounds, R-S.D., derailed a negotiated deal to include a modified version of the chamber's version of the Spectrum Innovation Act (S-4117) and other related measures (see 2212200077).

The U.S. District Court for Southern Illinois in East St. Louis should reject AT&T’s Nov. 18 second motion for summary judgment to vacate the Monroe County, Illinois, denial of AT&T’s application to build a 155-foot-tall cell tower because AT&T’s timeliness arguments aren't valid, said the municipality’s opposition Monday (docket 3:20-cv-01327).

The bipartisan trio behind legislation that would ban TikTok in the U.S. will reintroduce the bill in 2023 and push hard for the support of Senate Intelligence Committee Chair Mark Warner, D-Va., said Rep. Mike Gallagher, R-Wis., in an interview (see 2212130068). Congress included a provision in its must-pass omnibus spending bill that would ban the Chinese-owned social media app on federal devices, and several states have enacted government bans.

The Court of International Trade in a Dec. 20 opinion denied an injunction bid pending appeal from certain plaintiffs in an attorney conflict-of interest suit. After recently rejecting the plaintiffs' motion for a preliminary injunction for lack of subject matter jurisdiction, Judge Gary Katzmann this time rejected the injunction motion pending appeal since the appeal to the U.S. Court of Appeals for the Federal Circuit "has not yet been noticed," but even if it had, the injunction "is unwarranted." Katzmann said that the plaintiffs fail to both show a "strong showing of success on the merits" and prove that they will suffer irreparable harm without the injunction.

An objection from Sen. Mike Rounds, R-S.D., appears to have all but killed a deal telecom-focused congressional leaders struck over the weekend to attach modified language from the Senate version of the Spectrum Innovation Act (S-4117) to a planned FY 2023 appropriations omnibus package, several congressional aides and communications industry lobbyists told us Monday. Another short-term renewal of the FCC’s auction authority is, however, still expected to be in the package, lobbyists said. Hill leaders were expected to release the omnibus’ text Monday, but it wasn’t available that afternoon.

Consumer advocacy organizations and industry lobbied the FCC to make some changes to a draft NPRM aimed at combating digital discrimination, before the agency's Wednesday meeting. Commissioners will consider the item as required by the Infrastructure Investment and Jobs Act. The item stems from a notice of inquiry the FCC adopted earlier this year. It received mixed comments from advocates and industry on the extent of digital discrimination and possible solutions (see 2205170071).