Top Senate Commerce Committee leaders told us they aren’t yet completely ruling out proposals to make the USF subject to Congress’ annual appropriations process as part of a legislative revamp of the program. However, some panel Democrats are dubious because of flaws in the funding system, amplified by the ongoing government shutdown (see 2510230049). In comments submitted to Congress' bipartisan USF working group, some stakeholders also strongly advocated for shifting to an appropriations-based funding model (see 2509160064). Meanwhile, panelists at a Schools, Health & Libraries Broadband Coalition event Wednesday said they see appropriations as a largely unappealing option to give USF more sustainable long-term funding.

Communications Daily is tracking the lawsuits below involving appeals of FCC actions.

Senate Commerce Committee Chairman Ted Cruz, R-Texas, told us he’s still planning to bring in FCC Chairman Brendan Carr for a hearing before year-end, but Democrats are concerned that he’s slow-walking scheduling that panel amid their ongoing airing of grievances about Carr's tenure leading the commission, particularly actions that critics say targeted the media’s free speech rights. As expected (see 2510280053), Senate Commerce Democrats used Wednesday's hearing on the Biden administration's social media censorship to again raise concerns about Carr’s comments last month against ABC and parent Disney, which were widely perceived as influencing the network’s since-reversed decision to pull Jimmy Kimmel Live!

Government speech coercion might be unconstitutional, but companies with business before the government aren't going to push back, panelists said Wednesday during a conference about online speech organized by the Center for Democracy & Technology and Stand Together. Free-speech advocates also criticized the FCC and FTC for increasingly weaponizing their regulatory powers.

The FCC would seek comments on options for the upper C band, including an auction of up to 180 MHz of it, in an NPRM to be voted on at the agency's Nov. 20 meeting. Congress has directed the FCC to auction at least 100 MHz of upper C band by July 2027. "We have no time to spare," agency Chairman Brendan Carr said Wednesday. "So it is now time to start making important decisions on how best to unleash new wireless services quickly in the band."

NTIA is making it explicitly clear to states that they can't impose rate regulation on BEAD projects, Administrator Arielle Roth said Tuesday. In a Hudson Institute address, Roth said the agency is telling states that providers must be protected from rate regulation and state-level net neutrality rules during the BEAD period of performance. Without those protections, state broadband regulations "could create perverse incentives" that push providers to move resources from BEAD commitments to other areas, she said, which would in turn raise the likelihood of defaults.

With one of the FCC's largest monthly agendas in recent years -- nine items -- the commissioners on Tuesday unanimously approved everything from a major revamp of the agency's satellite and earth station approvals process to a proposal to end simulcast requirements for the ATSC 3.0 broadcast standard. But three items were adopted Tuesday over the dissents of minority Commissioner Anna Gomez. She said the broadband labels further NPRM was "one of the most anti-consumer items I have ever seen." She also dissented on the prison-calling order and NPRM (see 2510280045) and the wireless direct final rule.

The FCC commissioners were booed and hissed by prisoner advocates at the agency’s open meeting Tuesday as they voted 2-1 to approve an order that will increase rates for incarcerated people’s communications services (IPCS) on an interim basis.

Lynk Global's pending merger with Omnispace marks yet another direct-to-device (D2D) satellite operator dropping plans to rely on reusing terrestrial mobile spectrum and instead incorporating mobile satellite service (MSS) spectrum. Space spectrum consultants and analysts told us it illustrates the challenges of a terrestrial-mobile-alone model. Lynk didn’t comment. Under the Lynk/Omnispace deal, announced last week (see 2510240004), the combined company will use Omnispace’s S-band spectrum for D2D service. That follows AST SpaceMobile's plans to use Ligado's L-band spectrum for its D2D service and SpaceX's proposed purchase of the rights to EchoStar's MSS spectrum.

NPR and CPB are battling in court over the disbursement of interconnection funds, according to documents filed Friday with the U.S. District Court for the District of Columbia. NPR wants a federal judge to force CPB to distribute public radio interconnection funds to NPR stations, it said in motions for a preliminary injunction and summary judgment. CPB filed its own motion for summary judgment the same day, arguing that NPR’s lawsuit would prevent CPB from “serving its Congressionally mandated role to serve as the steward of public dollars for public media.”