Judges appeared to differ Thursday as the 6th U.S. Circuit Appeals Court heard an ISP petition to overturn the FCC’s controversial data breach notification rules, which commissioners approved 3-2 a year ago (see 2312220054). Commissioners Brendan Carr and Nathan Simington dissented (see 2312130019). In 2017, a Congressional Review Act resolution of disapproval rescinded similar regulations that were part of the commission's 2016 ISP privacy order (see 2312200001).

Senate Commerce Committee ranking member Ted Cruz, R-Texas, during a Wednesday Communications Subcommittee hearing criticized FCC Chairwoman Jessica Rosenworcel’s draft declaratory ruling last week finding that Communications Assistance for Law Enforcement Act Section (CALEA) Section 105 requires telecom carriers to secure their networks against cyberattacks (see 2412050044). Republican FCC Commissioner Brendan Carr, President-elect Donald Trump’s pick to become chairman Jan. 20, told reporters Wednesday he believes the commission’s response to the Salt Typhoon Chinese government-affiliated effort at hacking U.S. telecom networks (see 2411190073) should focus on continuing to “closely” coordinate with other federal cyber-related agencies and identify vulnerabilities to the private sector.

Sen. Ron Wyden, D-Ore., released a draft version of his Secure American Communications Act Tuesday in a bid to strengthen U.S. networks’ cybersecurity amid the fallout from the Chinese government-led Salt Typhoon hack (see 2411190073). The measure would require that the FCC implement security conditions for telecom carriers that Congress originally mandated in the 1994 Communications Assistance for Law Enforcement Act. Lawmakers called in CALEA Section 105 for the FCC to require that telecom companies secure their systems against unauthorized intrusions, but the commission has never fully implemented this provision, Wyden’s office said. The draft bill would, in part, require carriers to annually test whether their networks and systems are vulnerable to cyberattack or other unauthorized intrusions. FCC Chairwoman Jessica Rosenworcel circulated a draft declaratory ruling last week to commissioners finding that Section 105 requires that telecom carriers secure their networks against cyberattacks (see 2412050044). “It was inevitable that foreign hackers would burrow deep into the American communications system the moment the FCC decided to let phone companies write their own cybersecurity rules,” Wyden said. “Telecom companies and federal regulators were asleep on the job and as a result, Americans’ calls, messages, and phone records have been accessed by foreign spies intent on undermining our national security. Congress needs to step up and pass mandatory security rules to finally secure our telecom system against an infestation of hackers and spies.” Wyden’s release of the draft came hours before Rosenworcel and federal intelligence officials were scheduled to brief House lawmakers on the Salt Typhoon hack. They briefed senators last week.

The Rural Wireless Association, EchoStar and Communications Workers of America filed FCC petitions asking that the agency reject T-Mobile’s proposed acquisition of "substantially all” of UScellular’s wireless operations, including some spectrum (see 2405280047). Public interest and consumer groups also opposed approval. The deal is relatively small as telecom mergers go -- valued at about $4.4 billion, including $2 billion in assumed debt -- but has ignited substantial opposition. UScellular is the nation’s fifth-largest wireless carrier.

Senate Armed Services Committee ranking member Roger Wicker, R-Miss., and some other congressional leaders are objecting to a compromise version of the FY 2025 National Defense Authorization Act (HR-5009) released Saturday night with language allocating $3.08 billion to fully fund the FCC’s Secure and Trusted Communications Networks Reimbursement Program (see 2412070001). The leaders’ concerns complicate plans for HR-5009's passage. House leaders are eyeing a vote on the measure this week. Meanwhile, some lawmakers want to attach the AM Radio for Every Vehicle Act (HR-8449) and permanently lift some telehealth restrictions via other end-of-year measures.

Some congressional backers of the FCC’s Secure and Trusted Communications Networks Reimbursement Program are beginning to see momentum turn toward including an additional $3.08 billion that will fully fund the initiative in an end-of-year legislative package (see 2411190064), but they aren’t guaranteeing success yet. Lawmakers and other rip-and-replace boosters hope congressional scrutiny of the Salt Typhoon Chinese government-affiliated effort at hacking U.S. telecom networks (see 2411190073) could be a tipping point for securing the funding after multiple spectrum legislative proposals, meant to pay for the program, stalled in recent years.

FCC Commissioner and incoming Chairman Brendan Carr on Tuesday discussed empowering local broadcasters, moving "aggressively” on USF revisions and opening up the space economy and jumpstarting spectrum policy. Speaking at the Practising Law Institute's 42nd Annual Institute on Telecommunications Policy & Regulation, Carr said he's “really looking forward” to taking the commission's top seat.

Tapped to lead the FCC during the second Trump administration (see 2411170001), FCC Commissioner Brendan Carr is expected to be as aggressive as possible on spectrum and wireless siting issues, industry experts said. During President-elect Donald Trump's first administration, then-Chairman Ajit Pai made Carr lead commissioner on wireless siting.

Competition is a better guarantor of good customer service than FCC rules, multiple industry groups said as they pushed back against proposals floated in the FCC's customer service NOI. The NOI was adopted 3-2 in October along party lines (see 2410230036). In comments in docket 24-472, which were due Friday, some industry groups also argued that the agency lacks legal standing on customer service rules. "Careful consideration will confirm that the Commission lacks anything like the plenary authority" to adopt a single set of customer service rules, CTIA said. Disability advocacy organizations, meanwhile, made suggestions for customer service requirements.

Charter Communications supported a USTelecom petition asking the California Public Utilities Commission to reconsider rules for implementing the state’s BEAD initial plan volume 2. However, consumer groups urged the CPUC to deny the application in a separate response Friday. USTelecom had raised concerns that state rules, including on required low-price plans, could discourage participation in the broadband grant program (see 2411010053). Charter agrees that the CPUC’s September order “contains legal errors,” including that “rate caps constitute impermissible rate regulation,” the cabler responded Friday in docket R.23-02-016. Also, Congress and the NTIA never asked for or required the CPUC’s proposed middle-class affordable service option, said Charter. And the CPUC may not require companies to participate in federal or state Lifeline programs, it said. The Utility Reform Network (TURN) and Center for Accessible Technology disagreed in a joint response the same day. USTelecom’s rehearing application “makes only narrow claims that the Commission errs by requiring participation in the state and federal Lifeline programs, which it does not, and also claims that the Commission errs by adopting affordability plans that create improper rate regulation, which is inaccurate and previously rejected by the Commission.” TURN and CforAT added, “Far from committing legal error, the Commission’s affordability programs and measures … represent a necessary and important step in the process of implementing a landmark opportunity to invest $1.86 billion in federal funding” for broadband.