Buu Nygren, president of the Navajo Nation, urged FCC Chairman Brendan Carr to make a tribal priority window part of future FCC auctions of AWS and upper C-band spectrum. “The success of the 2.5 GHz Rural Tribal Priority Window has demonstrated the transformational impact of policies that provide direct spectrum access to Tribal Nations,” said a filing posted Friday in docket 13-185. The 2.5 GHz window, established under Republican Chairman Ajit Pai’s “leadership in 2020, was an unprecedented federal policy that enabled over 300 federally recognized tribes to obtain spectrum in rural areas,” Nygren said. The Institute for Local Self-Reliance asked the FCC to add questions on tribal windows to the C-band notice of inquiry and AWS-3 NPRM before commissioners, both set for votes Thursday (see 2502060062). “One of the great challenges in addressing the lack of modern communications technologies that Tribal Nations and the Commission face together in their joint efforts to address their broadband challenges is the lack of access to spectrum and spectrum licensing opportunities,” said a filing posted Friday. The 2.5 GHz window “dramatically increased the number of Tribal Nations holding spectrum licenses from 18 to at least 319.”

The outlook is uncertain about whether President Donald Trump will attempt to fire Democratic members of the FCC, as the administration asserts its authority over “so-called independent” agencies (see 2502190073). It’s unclear whether the FCC and its Democratic members, Anna Gomez and Geoffrey Starks, are in Trump’s sights, but no one is taking anything for granted from the current administration, industry experts said. Gomez is emerging as the more outspoken critic of the regime under Chairman Brendan Carr, especially on media items (see 2502200023).

President Donald Trump’s latest norm-busting executive order (see 2502180069) directing the FCC, among other "so-called independent" agencies and executive branch bodies, to submit regulatory actions to the White House before they're published in the Federal Register could complicate Brendan Carr’s push to be an active chairman at the FCC, industry experts said Wednesday.

FCC Chairman Brendan Carr’s announcement that the FCC will begin investigating regulatees with diversity, equality and inclusion programs appears to be among the first actions a federal agency has taken to enforce President Donald Trump’s DEI executive order, though the FCC’s authority in this area is unclear, attorneys and academics told us. In his letter Tuesday to Comcast, Carr said the agency plans “broader efforts to root out invidious forms of DEI discrimination across all of the sectors the FCC regulates.”

A legal challenge to the FCC's over-the-air reception devices (OTARD) rules might face procedural problems, a federal judge said Tuesday. But the three-judge panel for the U.S. Court of Appeals for the D.C. Circuit also seemed skeptical during oral argument (docket 24-1108) of the commission's creating a "human presence" requirement in its OTARD rules for Indian Peak Properties. The company is appealing an FCC order that denied its petitions for declaratory ruling. Indian Peak was seeking a federal preemption under the OTARD rule of a Rancho Palos Verdes, California, decision to revoke its local permit for the deployment of rooftop antennas on a property (see 2405060035).

The FCC’s draft notice of inquiry on opening the upper C band for commercial use acknowledges numerous incumbents using the spectrum and seeks “detailed and evidence-based comments” from all affected parties. Also on Thursday, the FCC released a draft NPRM on rules for the AWS-3 auction and other items, teeing them up for the FCC’s Feb. 27 open meeting, including new rules for wireless emergency alerts (see 2502050057).

The FCC abruptly declined to defend the inclusion of a nonbinary gender category in its broadcaster workplace diversity data collection shortly before the start of oral argument at the 5th U.S. Circuit Court of Appeals on Tuesday. The eleventh-hour shift could lead to the court declining to rule on the case, attorneys told us.

FCC Chairman Brendan Carr expected CBS to give in to the agency’s request for an unedited transcript of a 60 Minutes interview with Vice President Kamala Harris by the end of day Monday, he said in a Monday morning Fox interview. “It's due today, and I expect CBS to provide it by the end of the day, to see what in fact was said as part of our own news distortion investigation,” Carr said.

Preempt California's regulatory framework for VoIP services, the Cloud Communications Alliance and Cloud Voice Alliance asked the FCC in a petition for declaratory ruling filed Monday (see 2501240002). The California Public Utilities Commission’s pending proceeding on the issue "conflicts with federal policies designed to promote competition, innovation, and affordable communications services," the groups said. They also asked that the FCC reaffirm its "end-to-end jurisdictional analysis as the definitive standard for determining the regulatory treatment of VoIP services."

Securus urged the 1st U.S. Circuit Court of Appeals to transfer to the 5th Circuit the company’s challenge of the FCC’s July order implementing the Martha Wright-Reed Act of 2022, which reduces call rates for people in prisons while establishing interim rate caps for video calls (see 2407180039). Securus and various states disagreed sharply with public interest groups about whether the rates set were too low or potentially too high.