More than a dozen states told the U.S. Supreme Court that they were "right to be worried" about the FCC's Universal Service Fund's contribution mechanism in an amicus curiae filed Wednesday (No. 24-254). The states -- West Virginia, Alabama, Arizona, Arkansas, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas and Virginia -- agreed with the en banc 5th Circuit U.S. Court of Appeals' decision that the fund’s "problematic blend of standardless decision-making and missing executive oversight violates Article I of the Constitution" (see 2410010024). The Schools, Health & Libraries Broadband Coalition, NTCA, USTelecom, Benton Institute for Broadband & Society, National Digital Inclusion Alliance and MediaJustice also wrote SCOTUS in a separate letter maintaining their interest in the outcome of the case as intervenors. The groups said they have interests that are "distinct from those of the government."

FCC commissioners, along party lines, released a notice of inquiry Wednesday examining how easy -- or not -- it is to cancel cable, broadband, satellite TV and voice services and whether cancellation should be as simple and straightforward as enrolling often is. The NOI, adopted 3-2 Oct. 10, also raises the idea of the FCC requiring live customer service representatives. Comments are due Nov. 22, replies Dec. 9, in docket 24-472.

Broadband providers invested $94.7 billion in communications infrastructure in 2023, said USTelecom in a new report Friday. The capital expenditures were largely "expansion of fiber deployments, integration of fiber and mobile networks, increased rural broadband construction, and network capacity additions to keep pace with advances in artificial intelligence and other applications," the report said. "This level of investment demonstrates how fiercely broadband companies are competing for customers," said USTelecom President-CEO Jonathan Spalter. He added it's "critical policymakers" are "constructive partners" to "finish the job of connecting communities and showing greater discipline by resisting carbon-dated regulatory models that hinder our continued progress."

The American Bankers Association, CTIA, Electronic Privacy Information Center, National Consumer Law Center and USTelecom asked the FCC to extend until Nov. 25 the reply comment deadline for its NPRM and notice of inquiry aimed at reducing unwanted AI robocalls (see 2410110039). The current Oct. 25 deadline "provides very little time" to "thoroughly review and respond to the large volume of comments," the coalition said in a joint motion posted Monday in docket 23-362.

The FCC and a coalition of industry and consumer groups urged the U.S. Supreme Court to grant their pending petitions for a writ of certiorari regarding the 5th U.S. Circuit Court of Appeals' ruling in Consumers' Research's challenge of the Universal Service Fund contribution mechanism (No. 24-354). The FCC, in a reply brief Thursday, said the two pending petitions are "better vehicles for clarifying the law in this sphere" than Consumers' Research's petition of the 6th and 11th circuits' rulings (see 2410010024). The 5th Circuit addressed whether Congress delegated legislative power to the FCC, whether the agency delegated governmental power to a private entity, and whether the combination of the two violates the Constitution. The 6th and 11th circuits "did not specifically discuss whether the combination of the two alleged delegations violates the Constitution, and the petitions seeking review of those circuits’ decisions do not raise that question," the FCC said. The 5th Circuit is the only court to have found a nondelegation violation, the commission noted. "Granting certiorari in this case would allow the Court to directly review the 5th Circuit's reasoning," the FCC said. The agency also noted that SCOTUS has already denied petitions seeking review of the 6th and 11th Circuit decisions. Consumers' Research said in a reply brief to the coalition petition that there wasn't a reason to grant it "as their interests are adequately represented by the government" (No. 24-422). NTCA, the Competitive Carriers Association, USTelecom, the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance, and Media Justice petitioned SCOTUS to review the 5th Circuit ruling. Consumers' Research noted the coalition didn't seek to intervene in subsequent challenges it filed since that ruling, "apparently confirming their interests are adequately represented by the government."

A bipartisan group of 51 attorneys general warned iDentidad Telecom Friday that they could take enforcement action should the company continue transmitting illegal robocalls. The FCC sent iDentidad a cease-and-desist letter the same day. iDentidad should immediately stop transmitting illegal traffic, said the AGs' Anti-Robocall Multistate Litigation Task Force in a letter. It warned of possible violations of state consumer protection laws and the federal Telemarketing Sales Rule, Telephone Consumer Protection Act and Truth in Caller ID Act. The FCC and FTC sent similar warnings in November (see 2401300066). Call traffic data from USTelecom’s Industry Traceback Group “shows that it issued at least 190 traceback notices to iDentidad since 2021 … for calls it originated, accepted, and/or transmitted onto and across the U.S. telephone network,” including more than 60 after the FCC and FTC warnings, wrote North Carolina Special Deputy AG Tracy Nayer in the task force letter: The notices “cited recurrent high-volume illegal and/or suspicious robocalling campaigns concerning, in part, IRS/SSA government imposters, tax relief, financial impersonation, private entity imposters, Chinese-language delivery and impersonations, and utilities disconnect scams, with iDentidad serving as the gateway provider for almost 90% of this call traffic.” Also, the company reported receiving illegal or suspicious robocalls directly from foreign service providers not listed in the FCC robocall mitigation database, said Nayer. The FCC Enforcement Bureau warned iDentidad that failure to comply “may result in downstream voice service providers permanently blocking all of Identidad’s traffic.” Also, the commission notified all U.S.-based voice providers that they are permitted to block robocalls transmitted from iDentidad if the company fails to mitigate the traffic. Chairwoman Jessica Rosenworcel said, “Federal and state cooperation is critical for protecting consumers. We cannot allow scammers to target families with fake ‘transaction alerts’ from credit card companies and money transfer services.” Separately, North Carolina AG Josh Stein (D) sued Club Exploria in state court for allegedly spamming more than 1 million people without consent. “Club Exploria broke the law to bombard North Carolinians with robocalls,” said Stein Friday.

Although the regulatory status of broadband is “in flux,” the U.S. Supreme Court shouldn’t further delay New York state’s enforcement of a 2021 affordable broadband law, the state’s Attorney General Letitia James (D) said Tuesday. James submitted briefs in case 24-161 opposing ISP groups’ petition for a writ of certiorari and application seeking a stay of the New York Affordable Broadband Act (ABA). “The equities and the public interest weigh heavily in favor of allowing the ABA -- duly enacted consumer-protection legislation that aids the State’s most vulnerable residents -- to take effect without further delay,” wrote James.

Industry welcomed an FCC proposal aimed at improving the robocall mitigation database's (RMD) accuracy and potential enforcement measures. Commissioners adopted the NPRM in August (see 2408070047). In comments posted in docket 24-213 through Wednesday, some groups disagreed about whether the FCC should impose a filing fee for new and current RMD registrants.

With the California Public Utilities Commission planning a vote within days about regulating VoIP, AT&T and the cable industry urged that commissioners at least delay -- if not outright reject -- the controversial item. Industry groups representing voice technologies stressed in comments last week in docket R.22-08-008 that the CPUC lacks legal authority to regulate VoIP.

The U.S. Chamber of Commerce said the FCC should avoid taking the steps proposed in an AI NPRM. Commissioners approved the NPRM 5-0 in August. Conversely, consumer groups supported the proposed rules. Comments were due last week and posted Thursday and Friday in docket 23-362.