Several groups on Friday filed a petition to the U.S. Supreme Court for a rehearing of its December order denying a writ of certiorari regarding the FCC's classification of broadband. ACA Connects, USTelecom, CTIA, the Satellite Broadcasting and Communications Association, and the New York State Telecom Association cited the 6th U.S. Circuit Appeals Court's narrow decision overturning the FCC's order (see 2501020047). That decision "establishes the [2nd] Circuit’s decision as a conflicting outlier," they said.

The company challenging Hobbs Act limits on lower court review of an FCC decision in a Telephone Consumer Protection Act case told the U.S. Supreme Court the government and its supporters are seeking “a strikingly broad reading” of the act. SCOTUS is scheduled to hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.

The telecom industry and public interest groups supported government arguments asking the U.S. Supreme Court to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program (see 2501090045). In a decision that sent shock waves through the telecom industry, judges on the conservative circuit agreed with Consumers' Research that USF violates the Constitution by improperly delegating Congress’ power to the FCC and the agency's power to a private company, the Universal Service Administrative Co. (see 2412100060).

USTelecom, NTCA and the Competitive Carriers Association congratulated Sen. Ted Cruz, R-Texas, Tuesday night and Wednesday for his official accession to become Senate Commerce Committee chairman (see 2501070083). Cruz “has long shared the broadband community’s deep commitment to ensuring the United States remains a global leader in innovation and connectivity,” USTelecom CEO Jonathan Spalter said. “Together, we can and will advance the promise and power of broadband innovation across all corners of America.” CCA CEO Tim Donovan said Cruz “has been dedicated to fostering growth, innovation, and U.S. leadership in the telecommunications marketplace, including in rural America. We look forward to continued collaboration with him and the entire Commerce Committee to preserve and expand connectivity nationwide for all Americans.” NTCA and its members “look forward to working with the chairman and the entire committee to advance and sustain connectivity in rural America,” said CEO Shirley Bloomfield.

The 6th U.S. Circuit Court of Appeals ruling overturning the FCC’s latest net neutrality order Thursday was based on the court’s reading of the Communications Act and failed to dive into major questions items, as laid out in recent U.S. Supreme Court decisions (see 2409030030). It also means the next FCC, under President-elect Donald Trump, likely won’t spend its early days on a reversal of the order, which was approved 3-2 in April (see 2404250004).

USTelecom, NCTA and the Wireless ISP Association separately opposed Fine Point Technologies' request (see 2411270048) that the FCC launch a rulemaking on standardized broadband speed testing protocols. Comments were posted Monday in RM-11991 in response to a Consumer and Governmental Affairs Bureau inquiry.

Four major trade associations urged that the U.S. Supreme Court reject arguments that a lower court can review an FCC decision in a Telephone Consumer Protection Act case and isn’t barred from doing so under the Hobbs Act. That view largely supports U.S. government arguments on the important role the act plays (see 2412240022). SCOTUS is scheduled to hear McLaughlin Chiropractic Associates v. McKesson Jan. 21, a case from the 9th U.S. Circuit Court of Appeals.

Incoming House Commerce Committee Chairman Brett Guthrie, R-Ky., said Friday he selected Rep. Richard Hudson, R-N.C., as Communications Subcommittee chairman for the next Congress, as expected (see 2412170053). Rep. Rick Allen, R-Ga., will be the subcommittee’s vice chairman, Guthrie said. Hudson was a House Communications member during the last Congress but moved off in 2023. He is a Next-Generation 911 Caucus co-chair and last year championed allocating $14.8 billion in future FCC auction proceeds to pay for NG-911 tech upgrades (see 2305240069) as part of House Commerce’s Spectrum Auction Reauthorization Act (HR-3565). Hudson's “expertise will help propel our country into the next generation economy,” Guthrie said. Hudson “will close the digital divide for rural America, affirm U.S. leadership in next generation telecommunication networks, and protect our critical communications infrastructure from adversarial attacks.” Hudson said he plans to work with Guthrie, President-elect Donald Trump and other House Commerce members “to advance strong, commonsense policies that promote innovation, streamline federal regulations, and bridge the digital divide.” He will replace current Communications Chairman Bob Latta, R-Ohio, who was term-limited from seeking the gavel again and will instead lead the Energy Subcommittee. Guthrie said House Innovation Subcommittee Chairman Gus Bilirakis, R-Fla., will continue leading what will be renamed next Congress the Commerce, Manufacturing and Trade Subcommittee. Several communications industry groups released brief statements congratulating Hudson on his selection as the Communications chairman. Hudson and Allen “understand the importance of ubiquitous connectivity, especially in service of rural, un-served and under-resourced communities; and the need for balanced spectrum and light touch regulatory policies which boost broad-based innovation while also being small-business friendly,” said Wireless ISP Association Vice President-Government Affairs Matt Mandel. USTelecom CEO Jonathan Spalter said the broadband industry is “excited to work with [Hudson], his team and his subcommittee to turbocharge the next phase of American connectivity, innovation and technology leadership.” NTCA CEO Shirley Bloomfield said the group “and its members, including those who live in and serve communities in Rep. Hudson’s district, look forward to working with him to ensure that rural Americans have access to high-quality, affordable and sustainable broadband networks.”

Facing SEC requirements of prompt public disclosure of material cybersecurity incidents, many companies are reporting out of fear of violating the rules, sometimes going public with nonmaterial incidents, cybersecurity experts say. In an FCBA CLE Monday, Wiley cybersecurity lawyer Josh Waldman said the SEC's lawsuit against SolarWinds over the software company's disclosure practices seemed like it would trigger vast under- or overreporting, with the latter seemingly emerging as the dominant trend. While there's a willingness among agencies and Congress to harmonize different agencies' privacy, data security and cybersecurity rules, there's not a clear way of doing so, cybersecurity experts said.

The U.S. Supreme Court Monday denied to review a petition from telecom groups challenging a New York law requiring that ISPs offer a certain plan for eligible low-income households (see 2404260051). The Affordable Broadband Act requires $15 monthly plans providing 25/3 Mbps speeds. Some saw the decision to uphold the 2nd Circuit's ruling in favor of the law as unsurprising given the legal battle over the FCC's reclassification of broadband as a Title II telecom service (see 2410010024).