The Competitive Carriers Association raised concerns about a Georgia Institute of Technology third-party mobile speed test app in the FCC’s broadband data collection mobile challenge process. The FCC’s Broadband Data Task Force and Office of Engineering and Technology sought comment on the app in September and replies were due Friday (see 2409170010). “CCA is concerned that allowing additional speed test apps alone will not solve the underlying issues that are undermining a vigorous and user-friendly challenge process as called for in the Broadband DATA Act and that are plaguing the Commission’s mobile availability maps,” said a filing posted Monday in docket 24-2. “The Commission must address these issues before it can expect CellWatch, the FCC Mobile Speed Test app, or future third-party apps to meaningfully contribute to the mobile challenge process,” CCA said.
A panel of the 5th U.S. Circuit Appeals Court on Monday gave little indication how it would rule as its three judges heard arguments on overturning the agency's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040). Maurine and Matthew Molak of Texas brought the case, arguing that the ruling went beyond the commission’s authority to act under the Communications Act.
U.S. Supreme Court justices Monday appeared divided on telecom industry arguments that reimbursement requests submitted to the Universal Service Administrative Co.-administered E-rate program can’t be considered “claims” under the False Claims Act (FCA). Justices peppered lawyers for both sides with questions during oral argument as they heard Wisconsin Bell v. U.S., a case from the 7th U.S. Circuit Appeals Court (see 2410070047).
The Tuesday congressional elections could lead to significant turnover on the Senate Commerce Committee even beyond ranking member Ted Cruz, R-Texas, with four other panel members facing tough or potentially competitive reelection fights. The outcome of Cruz’s reelection bid against Rep. Colin Allred, D-Texas, has the biggest potential to alter the Senate Commerce dynamic because Cruz is poised to become panel chairman if he's reelected and Republicans gain a majority in the upper chamber (see 2411040049). Late polls suggested both of these results are more likely than not. It's less likely there will be substantial turnover on the Senate Judiciary, House Commerce and House Judiciary committees, as only a handful of those panels’ members face competitive contests.
The Court of International Trade rejected importer Retractable Technologies' bids for a temporary restraining order and preliminary injunction stopping the collection of Section 301 duties on its needles and syringes. However, in a decision made public Nov. 4, Judge Claire Kelly did stop liquidation of Retractable's entries during the course of the company's suit, which challenges the legality of a Section 301 rate hike on needles and syringes.
With more than $1.8 billion in federal cash from the broadband equity, access and deployment (BEAD) program on the line, USTelecom asked the California Public Utilities Commission to reconsider its rules for implementing the state’s BEAD initial plan volume 2. In a rehearing application (docket R.23-02-016) posted Friday at the CPUC, the national ISP association said it “cannot stand by and risk the Commission’s adoption of a collective set of requirements that will severely limit participation in and the overall effectiveness of California’s BEAD Program.” The commission should deny USTelecom's application, a consumer advocate urged.
Senate Intelligence Committee Chairman Mark Warner, D-Va., said during a Thursday Punchbowl News event he would prefer the chamber pursue a middle-ground between the Spectrum and National Security Act (S-4207) and 2024 Spectrum Pipeline Act (S-3909) as a legislative package for renewing the FCC’s lapsed airwaves auction authority. He also voiced concerns about the Biden administration’s implementation of $65 billion in broadband money from the Infrastructure Investment and Jobs Act, echoing criticisms congressional Republicans raised about how long it has taken for funded projects to come online.
A three-judge appeals court panel hearing a challenge (docket 24-7000) of the FCC's Title II reclassification of broadband questioned industry groups and the agency Thursday about the major questions doctrine (see 2409030030). Oral argument was held at the 6th U.S. Circuit Court of Appeals, where judges also questioned the relationship between the doctrine and Chevron deference, as well as the statutory interpretation of the Communications Act and the FCC's changing positions over time.
A temporary restraining order barring the state of Florida from threatening TV stations over campaign ads related to abortion has been extended for 14 days, said an order Tuesday in the U.S. District Court for Northern Florida (see 2410180050). The restraining order was set to expire Tuesday, the same day as the hearing for a preliminary injunction that would similarly bar the Florida Department of Health (DOH) from acting against TV stations running the ads. The group behind the ads, Floridians Protecting Freedom, requested both the restraining order and the preliminary injunction. The ads support an amendment to Florida’s constitution that would bar the state from limiting abortions, but DOH has argued that they pose a health nuisance by spreading inaccurate information about the state’s abortion policies. Chief Judge Mark Walker extended the restraining order to allow more time for him to rule on the preliminary injunction, Tuesday’s order said. “The parties’ briefing and the arguments raised at the hearing on the motion for preliminary injunction identified new issues with respect to Plaintiff’s claims, which this Court must consider before ruling on the pending motion,” the order said. Neither the state nor Floridians Protecting Freedoms objected to the extension, the order said. The TRO will now expire Nov. 12 or when the court rules on the preliminary injunction, whichever is sooner, said Tuesday’s order.
Republican presidential nominee Donald Trump, a member of his transition team and Elon Musk, X platform owner and SpaceX CEO, are repeating calls for broadcasters to lose their spectrum because their news broadcasts are too partisan.