The Senate on April 23 plans to begin considering a House-passed bill that would ban TikTok in the U.S. unless China’s ByteDance divests the popular social media application (see 2404180020).

Industry and consumer groups have lobbied the FCC in recent days on whether to maintain its proposed language regarding forbearance of Universal Service Fund (USF) contributions for broadband internet access service (BIAS) in its draft order restoring net neutrality rules, according to an analysis of recent ex parte filings in docket 23-320. The FCC in its draft order to be considered Thursday during the commissioners' open meeting tentatively decided to grant ISPs forbearance from Communications Act Section 254(d) requirements, which govern USF contributions (see 2404050068).

T-Mobile’s 2020 Sprint buy “fundamentally changed the structure of the retail wireless market,” causing reduced competition and higher prices, said the seven AT&T and Verizon customer plaintiffs who seek to vacate the transaction on antitrust grounds. Their answering brief Thursday (docket 24-8013) in the 7th U.S. Circuit Appeals Court opposes T-Mobile’s petition for interlocutory review to reverse the district court’s denial of its motion to dismiss their T-Mobile/Sprint challenge for lack of antitrust standing (see 2404090059).

The Coalition for Emergency Response and Critical Infrastructure (CERCI) told the FCC in a filing it lacks legal authority to award control of the 4.9 GHz band to the FirstNet Authority (FNA). New Street’s Blair Levin highlighted the filing Wednesday in a note to investors. “The Commission lacks statutory authority under the Middle Class Tax Relief and Job Creation Act of 2012 to award the FNA a license beyond the 700 MHz band addressed by that Act, and no other statute authorizes such a transfer,” CERCI said in a filing in docket 07-100: “Even if the FCC were authorized to make this grant, the FNA is not statutorily authorized to receive it” and “attempting to undertake this grant based on existing statutory authorities would, in any case, violate the major questions doctrine and raise nondelegation issues.” If lawyers at the FCC “agree with the argument, it moots the policy arguments about the relative benefits of national versus local control of spectrum and prevents the reallocation of the 50 megahertz of 4.9GHz spectrum licenses at issue,” which would be a “win” for Verizon and T-Mobile, Levin said. The arguments “are designed to have appeal to both Democrats and Republicans, who, in particular, are more sympathetic to arguments based on the major questions doctrine and the nondelegation doctrine,” he said. CERCI was formed last year by some public safety groups, the Edison Electric Institute, T-Mobile, UScellular, Verizon and the Competitive Carriers Association (see 2311160052). AT&T declined comment Thursday.

NTCA raised concerns about the FCC's proposed decision to grant ISPs forbearance from USF contributions under Communications Act section 254(d), holding separate meetings with aides to Commissioners Geoffrey Starks and Anna Gomez (see 2404050068). The FCC "would be on sounder legal footing" if it issued a Further NPRM "to consider how and whether to reform universal service contributions," the group said in an ex parte filing posted Thursday in docket 23-320. Forbearance is "a blunt instrument where a lighter touch that has similar effect would be far more appropriate," NTCA said, asking the commission to "adopt a procedural approach that will at once enable more careful consideration of the merits of contribution reforms and potential impacts."

Although all members of the House Ways and Means Committee supported a bill renewing the Generalized System of Preferences benefits program, the bill proceeded to the House floor on a split bipartisan vote of 17-24 as Democrats unsuccessfully called to include an extension of the Trade Adjustment Assistance for Workers program, which lapsed in 2022.

A sports-focused digital platform that raised $22 million from 38 outside investors through private offerings “falsely promised investors exponential growth” in revenue and stock value, alleged an SEC complaint Wednesday (docket 1:24-cv-02896) in U.S. District Court for Southern New York in Manhattan.

Although all members of the House Ways and Means Committee supported a bill renewing the Generalized System of Preferences benefits program, the bill proceeded to the House floor on a split bipartisan vote of 17-24 as Democrats unsuccessfully called to include an extension of the Trade Adjustment Assistance for Workers program, which lapsed in 2022.

Affordable Connectivity Program Extension Act (HR-6929/S-3565) lead House sponsor Rep. Yvette Clarke, D-N.Y., told us she's cautiously optimistic ahead of the opening of a discharge petition Thursday to force a floor vote on the measure (H.Res. 1119). HR-6929/S-3565 proposes allocating $7 billion for FY 2024 to the ailing FCC connectivity program. Thursday marks the end of a seven-legislative-day waiting period before Clarke can begin collecting signatures on the petition, which would require backing from at least 218 members before becoming effective (see 2404100075). Republican observers, even those who support giving ACP stopgap money, are skeptical the discharge petition bid will succeed.

The two top lawmakers on the House Select Committee on China on April 16 asked the State Department to “intensify and elevate its global diplomatic efforts” to ensure the EU passes an agreement to ban imports of goods made with forced labor.