Congressional delegation of authority and enforcement power to agencies and the tenure protections of agency administrative law judges aren't unconstitutional, argued the SEC in a petitioner's brief before the U.S. Supreme Court Monday in SEC v. Jarkesy. The brief hewed closely to the arguments the SEC made in its loss before the 5th U.S. Circuit Court of Appeals, law professors and attorneys told us. “There’s nothing unexpected in it,” emailed Arizona State law professor Ilan Wurman, who filed an amicus brief in the case supporting neither party. A SCOTUS decision in SEC v. Jarkesy could have ramifications for other federal agencies that use ALJs, such as the FCC (see 2211030063).
The optical network market continues to grow after a “slight hiccup” in 2020 when providers hesitated briefly after the COVID-19 pandemic started, said Jimmy Yu, Dell'Oro Group analyst for optical transport, during the Fierce Telecom Optical Summit Tuesday. But Yu predicts challenges ahead. Other speakers predicted growth as providers look to cut operating costs and make their networks more efficient.
T-Mobile US and parent Deutsche Telekom oppose Dish Network's move to delay until June 30 Dish's purchase of T-Mobile’s 800 MHz spectrum. Earlier this month, Dish asked the U.S. District Court for the District of Columbia to give it until that date to put together financing to buy the spectrum, which was part of a web of agreements around T-Mobile’s buy of Sprint (see 2308170065). Dish would have to pay a $72 million fee for walking away from the deal (see 1907260071).
Florida and the communications industry are preparing for Idalia, a tropical storm that's expected to develop into a major hurricane before it makes landfall on the Gulf Coast in days. “It will become a hurricane ... without question,” said Gov. Ron DeSantis (R) at a Monday news conference in Largo, Florida. “Buckle up for this one.”
Three telecom policy stakeholder groups urged Senate Communications Subcommittee leaders Friday to include stronger accountability rules in USF revamp legislation but diverged on some other goals. The entities were responding to a late July feedback request from Communications Chairman Ben Ray Lujan, D-N.M., ranking member John Thune, R-S.D., and other USF working group members for feedback on the path forward on legislation (see 2305110066). FCC Chairwoman Jessica Rosenworcel, meanwhile, is pushing back against criticisms from House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Senate Commerce Committee ranking member Ted Cruz, R-Texas, of the agency's Learning Without Limits proposal to allow E-rate program money to pay for Wi-Fi on school buses and for hot spots (see 2307310063).
The FCC Office of Engineering and Technology launched a process for testing the automated frequency coordination (AFC) systems that will manage access to 6 GHz band spectrum by standard-power unlicensed devices. The public notice came later than expected, with some experts saying last year they thought testing could be completed early this year (see 2211040055). Canada regulators approved Qualcomm last week as the first 6 GHz AFC operator there (see 2308230060).
The Pennsylvania Public Utility Commission voted 5-0 Thursday to move forward on an advance notice of proposed rulemaking (ANOPR) on amending state USF rules. The PUC during a livestreamed meeting approved a bid by Chairman Gladys Brown Dutrieuille to seek comment on what she said are “broad questions about the challenges of supporting voice and internet networks and services” as part of the ANOPR. The PUC postponed considering the rulemaking proposal in early August (see 2308020057). Comments on the ANOPR in docket L-2023-3040646 are due 90 days after its publication in the Pennsylvania Bulletin, with replies due within 120 days.
The recent promotion of Austin Bonner to deputy U.S. chief technology officer-policy (see 2308180042) could address a recurring concern among Biden administration watchers that there’s no one close to the White House with enough standing to keep tabs on telecom and other communications matters, industry experts told us. But they said it remains to be seen whether the change will have much effect.
Broadband experts highlighted the status of current risks facing the rollout of NTIA's broadband, equity, access and deployment program and efforts underway by industry, during a Broadband Breakfast panel Wednesday in Orlando after the Fiber Broadband Association's annual conference. Some cited the need to use data to make long-term, sustainable investments in future projects.
Advertisers have been slow to shift their focus to streaming, but that's starting to change, said streaming industry officials Wednesday in panels during the virtual StreamTV Advertising Summit. Viewership “eyeballs” are surging, “but maybe advertising dollars haven’t quite caught up yet,” said DirecTV Head-Programmatic and Digital Sales Rose McGovern. Panelists also discussed ad targeting and discoverability at the event. Ad budgets for streaming are on the rise but “shifting or scattered,” said Aulden Kaye, head-Advertising Partnerships at Philo. The industry is “headed in the right direction,” McGovern said.