FCC Chairman Brendan Carr’s announcement that the FCC will begin investigating regulatees with diversity, equality and inclusion programs appears to be among the first actions a federal agency has taken to enforce President Donald Trump’s DEI executive order, though the FCC’s authority in this area is unclear, attorneys and academics told us. In his letter Tuesday to Comcast, Carr said the agency plans “broader efforts to root out invidious forms of DEI discrimination across all of the sectors the FCC regulates.”
A legal challenge to the FCC's over-the-air reception devices (OTARD) rules might face procedural problems, a federal judge said Tuesday. But the three-judge panel for the U.S. Court of Appeals for the D.C. Circuit also seemed skeptical during oral argument (docket 24-1108) of the commission's creating a "human presence" requirement in its OTARD rules for Indian Peak Properties. The company is appealing an FCC order that denied its petitions for declaratory ruling. Indian Peak was seeking a federal preemption under the OTARD rule of a Rancho Palos Verdes, California, decision to revoke its local permit for the deployment of rooftop antennas on a property (see 2405060035).
The FCC’s draft notice of inquiry on opening the upper C band for commercial use acknowledges numerous incumbents using the spectrum and seeks “detailed and evidence-based comments” from all affected parties. Also on Thursday, the FCC released a draft NPRM on rules for the AWS-3 auction and other items, teeing them up for the FCC’s Feb. 27 open meeting, including new rules for wireless emergency alerts (see 2502050057).
The FCC abruptly declined to defend the inclusion of a nonbinary gender category in its broadcaster workplace diversity data collection shortly before the start of oral argument at the 5th U.S. Circuit Court of Appeals on Tuesday. The eleventh-hour shift could lead to the court declining to rule on the case, attorneys told us.
FCC Chairman Brendan Carr expected CBS to give in to the agency’s request for an unedited transcript of a 60 Minutes interview with Vice President Kamala Harris by the end of day Monday, he said in a Monday morning Fox interview. “It's due today, and I expect CBS to provide it by the end of the day, to see what in fact was said as part of our own news distortion investigation,” Carr said.
Preempt California's regulatory framework for VoIP services, the Cloud Communications Alliance and Cloud Voice Alliance asked the FCC in a petition for declaratory ruling filed Monday (see 2501240002). The California Public Utilities Commission’s pending proceeding on the issue "conflicts with federal policies designed to promote competition, innovation, and affordable communications services," the groups said. They also asked that the FCC reaffirm its "end-to-end jurisdictional analysis as the definitive standard for determining the regulatory treatment of VoIP services."
Securus urged the 1st U.S. Circuit Court of Appeals to transfer to the 5th Circuit the company’s challenge of the FCC’s July order implementing the Martha Wright-Reed Act of 2022, which reduces call rates for people in prisons while establishing interim rate caps for video calls (see 2407180039). Securus and various states disagreed sharply with public interest groups about whether the rates set were too low or potentially too high.
President Donald Trump signed a host of executive orders Monday that could affect FCC policy going forward and have already led newly minted FCC Chairman Brendan Carr to scrub the agency’s processes of references to diversity, equity and inclusion and scrap the FCC’s diversity committee. The executive orders include a pause on the TikTok divestiture rule, a freeze on new regulations, a return of the Schedule F rule making it easier to replace federal workers with political appointees, and policies requiring information sharing with the new Department of Government Efficiency. Another order issued Monday officially designated Carr as chairman.
The NAB-led multistakeholder ATSC 3.0 task force, The Future of TV Initiative (FOTI), released its final report Friday, but the document offers few actionable recommendations and shows little new agreement among stakeholders (see 2501090047). “The report will provide the FCC with a better understanding of stakeholders’ outstanding issues and concerns as it moves forward with the rulemakings necessary to complete the transition and will help focus the efforts of industry as they continue to deploy ATSC 3.0,” NAB said in a news release Friday.
Eight former FCC commissioners filed an amicus brief at the U.S. Supreme Court last week urging the justices to overturn the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program. Meanwhile, likely Senate Communications Subcommittee leaders Deb Fischer, R-Neb., and Ben Ray Lujan, D-N.M., led an amicus brief with 27 other House and Senate lawmakers defending the funding mechanism.