Some FCC rules targeted for the deregulatory ax under the agency’s “Delete, Delete, Delete” proceeding were defended in reply comments, according to filings this week in docket 25-133, where replies were due Monday. The proceeding saw legions of initial commenters mentioning regulations from all corners of the communications regulation sphere (see 2504140063, 2504140046 and 2504140037). Replies were similarly active and far-reaching.
Broadcasters doubled down on calls for station ownership deregulation in reply comments filed by this week's deadline in the “Delete” docket (see also 2504290038), while public interest groups pushed back and cautioned the FCC not to skip required procedures in a rush to eliminate rules. Nexstar said that if the current ownership rules are retained, they will “doom television broadcasting.”
The U.S.-China Economic and Security Review Commission sought comment Monday on a series of questions as it prepares an unclassified report about China's use of spectrum. Comments are due May 19. “How does China prioritize between conflicting interests in spectrum allocation?” the commission asked. "How does China allocate spectrum bands across its primary telecommunications providers, including reallocation and clearing of in-use wavelengths?” The commission also inquired about the advantages China has through its regulatory structure. “Has China’s spectrum strategy led to more rapid deployment of technologies that rely on wireless communications and, if so, how has this created economic benefits for China?” The 12-member bipartisan commission is appointed by Congress and is part of the legislative branch of the federal government.
A U.S. District Court judge appeared to repeatedly show strong skepticism Monday toward government arguments defending the White House's executive order targeting law firm Jenner & Block. It's among multiple Big Law targets of President Donald Trump's executive orders, though it's uncertain whether those orders affect communications lawyers (see 2504170027). Jenner & Block is challenging the order (see 2504010072), with Monday's session addressing the firm's motion for a permanent injunction and DOJ's rival motion to dismiss. "Give me a break," Judge John Bates scoffed during roughly 100 minutes of oral argument as DOJ lawyer Richard Lawson was arguing that allegations of racial discrimination in Jenner's hiring were the rationale for the order to bar the firm's employees from accessing federal agencies and buildings.
Carrier groups urged the FCC to move cautiously as it updates its Part 36 separations rules, which haven’t seen a major overhaul for more than 35 years. The rules remain important for many small providers, they noted in comments due Wednesday in docket 80-286. The FCC also has the ongoing “Delete, Delete, Delete” proceeding, which is examining eliminating rules of all kinds (see 2504140046 and 2504140063).
Two top Senate Commerce Committee Democrats are voicing concerns that speculation that President Donald Trump may move to fire FCC Commissioner Anna Gomez (see 2503200057) will scare off potential Democratic candidates to replace retiring Commissioner Geoffrey Starks. Democratic FCC stakeholders began worrying about Gomez’s fate after Trump’s unprecedented March firings of Democratic FTC Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter (see 2503190057). Legal experts said during a Broadband Breakfast webinar Wednesday that the U.S. Supreme Court appears likely to overturn Humphrey’s Executor v. U.S., a 1935 decision stopping the president from firing FTC commissioners without cause, which has implications for the FCC and other independent agencies.
The Center for American Rights (CAR) has filed a news distortion complaint at the FCC against CBS, NBC and ABC over their coverage of Kilmar Abrego Garcia’s deportation to El Salvador. CAR is the same entity behind the ongoing news distortion proceeding against CBS over a 60 Minutes interview. The complaint comes less than a week after FCC Chairman Brendan Carr posted a warning to NBC parent Comcast about its coverage of Garcia. “Comcast knows that federal law requires its licensed operations to serve the public interest. News distortion doesn’t cut it,” Carr wrote Wednesday.
CTIA and other industry commenters urged the FCC to proceed with caution as it considers changes to wireless emergency alerts (WEAs) that were proposed in a February Further NPRM. Comments were due last week in dockets 15-94 and 15-91. The FNPRM proposed allowing more flexibility in sending out alerts using a “Public Safety Message” classification (see 2502270042).
The FCC’s pressure campaign against corporate diversity initiatives lacks a clear basis in the rules and isn’t likely to fare well if it is tested in the courts, said panelists during a Broadband Breakfast webinar Wednesday.
Approved by Congress last year (see 2412180027), the Spectrum and Secure Technology and Innovation Act makes clear that the FCC must auction all AWS-3 licenses remaining in its inventory, CTIA said in reply comments about an auction procedures NPRM. Whether the FCC should create a tribal licensing window (TLW), which could allow tribes to obtain spectrum for some of the least-connected communities in the U.S., remains a contentious issue (see 2504010055). Comments were posted Tuesday in docket 25-70.