Howard Buskirk

The FCC was in the hot seat Tuesday at the 9th U.S. Circuit Court of Appeals, which heard oral argument in League of California Cities v. FCC (case 20-71765) on a challenge to a wireless siting declaratory ruling approved in June 2020 under former Chairman Ajit Pai (see 2006090060).

Industry observers expect the FCC's Thursday forum on AI to be mostly an information gathering session as the agency focuses on one of the hot topics of the year but said questions remain about how large a role, or even what role, the FCC could play in rapidly emerging field. The AI forum is the agency's first since 2018 (see 1811300051).

The FCC appears unlikely to grant T-Mobile special temporary authority to launch service in the markets where it won licenses in last year’s 2.5 GHz auction, which ended almost a year ago. The agency declined to award the licenses, or grant a STA, after its auction authority expired earlier this year (see 2304260058).

Industry groups supported a March petition by the Competitive Carriers Association seeking tweaks to the FCC’s 911 outage reporting rules, approved 4-0 by commissioners last year (see 2211170051). APCO and the Boulder Regional Emergency Telephone Service Authority (BRETSA) opposed the petition in the initial comment round (see 2306270045). But most groups waited for the reply round to weigh in.

The U.S. Supreme Court’s 6-3 decision last week in the student loan case, Biden v. Nebraska, didn’t touch on communications law, but it delves deeper into the "major questions doctrine" laid out a year ago in West Virginia v. EPA (see 2206300066). Legal experts told us the opinion, by Chief Justice John Roberts, appears to further expand when the doctrine may apply and moves the court further away from the Chevron doctrine. The case also has implications for the most controversial items addressed by the FCC, including net neutrality, experts said.

This has been a quiet year for FCC’s Technological Advisory Council, which last met Dec. 8, but members remain focused on a few remaining reports, all focused on 6G, and the FCC is still focused on the group, a spokesperson said. The FCC announced last week TAC will meet Aug. 17 (see 2306300059), in what is expected to be the final meeting under its current charter. TAC met four times last year and has generally had quarterly meetings.

Carriers are still working through how to approach the cloud, experts said Thursday during a webinar by data services company Pure Storage and GSMA’s Mobile World Live. Experts said the hybrid cloud, with data in both public and private clouds, and at on-premise data centers, is starting to become a reality.

Lawyers at Venable said Thursday U.S. Supreme Court justices will likely find it irresistible to use an upcoming case, Loper Bright Enterprises v. Raimondo, to clarify the status of the Chevron doctrine (see 2305050038). The lawyers noted during a webcast that the brief seeking review of the case (docket 22-451) was written by Paul Clement, U.S. solicitor general under George W. Bush, and is salted with citations to decisions by many of the conservative justices inviting a review of Chevron.

Dish Network is building a 5G stand-alone network that depends on software and is rooted in the cloud, Marc Rouanne, Dish Wireless chief network officer, said Wednesday at Silverlinings’ Cloud-Native 5G Summit. Other experts warned that the cloud, and 5G, also present new security concerns with an expanded attack surface.

ATIS supported a March petition by the Competitive Carriers Association seeking tweaks to the FCC’s 911 outage reporting rules, approved 4-0 by commissioners last year (see 2211170051). Comments were due Monday in docket 15-80 (see 2306140057). ATIS’ Network Reliability Steering Committee “believes that it is infeasible to comply with the recently-adopted reporting rules” requiring carriers to provide 911 special facilities with all available material information they have about an outage within 30 minutes of discovery, said a filing posted Tuesday. “Until there is notification from a third-party (such as from a vendor or another service provider etc.), originating service providers would not know of an outage or its impact,” ATIS said: “Even after an originating service provider receives notification of an outage, 30 minutes is a challenging deadline. … In this very short window of time, providers likely will not know the root cause, the outage’s extent, or be able to estimate when service would be restored, and in some cases may not be able to identify the affected” public safety answering points. The Boulder Regional Emergency Telephone Service Authority opposed the petition. “If providers are unwilling or unable to monitor their systems and traffic, and timely report outages, then they should authorize or assign third-party network providers on which their services are dependent to provide outage notifications, and supply those third-party network providers the information they need to fully report the impact of the outage,” the Colorado agency said. APCO also opposed the reconsideration petition (see 2306260062).