Communications Litigation Today is tracking the lawsuits below involving appeals of FCC actions.

Stop Project 2025 Task Force founder Rep. Jared Huffman of California and 15 additional House Democrats asked FCC Inspector General Fara Damelin and other federal watchdogs Wednesday to investigate “potential ethics violations” by Republican FCC Commissioner Brendan Carr related to his writing the telecom chapter of the Heritage Foundation’s Project 2025 manifesto. Carr, seen as the front-runner to lead the FCC if former President Donald Trump wins a second term (see 2407120002), urged in the Project 2025 chapter to roll back Communications Decency Act Section 230 protections for tech companies, deregulate broadband infrastructure and restrict Chinese companies. Trump has disavowed Project 2025 and its proposals.

It seems likely FCC commissioners will approve 3-2 a draft order and Further NPRM allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. FCC Republicans are expected to issue dissents. Some advocates hope the item will be tweaked to address fixed wireless access and partnerships with nontraditional providers (see 2406270068). Commissioners will vote at their open meeting Thursday.

The U.S. Supreme Court’s recent decisions in Loper Bright Enterprises v. Raimondo, which overruled the Chevron doctrine (see 2406280043), and in SEC v. Jarkesy (see 2406270063) were “a good thing,” FCC Commissioner Brendan Carr said Wednesday during a Multicultural Media, Telecom and Internet Council webinar. Other former FCC officials disagreed sharply with the rulings that appear to expand judges' power while reining in regulatory agencies like the FCC.

California’s age-appropriate design law doesn’t violate the First Amendment because it regulates social media data practices, not content, the office of Attorney General Rob Bonta (D) argued Wednesday before the 9th U.S. Circuit Court of Appeals. The court’s three-judge panel suggested the First Amendment applies.

ISPs should ensure customers have up-to-date equipment and can receive faster speeds as they upgrade their networks, Ookla Vice President-Government Affairs Bryan Darr said during a Fiber Broadband Association webinar Wednesday. Darr also emphasized the need to invest in the final yards of last-mile infrastructure, noting that it's "going to impact if [a consumer] bought a good level of service" regardless of a provider’s advertised speeds.

The FCC on Tuesday released a draft NPRM that considers consumer protections against AI-generated robocalls and two other items scheduled for a vote at the commissioners' Aug. 7 open meeting (see 2407160064). In addition, it released drafts of an order creating an emergency alert system code for missing and endangered persons and an NPRM on procedural updates to the robocall database.

An FCC proposed handset unlocking NPRM will likely receive unanimous approval at the commissioners' open meeting Thursday, probably with minimum tweaks, lawyers and others in the proceeding told us. Currently, among the national carriers, only Verizon is subject to broad unlocking requirements, though T-Mobile faces some owing to its Mint Mobile and Ultra Mobile acquisition. The notice proposes all mobile providers unlock a consumer’s handset 60 days after it's activated.

WEST PALM BEACH, Fla. -- State utility commissioners at the NARUC conference grappled Tuesday with the U.S. Supreme Court reversal of the Chevron doctrine. Loper Bright, “though not framed as a federalist decision," has "modest pro-state implications,” Wilkinson Barker’s Daniel Kahn said during a panel of telecom law experts. Earlier, an NTCA official told the NARUC Telecom Committee that his association plans to seek reconsideration of an FCC order on next-generation 911 if commissioners approve it at their Thursday meeting.

Don't expect big changes in the next-generation 911 draft order that's set for a vote during the FCC commissioners' open meeting Thursday, a 10th-floor official tells us. While the order should help facilitate the NG911 transition, a quicker route would come if Congress found the roughly $15 billion that states and localities likely need for deployment, said Jonathan Gilad, National Emergency Number Association (NENA) government affairs director. Minus federal funding, "it will always be a haves and have-nots situation," with some localities and states more financially able than others to afford the transition, he said. The FCC said the order is aimed at accelerating the NG911 rollout (see 2406270068).