Industry lawyers continue to assess the potentially seismic implications of Loper Bright Enterprises v. Raimondo and the other Chevron case decided last week (see 2406280043). Yet the after-effects are being seen already. The 6th U.S. Circuit Court of Appeals on Friday directed parties in the net neutrality challenge to file not later than July 8 supplemental briefing material addressing the effect of the Chevron decision “on our analysis” of a motion to stay the order (see 2406280060).
The commercial space industry widely objects to the FCC's proposed "object-years" approach for space safety, with numerous operators in comments last week calling it ineffective and more than one deriding it as "simplistic" (docket 18-313). Those comments were part of a record refresh in the FCC's orbital debris mitigation docket (see 2405020048). The FCC's object-years proposal would cap at 100 the number of years failed satellites in a constellation could remain in orbit. It has placed 100 object-years conditions on several non-geostationary orbit (NGSO) constellations in the past year (see 2406120006).
California telecom service quality standards could expand to more types of providers and carry new penalties under a California Public Utilities Commission staff proposal released last week. Current enforcement for plain old telephone service (POTS) hasn’t improved service, CPUC staff found. “In addition, the light-touch approach for VoIP and wireless services has not yielded improved service quality for those customers.”
The U.S. Supreme Court’s conservative majority surprised no one Friday, issuing a decision decided on ideological lines that overrules the Chevron doctrine. Chevron gave agencies like the FCC and FTC deference in interpreting laws that Congress approved. On the penultimate day of its term, the court released a decision that wraps together Loper Bright Enterprises v. Raimondo and Relentless v. Commerce. Both cases concern fishing regulations but were used as a vehicle for overturning Chevron.
The statute authorizing the federal TikTok ban -- the Protecting Americans from Foreign Adversary Controlled Applications Act -- is unconstitutional, and it isn’t even “a close case,” four professors’ amicus brief said Thursday (docket 24-1113), urging that the U.S. Appeals Court for the D.C. Circuit reject it.
House lawmakers dealt a pair of potentially temporary setbacks Thursday to CPB and commercial broadcasting legislative interests. The House Appropriations Labor, Health and Human Services, Education and Related Agencies (LHHS) Subcommittee advanced its FY25 bill without advance FY 2027 funding for CPB, as expected (see 2406250056). Meanwhile, the House Commerce Committee abruptly canceled a planned Thursday markup of the AM Radio for Every Vehicle Act (HR-8449). The American Privacy Rights Act (HR-8818) and Kids Online Safety Act (HR-7891) were expected to draw contentious debate during the markup (see 2406260062).
A top California communications lawmaker pushed back on industry opposition to a bill that would require $30 affordable internet plans as a condition of receiving California Advanced Services Fund (CASF) infrastructure grants. The Assembly Communications Committee voted 8-2, with two Republicans voting no, to advance SB-424 at a Wednesday hearing. In addition, the committee voted 10-0 for bills that set broadband labor standards (SB-1460) and expand eligibility for CASF public housing broadband grants (SB-1383). All three pieces of legislation, previously passed by the Senate, will go to the Appropriations Committee.
Contrary to some expectations, 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 wasn’t expanded to include fixed wireless access and partnerships with nontraditional providers, based on the text of the draft released Thursday. Commissioners will vote July 18.
5G fixed wireless access will experience continuing growth in the U.S. and expand globally, panelists said during an Opensignal webinar Thursday. While FWA took off in the U.S. first, led by T-Mobile and Verizon, it’s spreading worldwide.
Thursday’s 6-3 U.S. Supreme Court decision in SEC v. Jarkesy could have large implications for future FCC enforcement actions, with academics, FCC attorneys and the three dissenting justices saying they expect it to prompt a storm of litigation for federal agencies.