Federal Communications Commission (FCC)

Former President Donald Trump famously doesn't do policy detail, but this time around his senior advisers and self-described MAGA revolutionaries are doing it for him. Trump himself has repeatedly called for punishment of disfavored media, including FCC-licensed "fake news" outlets. But the specifics of the disruptions planned for policy and governance of telecom (along with many other sectors) are most explicitly framed in the Heritage Foundation's Project 2025, the massive policy prescription directed in part by Trump's past and presumably future advisers and appointees. Among contributors is FCC Commissioner Brendan Carr, author of the chapter on the future of the agency and telecom policy as a whole. In this Comm Daily Special Report, published on the eve of the Republican National Convention in Milwaukee, our award-winning editorial team looks at the ideas and the people that would transform telecom in America if Donald Trump is returned to office. (Our counterpart examination of Democratic plans -- whether under a reelected President Joe Biden or someone else -- will appear in August.)

States hope they can increase federal engagement on telecom no matter who is president in 2025, current and former state utility commissioners said in interviews. In a possible second Donald Trump presidency, “the states and localities are really going to be where broadband policy is made,” predicted Gigi Sohn, Benton Institute for Broadband & Society senior fellow. Some said there is a lot of uncertainty about how a Trump administration might change rules for state grants under NTIA’s $42.5 billion broadband equity, access and deployment (BEAD) program.

The House Appropriations Committee voted 31-25 Wednesday to advance its Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill without advance FY 2027 money for CPB after Democrats didn’t attempt to restore the allocation. The House Rules Committee, meanwhile, will consider filed amendments to Appropriations’ FY25 Financial Services Subcommittee bill (HR-8773) that aim to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding. The measure proposes boosting the FCC’s annual allocation to $416 million but includes riders barring the commission from implementing GOP-opposed net neutrality and digital discrimination orders (see 2406050067).

ISPs told the 6th U.S. Circuit Court of Appeals that the U.S. Supreme Court’s recent decision in two cases overturning the Chevron doctrine means the FCC’s net neutrality order must be stayed pending judicial review (see 2407010036). The FCC said Loper Bright Enterprises v. Raimondo and the other case had no implications for its order, which reclassified broadband as a Title II service under the Communications Act.

Sustaining broadband networks is a “paramount objective” of the Nebraska Universal Service Fund (NUSF) high-cost program, especially with the "influx of federal and state deployment funding," the Nebraska Public Service Commission decided in a Tuesday order. Commissioners voted unanimously Tuesday for two orders on state USF changes (docket NUSF-139) and to consider sanctions against Windstream for three separate 911 outages (docket 911-076).

FCC Chairwoman Jessica Rosenworcel showed no willingness Tuesday to abandon a March Further NPRM that would ban bulk billing arrangements between ISPs and multi-dwelling unit owners (see 2403050069) despite bipartisan criticism during a House Communications Subcommittee hearing. She was similarly unmoved by GOP skepticism about a proposal requiring disclosure of AI-generated content in political ads (see 2405220061). During the hearing, Republican Commissioner Brendan Carr called for the FCC to backtrack on both proposals because of the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other rulings (see 2407080039).

The FCC received unanimous support from commenters that have filed so far for an NTIA proposal that calls for using geofencing to allow higher equivalent isotropically radiated power limits for cellular vehicle-to-everything on-board units in the 5.9 GHz band (see 2406100032). Comments were posted on Friday and Monday (docket 19-138).

The FCC will hold a forum on direct video calling (DVC) and related issues July 30. The session will explore how government agencies can implement DVC, an internet service that allows communication between American sign language users without the need for a translator. The session will begin at 1 p.m. in the Commission Meeting Room at FCC headquarters. The forum "features an overview of relevant Executive Orders regarding accessible Federal customer services ... and exhibits by DVC providers," the FCC said.

The U.S. Supreme Court’s June decision in Loper Bright Enterprises v. Raimondo that overruled the Chevron doctrine (see 2407010036) will likely heavily influence discussion during a House Communications Subcommittee hearing Tuesday on the commission’s FY 2025 funding request, congressional aides and lobbyists told us. Chevron gave the FCC and other federal agencies deference in interpreting federal laws. Republican FCC Commissioner Brendan Carr is urging the commission ahead of the House hearing to drop a planned July 18 vote on a draft order and Further NPRM letting schools and libraries use E-rate support for off-premises Wi-Fi hot spots in response to the ruling. The hearing will begin at 10 a.m. in 2123 Rayburn.

California state senators pushed back on two digital equity bills Tuesday. Multiple Communications Committee members during a livestreamed hearing raised concerns about the Assembly-passed AB-2239, which would ban digital discrimination as the FCC defines it. Also, the committee scaled back the Assembly-approved AB-1588, which had proposed to update the California LifeLine subsidy program to support broadband for low-income households. The committee directed the LifeLine bill’s sponsor to find a compromise with industry opponents and other stakeholders over the summer recess that runs from July 3 to Aug. 5.