In a post-Chevron deference era, the FCC's space regulatory work beyond its spectrum bailiwick could be on shaky ground, space law experts said Tuesday during an FCBA CLE. Multiple speakers predicted "friendly chaos" for space policy from the incoming Trump administration, with it likely being friendly to commercial space but change being a constant. The Chevron doctrine, under which courts generally defer to regulatory agencies' expertise, was overturned this year by the U.S. Supreme Court's Loper decision, which gives agency expertise lesser weight.
Congressional GOP leaders are doubtful about lawmakers' chances of reaching a year-end deal on an additional $3.08 billion for the FCC's Secure and Trusted Communications Networks Reimbursement Program even as some Democrats are softening their insistence that the funding move in tandem with stopgap money for the FCC's lapsed affordable connectivity program. Sen. Steve Daines of Montana, Rep. August Pfluger of Texas and nine other Republicans wrote congressional leaders Monday to press for rip-and-replace funding in a bid to highlight the issue amid the lame-duck frenzy.
In what could be its last full meeting under Chairwoman Jessica Rosenworcel, the FCC on Dec. 11 will consider rules that would expand parts of the 6 GHz band where new very-low-power (VLP) devices can operate without coordination, beyond the initial 850 MHz commissioners approved last year (see 2310190054). Commissioners at the open meeting will also consider changing rules that govern letters of credit for USF programs and an item updating several broadcast radio and TV rules. Also on the agenda are various enforcement items, which will be released after the commission's approval.
Kids’ online safety legislation is unlikely to gain House approval during the lame-duck session, House Commerce Committee ranking member Frank Pallone, D-N.J., and key Republicans told us in interviews.
A three-judge panel at the U.S. Court of Appeals for the D.C. Circuit did not appear receptive Monday to a low-power TV broadcaster’s oral argument (docket 24-1004) that Congress didn’t intend to limit the 2023 Low-Power Protection Act’s effects to smaller markets (see 2407050020).
Commenters disagreed on whether the FCC should require additional disclosures relative to AI calls, in reply comments to an NPRM that commissioners approved 5-0 in August. Consumer and public interest groups urged a smart approach, targeting calls that will most likely confuse consumers. Industry commenters said no new rules are needed now.
Republican FCC Commissioner Brendan Carr swiftly pointed Sunday night and Monday to enforcing broadcasters’ “public interest obligation” and ending the commission’s “promotion of” diversity, equity and inclusion policies as key parts of his agenda once he becomes chairman Jan. 20. President-elect Donald Trump announced plans Sunday night to make Carr permanent chairman when he takes office (see 2411170001). Some congressional Democrats and public interest groups criticized Carr’s agenda, while many communications policy-focused groups quickly praised the long-expected appointment (see 2407120002).
The federal government should financially support the growth of data centers in the U.S., telecom and tech groups said last week in comments to NTIA. Meanwhile, an Amazon workers' organization urged that NTIA should be aware of data centers' carbon footprint and skeptical about industry’s environmental impact assessments.
Industry groups widely opposed an FCC notice of inquiry seeking comment about the impact of broadband data caps on consumers and potential regulatory steps the agency could take. In comments posted Friday in docket 23-199 (see 2410150069), many warned the proceeding was a step toward rate regulation and potential consumer harm should the FCC limit the use of data caps. Some public interest groups urged the commission to proceed, however.
The Biden administration is making progress on each of the five bands it's studying as part of the national spectrum strategy (see 2311130048), Shiva Goel, NTIA senior adviser-spectrum policy, said during a Center for Strategic and International Studies webinar late Thursday. Other speakers said the government must make available more high-powered licensed spectrum to ensure the nation doesn’t fall behind China and other competitors.