The FCC's digital discrimination rules "pile overreach on overreach," said attorney Morgan Ratner on behalf of the Minnesota Telecom Alliance (MTA) and other industry groups challenging the commission's rules Wednesday during oral argument in the 8th U.S. Circuit Appeals Court (see 2407300048). The rules are based on an "unprecedented disparate impact scheme that is in many ways the broadest the federal government has ever seen," the lawyer added. None of the FCC's decisions in its order is based on a "plausible understanding" of Congress' intention.
The Pennsylvania Public Utility Commission voted 4-1 Thursday to approve the FCC’s December changes to pole attachment replacement rules, which clarified transparency requirements for pole owners and established an intra-agency “rapid broadband assessment team” to review pole attachment disputes and recommend solutions (see 2312130044). The California Public Utilities Commission voted 4-0 later in the day to approve state rules implementing volume 2 of its plan for rolling out the $1.86 billion allocation from NTIA’s broadband equity, access and deployment (BEAD) program (see 2408260027).
The 5th U.S. Circuit Court of Appeals should lift a district court injunction against Texas’ social media law and remand the case to assess the tech industry’s First Amendment challenge at a more granular level, Texas Attorney General Ken Paxton (R) argued Wednesday (docket 21-51178).
The FCC's 988 wireless call georouting draft order on its Oct. 17 open meeting agenda (see 2409250041) opens the possibility of the agency also requiring georouting of text messages. The georouting draft order and the other October agenda item -- a draft order requiring that all wireless handsets be hearing-aid compatible -- were released Thursday. Also on the agenda is an unspecified restricted adjudicatory Media Bureau matter.
State government entities and telecom companies braced Wednesday for the imminent arrival of Hurricane Helene. The powerful weather event could become a Category 4 hurricane before reaching Florida's Gulf Coast Thursday, likely damaging buildings and knocking out power in many places, said an AccuWeather advisory Wednesday.
An order approving Audacy’s request for a temporary exemption from the foreign-ownership rules was adopted but isn’t expected to be released before next week, FCC officials told us. The waiver would allow Audacy to complete foreign-ownership review after it finishes a bankruptcy restructuring that involves control of the broadcaster passing to a fund affiliated with George Soros' family. FCC Republicans hadn’t submitted dissenting statements Wednesday afternoon but indicated they plan to do so, the agency officials said. Broadcast industry officials, attorneys and others told us the Audacy transaction wouldn’t attract as much attention without Soros’ name attached, and that radio broadcasters have long sought increased private equity investment in their industry. “They’re making it a political ax,” said Christopher Terry, University of Minnesota media law professor. “The radio industry has been cash-strapped for 20 years.”
ATLANTA -- The U.S. is taking an increasingly hard line against all connected Chinese and Russian devices, not just those from particular manufacturers such as Huawei, cybersecurity expert Clete Johnson told attendees at SCTE's annual TechExpo Wednesday. Meanwhile, cable providers at TechExpo discussed why it's imperative that there is better convergence in wireline and mobile services.
“Shoveling more spectrum” into the pool of available frequencies for unlicensed use won’t necessarily mean faster Wi-Fi speeds, Richard Bennett, High Tech Forum founder, said during a Georgetown University Center for Business and Public Policy webcast Wednesday. Bennett, who worked on the initial Wi-Fi standard, also questioned whether 6 GHz is taking off as a Wi-Fi band. It's expected he will lay out his arguments in a paper next week.
Europe needs better connectivity to compete globally, speakers said Wednesday at a discussion on the bloc's digital future. They cited former European Central Bank President Mario Draghi's Sept. 9 competitiveness report, which, among other things, urged the EU to "profoundly refocus its collective efforts on closing the innovation gap with the US and China, especially in advanced technologies."
The railroad industry is too early to challenge a 2023 Virginia law that gave ISPs access rights to railroad properties, said Virginia State Corporation Commission Judge Jehmal Hudson and other state officials in a response brief Wednesday at the 4th U.S. Circuit Court of Appeals. The Association of American Railroads (AAR) is appealing a U.S. District Court for Eastern Virginia decision to dismiss its lawsuit against the state officials for lack of standing and other reasons (see 2407220018). The Virginia appellees urged the 4th Circuit to affirm the district court’s judgment.