The 5th U.S. Circuit Court of Appeals' ruling Wednesday against the FCC's Universal Service Fund contribution factor for the first quarter of 2022 will likely have little to no immediate impact on the commission's USF-funded programs and providers contributing to the fund, trade groups and legal experts told us (see 2407240043). It's uncertain how the U.S. Supreme Court would interpret conflicting rulings of the 5th, 6th and 11th circuits. Consumers' Research asked SCOTUS in a supplemental brief filed Thursday (docket 23-456) to grant rehearing as a result of the circuit split.

Charter Communications' internet subscriber numbers took a hit in Q2 from June's expiration of the affordable connectivity program, the company said Friday. It followed Comcast saying ACP wasn't a big weight yet but is expected to be a notable drag in Q3.

Kentucky Gov. Andy Beshear and North Carolina Gov. Roy Cooper possess the best telecom policy credentials among the main contenders to be the Democrats’ vice presidential nominee, broadband advocates and other policy observers told us. All the contenders hold broadly similar views to Vice President Kamala Harris on broadband and telecom policy matters, but could bring different perspectives to the ticket, experts said in interviews last week.

If courts rule that the U.S. Supreme Court’s SEC v Jarkesy decision means a wide swath of FCC enforcement proceedings require jury trials, the agency may not be able to pursue any enforcement without congressional authority, former FCC Office of General Counsel and Enforcement bureau veterans said Wednesday.

The citizens broadband radio service band has shown that spectrum can be shared without interfering with government users, in particular the naval radars that use the band, Richard Bernhardt, Wireless ISP Association vice president-spectrum and industry, said Thursday. Recent changes approved by the FCC, working with DOD and NTIA (see 2406120027), will make the band much more usable, he said during a WISPA webinar on “CBRS 2.0.” The rule changes take effect Friday.

The Senate voted 86-1 Thursday to advance two kids’ safety bills, with Sen. Rand Paul, R-Ky., casting the lone no vote (see 2407240057).

The FCC approved on a 3-2 party line vote an NPRM seeking comment on requiring disclosures for political ads that use AI-generated content. The proposal, which was approved July 10 on circulation but not released until Thursday, doesn’t specify the timing of an eventual order. Commissioner Brendan Carr and Federal Election Commission Chair Sean Cooksey condemned it as an attempt to interfere with the 2024 election. The FCC declined to comment on the intended timing of a final rule, or the delay in the item’s release.

Nearly $1 billion in Digital Equity Act funding is now available, NTIA announced Wednesday. The agency's notice of funding opportunity kicked off the competitive grant program (see 2403290039). Meanwhile, in a Tuesday letter, numerous state and national broadband industry associations alerted Commerce Secretary Gina Raimondo that low-cost requirements in the broadband equity, access and deployment (BEAD) program could discourage participation in it.

The 5th U.S. Circuit Court of Appeals in a 9-7 decision sided with Consumers' Research following an en banc rehearing of the group's challenge of the FCC's Universal Service Fund contribution methodology. Calling the contribution factor a "misbegotten tax," the court in a Wednesday ruling in docket 22-60008 held that as a "practical matter," the Universal Service Administrative Co. "sets the USF tax" that's "subject only to FCC's rubber stamp" (see 2406180055). In a statement, Chairwoman Jessica Rosenworcel said the agency will "pursue all available avenues for review."

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.