The future of telecom regulation is fraught with uncertainty post-Chevron, Mintz lawyers concluded during a webinar Wednesday, focusing primarily on four recent U.S. Supreme Court Cases: Loper Bright (see 2406280043), Ohio v. EPA and SEC v. Jarkesy (see 2407220048) and Corner Post (see 2407010035).

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."

Communications Daily is tracking the lawsuits below involving appeals of FCC actions.

Telecom companies argued for more flexible speed testing rules in comments Tuesday at the Nebraska Public Service Commission. Some Nebraska requirements are too challenging, and the state should avoid duplicating FCC-mandated tests, they said. Sometimes the "costs of conducting testing exceed the benefits" of it, Nebraska Rural Independent Companies (RIC) said.

AT&T CEO John Stankey on Wednesday criticized the Biden administration’s work on making more spectrum available for wireless carriers. During the carrier's release of Q2 results, Stankey apologized for the February AT&T wireless outage, the topic of an FCC report this week (see 2407220034).

Sen. Elizabeth Warren of Massachusetts and five other Senate Democratic caucus members urged that the FCC and DOJ's Antitrust Division “closely scrutinize” T-Mobile’s proposed acquisition of UScellular’s wireless operations Monday night (see 2405280047). Wireless industry lawyers previously forecast the deal could face a tough road under the Biden administration. Its future could change depending on the outcome of November's presidential election (see 2405300053).

Regulatory action overseas increasingly is chilling competition from U.S. tech firms while hurting American consumers, regulatory and trade policy experts said Tuesday during an American Consumer Institute (ACI) panel discussion focused on EU regulations and tech competition with China. Legislation like the EU's Digital Services Act and AI Act subjects U.S. firms to "aggressive" investigations and allegations of competitive harm, said Tirzah Duren, ACI vice president-policy and research.

Large and small broadcasters, engineers and low-power FM interests disagree about whether the FCC should create a more powerful group of Class A FM station known as A-10, according to comments posted in docket 24-183. Due Monday, the comments responded to a Commander Communications petition (see 2406200052). Many smaller broadcasters support the proposal, but Cumulus and NAB said it could increase interference at other stations. Common Frequency and REC Networks said the proposal must be paired with one allowing increased power for LPFM stations. Multiple commenters, including Commander, said the petition contains technical errors in its calculations of separation distances, but those discrepancies could be adjusted. “Commander believes that the Commission could easily correct these spacing values and that the underlying concept of the FM Class A-10 station would not be affected negatively,” Commander said in a comment filing.

Consumer and public interest advocates opposed a push in the 11th U.S. Circuit Appeals Court by a group representing lead generators and their clients aimed at overturning the FCC’s Dec. 18 robocall and robotext order. The order was approved 4-1, with Commissioner Nathan Simington dissenting. It clamps down on the lead generator (LG) loophole (see 231208004) and will become effective in January unless the court intervenes.

Senate Commerce Committee ranking member Ted Cruz, R-Texas, pressed NPR Tuesday for information about its funding sources amid the House GOP's push to end CPB’s advance funding for FY 2027. Thus far no lawmakers have tried stopping the House from moving forward on the Appropriations Committee-cleared Labor, Health and Human Services, Education and Related Agencies Subcommittee FY 2025 funding bill (HR-9029), which excludes advance money for the broadcasting network. House leaders meanwhile pulled the Appropriations-approved FY 2025 FCC-FTC funding bill (HR-8773) from planned floor consideration Monday, delaying potential floor votes on filed amendments that seek to undo a ban on the FCC implementing an equity action plan and increase the FTC’s annual funding (see 2407100060).