A new law seeking Chinese divestment of TikTok is unlikely to survive scrutiny if challenged for reasons similar to those that blocked Montana’s ban against the app, free speech experts tell us.
The U.S. Appeals Court for the D.C. Circuit should deny Essential Network Technologies and MetComm.Net's Feb. 14 petition challenging the authority of the FCC and the Universal Service Administrative Co. to withhold reimbursement of discounts for IT and broadband services that the two companies provided to schools under Section 254 of the Communications Act (see 2402200044), said the FCC’s opposition Wednesday (docket 24-1027).
FCC commissioners were met with applause following a 3-2 vote that restored the net neutrality framework and reclassified broadband internet access service (BIAS) as a Communications Act Title II telecom service during the agency's open meeting Thursday (see 2404190038). “Essential services [require] some basic oversight,” Chairwoman Jessica Rosenworcel said. She told reporters following the vote that the rules are "court tested and court approved" because they are "very consistent with" prior rules that were upheld in court: "I'm confident that these rules will also be upheld."
The FCC Wireless and International bureaus approved, subject to conditions, T-Mobile’s proposed acquisition of Mint Mobile (see 2303150032) and other assets from Ka’ena. Mint Mobile is a low-cost prepaid wireless brand. Meanwhile, T-Mobile announced plans Thursday to partner with private equity firm EQT as part of a proposed acquisition of fiber-to-the-home provider Lumos.
Some California lawmakers want to take broadband responsibilities from the California Public Utilities Commission and create a broadband office, similar to many other states. At a webcast hearing Wednesday, the Assembly Communications Committee advanced Democratic Chair Tasha Boerner’s AB-2575, which would establish a department and commission on broadband and digital equity. The committee also cleared bills concerning the 211 helpline, video franchising and shot clocks for utilities to review broadband applications.
Standard General and its founder Soohyung Kim filed a civil complaint Wednesday charging that Allen Media CEO Byron Allen, Dish CEO Charlie Ergen and FCC Chairwoman Jessica Rosenworcel, along with lawmakers, unions and public interest groups, were partners in a conspiracy and race discrimination aimed at sinking Standard's $8.6 billion purchase of Tegna last year (see 2306010077). The filing was made in U.S. District Court for the District of Columbia. “The FCC Chairwoman and her personal staffer blocked the deal at the behest of Mr. Allen, who used business allies and six-figure political donations to destroy Mr. Kim’s chances of acquiring TEGNA,” the complaint said.
The Senate Commerce Committee confirmed Thursday the panel plans to mark up the draft Spectrum and National Security Act and five other tech and telecom-focused bills during a Wednesday executive session, as expected (see 2404240074). The 108-page draft measure from committee Chair Maria Cantwell, D-Wash., would restore the FCC’s spectrum auction authority through Sept. 30, 2029, also as expected (see 2403210063). The proposal also provides a new vehicle for allocating stopgap funding for the commission’s ailing affordable connectivity program amid a delay in advancing a separate House-side bid to force a floor vote on providing that money, lobbyists told us.
Most industry groups opposed the FCC's decision restoring net neutrality rules and reclassifying broadband internet access service (BIAS) as a Communications Act Title II service Thursday. Most disagreed with Chairwoman Jessica Rosenworcel on the order's legal standing, warning it could likely be overturned if a challenge is brought (see 2404250004). The Wireless ISP Association will "carefully review" the order and "determine what legal recourse we should take," Vice President-Policy Louis Peraertz said. Several consumer advocacy groups praised the order.
Industry groups largely questioned the wisdom of using the voluntary cyber mark program for IoT devices, approved in March, to further clamp down on international security threats. But the proposals also received some support from the Internet Protocol Video Market (IPVM) and Whirlpool. FCC commissioners approved 5-0 a Further NPRM, along with the implementing order, asking about software and hardware from countries of national security concern and whether data from U.S. citizens will be stored abroad (see 2403140034). Comments were posted Thursday in docket 23-239.
The anticipated end of the Affordable Connectivity Program will bring big competition among broadband internet access service providers for low-income subscribers, according to telecommunications and wireless industry analysts. Multiple BIAS providers are already rolling out new low-cost offerings or pledging to temporarily subsidize ACP subscribers as they seek to capture or keep them. More providers will follow suit, we're told. With the last of its funding, ACP will provide a $14 reimbursement in May rather than the usual $30 (see 2404100082).