Chief Justice John Roberts said the Telephone Consumer Protection Act is a popular law the Supreme Court doesn’t want to undermine, as it heard argument in a case Wednesday with broad implications for the statute (see 2001130044). Other justices said similar, and experts don't expect the entire regime to be overturned. The court heard the case via teleconference, with justices calling in remotely because of COVID-19. Barr v. American Association of Political Consultants involves an AAPC challenge of a 4th U.S. Circuit Court of Appeals ruling, which declared a 2015 government debt collection exemption unconstitutional and severed the provision from the remainder of the TCPA.
Broadcasters, public safety groups and wireless mic makers raised concerns about proposals to allow TV white spaces (TVWS) devices to operate with higher power in less-congested areas, in comments on an FCC NPRM. Commissioners approved the notice 5-0 in February (see 2002280055). CTA, public interest groups and Microsoft urged the FCC to approve the proposal. Initial comments were due Monday in docket 20-36.
The Senate Intelligence Committee will vote “as soon as possible” to advance the nomination of Rep. John Ratcliffe, R-Texas, to be national intelligence director, Chairman Richard Burr, R-N.C., said during Tuesday’s hearing. Fielding questions from supportive Republicans and skeptical Democrats, Ratcliffe vowed to run an apolitical office free of outside political influence, while highlighting threats from China in the race for 5G.
Wiley’s Joshua Turner said a case argued in the 9th U.S. Circuit Court of Appeals in February on FCC wireless infrastructure orders will be easy for judges to decide in favor of the FCC, in an FCBA discussion Tuesday. Best Best’s Joe Van Eaton, who argued the case on behalf of Portland, Oregon, and other cities, expects the court to reject the FCC’s approach. The FCC declined to send a speaker. Judges heard the case in February (see 2002100054) and Turner represented industry there.
The Disaster Distress Helpline had a big jump in traffic attributed to the COVID-19 pandemic, though other emergency helplines haven't had increases, administrators told us. The pandemic could intensify a push for implementation of 988 as the nationwide three-digit suicide prevention and mental health crisis hotline because of the need for an easy-to-remember accessible service, said Vibrant Emotional Health President Kim Williams. Lawmakers are pushing for Capitol Hill leaders to include the National Suicide Hotline Designation Act (HR-4194/S-2661) in the next COVID-19 stimulus legislative package.
Administrators at historically black colleges and universities asked for a continuing federal funding program to support campus IT infrastructure and students' access to home broadband as COVID-19 uncertainty continues. They spoke Monday during an FCC webinar hosted by Commissioner Geoffrey Starks (see 2004300012). "COVID-19 does not see race, but it has complicated inequities," including in the digital divide, Starks said. "We cannot afford to lose momentum in educating our communities."
At least four Supreme Court justices questioned why Booking.com can’t trademark its domain as companies do with toll-free phone numbers, in oral argument Monday. Four other justices raised concerns about enabling monopoly power by granting such trademarks, which might preclude rivals like ebooking.com from using "booking" in marketing materials.
The FCC appears poised to take on the 4.9 GHz band, following up on a Further NPRM approved on a 5-0 vote in March 2018, industry and FCC officials said in recent interviews. As Chairman Ajit Pai enters what could be the homestretch of his chairmanship, he's expected to wrap up a broad number of items, including on spectrum.
The Association of American Railroads asked for changes to the FCC’s draft 900 MHz order, set for a commissioner vote May 13 (see 2004210055). The American Petroleum Institute also plans to seek changes . Gogo raised interference concerns. The order would reallocate a 6 MHz swath to broadband while keeping 4 MHz for narrowband.
Recent T-Mobile spats with the California Public Utilities Commission might portend litigation over state wireless authority, said law experts in interviews last week. A potential federal case on whether California is preempted under Section 332 of the Communications Act would likely affect other states' roles in big transactions and other issues, they said.