Gail Slater, an economic adviser to Sen. JD Vance, R-Ohio, is in consideration to serve as FTC chair if Donald Trump becomes president again, but the two sitting Republican commissioners will likely get first consideration, former FTC and White House officials told us in interviews this week.

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

Although the regulatory status of broadband is “in flux,” the U.S. Supreme Court shouldn’t further delay New York state’s enforcement of a 2021 affordable broadband law, the state’s Attorney General Letitia James (D) said Tuesday. James submitted briefs in case 24-161 opposing ISP groups’ petition for a writ of certiorari and application seeking a stay of the New York Affordable Broadband Act (ABA). “The equities and the public interest weigh heavily in favor of allowing the ABA -- duly enacted consumer-protection legislation that aids the State’s most vulnerable residents -- to take effect without further delay,” wrote James.

Don't expect major changes soon in the cable franchise fees regime, former cable lawyer Burt Cohen said during a Broadband Breakfast webinar Wednesday. During the event, localities lawyer Cheryl Leanza of Best Best argued localities still must maintain public infrastructure while revenue from cable franchise fees dries up and thus need to target broadband service. Conversely, Jenner & Block's Jessica Ring Amunson, who has represented NCTA, said the law is clear that those franchise fees can be levied on cable service only. Cohen, now Connecticut Office of Consumer Counsel broadband policy coordinator, said that while a collaborative understanding of cable local franchise authority regarding fees is needed, "I'm not sure we are there yet."

Verizon and Frontier this week filed an application at the FCC that would transfer control of the domestic and international Section 214 authority held by wholly owned subsidiaries of Frontier to the acquiring company. As part of the filing, the companies provided a public interest statement, a key document as regulators plow through details of the proposed transaction. The deal faces potential investor headwinds.

The FCC in a 3-2 vote adopted a notice of inquiry seeking comment on the impact of data caps on consumers and competition in the broadband marketplace. The NOI "launches a formal proceeding through which the agency can hear from those impacted by data caps," said a news release Tuesday. Comments are due by Nov. 14, replies Dec. 2, in docket 23-199. Commissioners Brendan Carr and Nathan Simington dissented.

Carriers can't rely on technology vendors or other companies to find a path forward on AI, Danielle Rios, acting CEO of software company Totogi, said Tuesday during a TelecomTV forum on the AI-native telco. Vendors themselves are still figuring out AI, Rios said. Other speakers agreed that companies must collaborate to make AI in telecom a success.

Broadcasters, MVPDs and network programmers want the FCC to shelve plans that require disclosures about the use of AI in political ads because they’re unworkably burdensome, exceed agency authority and won’t affect digital platforms, said reply filings in docket 24-211.

Having received FCC approval for 7,500 of its second-generation satellites in 2022 (see 2212010052), SpaceX is now asking the FCC to green-light 22,488 satellites the agency deferred on. Those additional satellites, plus "several small-but-meaningful updates" to the orbital configuration of the already-approved second-gen low earth orbit (LEO) satellites, would "improve space sustainability, better respond to evolving demand, and more efficiently share spectrum with other spectrum users," it told the FCC Space Bureau in an application posted Tuesday.

Maine should harmonize its Chapter 880 pole-attachment rules with recent FCC rules changes, Comcast and Charter Communications commented last week at the Maine Public Utilities Commission. However, the cable companies disagreed with various Maine Connectivity Authority (MCA) recommendations contained in a recent report. Versant Power, an electric utility that owns poles, said Maine needn’t make more regulatory or legislative changes.