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

ISPs should ensure customers have up-to-date equipment and can receive faster speeds as they upgrade their networks, Ookla Vice President-Government Affairs Bryan Darr said during a Fiber Broadband Association webinar Wednesday. Darr also emphasized the need to invest in the final yards of last-mile infrastructure, noting that it's "going to impact if [a consumer] bought a good level of service" regardless of a provider’s advertised speeds.

Don't expect big changes in the next-generation 911 draft order that's set for a vote during the FCC commissioners' open meeting Thursday, a 10th-floor official tells us. While the order should help facilitate the NG911 transition, a quicker route would come if Congress found the roughly $15 billion that states and localities likely need for deployment, said Jonathan Gilad, National Emergency Number Association (NENA) government affairs director. Minus federal funding, "it will always be a haves and have-nots situation," with some localities and states more financially able than others to afford the transition, he said. The FCC said the order is aimed at accelerating the NG911 rollout (see 2406270068).

An FCC proposed handset unlocking NPRM will likely receive unanimous approval at the commissioners' open meeting Thursday, probably with minimum tweaks, lawyers and others in the proceeding told us. Currently, among the national carriers, only Verizon is subject to broad unlocking requirements, though T-Mobile faces some owing to its Mint Mobile and Ultra Mobile acquisition. The notice proposes all mobile providers unlock a consumer’s handset 60 days after it's activated.

WEST PALM BEACH, Fla. -- State utility commissioners at the NARUC conference grappled Tuesday with the U.S. Supreme Court reversal of the Chevron doctrine. Loper Bright, “though not framed as a federalist decision," has "modest pro-state implications,” Wilkinson Barker’s Daniel Kahn said during a panel of telecom law experts. Earlier, an NTCA official told the NARUC Telecom Committee that his association plans to seek reconsideration of an FCC order on next-generation 911 if commissioners approve it at their Thursday meeting.

FCC commissioners will vote at their Aug. 7 open meeting on an NPRM that delves more deeply into consumer protections against AI-generated robocalls, FCC Chairwoman Jessica Rosenworcel said Tuesday. In addition, commissioners will vote on an emergency alert system code for missing and endangered persons and procedural updates to the robocall database. Commissioners will also vote on an adjudicatory matter from the Media Bureau and an Enforcement Bureau item.

Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., remain opposed to the Kids Online Safety Act, which is preventing Senate Majority Leader Chuck Schumer, D-N.Y., from moving the bill by unanimous consent (see 2406200053).

Satellite operators and broadcasters want the FCC to phase in Space Bureau regulatory fee increases, expand the payor base and maintain COVID-19 pandemic regulatory fee relief measures, according to comments filed by Monday's deadline in docket 12-108. Satellite interests repeatedly warned of fee shock, particularly as the FCC proposes big jumps in fees to cover costs associated with last year’s creation of the bureau (see 2304110002). The agency should “maximize fairness in the payment process” by continuing “the availability of the extraordinary relief measures for financially distressed regulatees,” a joint filing from state broadcast associations said.

A draft order requiring that device-makers and MVPDs make closed-caption display settings easily accessible is expected to receive unanimous approval during FCC commissioners’ open meeting Thursday, agency officials told us. The final item is expected to change language from the draft version, resulting in the rules no longer applying to preinstalled apps. The order is based in part on a consensus proposal from NCTA and several consumer groups representing the deaf and hard of hearing. “We are in a very different place in terms of the consumer industry relationships now than we were decades ago," said Karen Peltz Strauss, a former FCC Consumer Bureau deputy chief who now represents the consumer groups in the proceeding. “There's a lot more communication, a lot more collaboration, coordination. We've seen a real seismic shift in being able to work with industry to get the access we need.”

CTA and other industry groups urged that the FCC look closely at concerns raised in initial comments about rules for implementing multilingual wireless emergency alerts (see 2406140051). Meanwhile, some state attorneys general oppose industry efforts at slowing the move to require multilingual alerts. Replies were posted through Monday in dockets 15-91 and 15-94 in response to a notice from the FCC Public Safety Bureau (see 2405130047). The notice proposed a 30-month deadline for implementing templates in English and 13 other languages, plus American Sign Language.