The ultimate makeup of the 6th U.S. Circuit Court of Appeals panel that hears the review of the FCC’s net neutrality order may not make much difference, some legal experts told us, in the wake of recent U.S. Supreme Court decisions. They doubted that the panel (docket 24-7000) will delve deeply into case law, instead simply deciding that going forward it's Congress, not the FCC, that must address any case that raises "major questions." Oral argument is scheduled for Oct. 31.
Global Digital Inclusion Partnership launches fellowship program, with Robert Pepper, ex-FCC and Facebook, and Phumzile Mlambo-Ngcuka of South Africa as inaugural senior fellows ... Jason Kim, ex-Millennium Space Systems, named CEO of Firefly Aerospace.
SpaceX continues lobbying the FCC's 10th floor about how to assess short-term interference among non-geostationary orbit satellite systems. In a docket 21-456 filing Friday, it recapped a meeting with the office of Chairwoman Jessica Rosenworcel where it argued its technical study of spectrum sharing among NGSO systems justified using an absolute change in link availability as the interference metric. The meeting covered much of the same ground as sessions the company has had with multiple regular commissioners (see 2408150034).
The FCC won’t require broadcasters to submit workforce diversity data on Sept. 30, a public notice said Friday. Workforce data submission is a new requirement that stems from the FCC's February equal employment opportunity order, which is being challenged in the courts and at the FCC (see 2408290045). Broadcast attorneys had expected the submission to be due at the end of September. The Media Bureau has said it would issue a public notice ahead of the due date for the new Form 395-B with details of the filing process. “Because the Bureau has not yet released that Public Notice, the data collection will not be due on September 30th this year,” the PN said. “The Bureau will provide broadcasters ample time to put into place whatever data collection processes they require prior to the first filing deadline.”
The telecom industry heads into fall with numerous tailwinds, from the first states starting their broadband equity, access and deployment (BEAD) program application processes to expected interest rate cuts, consultant Terry Chevalier blogged Thursday on LinkedIn. But industry activity could face election-related headwinds, he said. For example, he doesn't expect much progress in crafting next fiscal year's budget in the coming months due to this fiscal year ending with a lame-duck presidency and Congress. Similarly, he anticipates a slowdown in new executive branch agency activities and initiatives until the next administration is in place. However, he said the latest round of Agriculture's ReConnect awards is still likely to be announced by year's end, as well as NTIA's second-round Innovation Award funds. But don't expect activity on the Affordable Connectivity Program or FCC spectrum auction authority in the near future, he said.
The FCC Wireline Bureau dismissed on procedural grounds and rejected Starlink's waiver request regarding its Rural Digital Opportunity Fund application in an order Friday in docket 19-126 (see 2402270083). The bureau said Starlink "did not demonstrate that it was eligible to receive RDOF support" and its petition "does not provide any new information or evidence of changed circumstances that rebut our previous determinations." The bureau also said the petition was "untimely" because requests for reconsideration must be filed within 30 days of a rule being published in the Federal Register. The bureau noted Starlink's petition was filed four years after the final RDOF rules were published.
Wireless interests continue to urge that the FCC deny SpaceX's requested waiver of power flux density limits for its supplemental coverage from space (SCS) service. AT&T and the Rural Wireless Association, in docket 23-135 filings posted Friday, argued allowing SpaceX's higher-power output would result in harmful interference to adjacent-band terrestrial mobile services. AT&T said claims the SpaceX SCS offering will only be in areas where terrestrial networks aren't available is contrary to SpaceX's claims that its proposed service will provide mobile connectivity "everywhere." RWA said that while it backs expanded coverage in unserved and underserved areas, SpaceX hasn't shown evidence it can provide interference protections to adjacent-band services. AT&T has petitioned to deny SpaceX's waiver (see 2408130008).
The FCC Wireline Bureau extended deadlines for additional carriers to remove, replace and dispose of Huawei and ZTE equipment from their networks. In an order posted in Friday’s Daily Digest, the bureau said extensions went to Advantage Cellular Systems, extended to March 10, AST Telecom (April 18), Country Wireless (Feb. 23) and Inland Cellular (Sept. 30). NE Colorado Cellular received an extension to March 9 for part of its system, and April 6 for other parts. Competitive Carriers Association President Tim Donovan told us Friday he remains hopeful Congress will find a spending vehicle this year to fully fund the Secure and Trusted Communications Networks Reimbursement Program to pay for carriers to rip and replace the Chinese gear (see 2408230039). The program faces a $3.08 billion funding gap (see 2404100067).
The Edison Electric Institute urged the FCC to maintain its rules on contractor qualifications for electric utility pole work and large pole orders (see 2408190053). EEI said in a meeting with Wireline Bureau staff that the record "demonstrates the need for a flexible approach to timelines" for larger pole orders, per an ex parte filing Friday in docket 17-84. A "one-size-fits-all timeline would be impractical," EEI said. Utilities also "have a legitimate interest in ensuring that contractors who work on their poles meet certain safety and reliability standards," the group said: "Allowing contractors to unilaterally select their own contractors to work above the communications space bypassing utility vetting and training through a utility’s onboarding process could compromise these standards."
The FCC Wireless Bureau on Friday agreed to delay by three weeks the comment deadlines on a Further NPRM on the broadband data collection process as sought by CTIA, USTelecom and the Competitive Carriers Association (see 2408260010). With the delay, comments are now due Oct. 7, replies Nov. 5 in docket 19-195. “Given the importance of receiving both timely and accurate BDC data submissions as well as robust input on the questions raised in the Fourth Further Notice, we find there is good cause to grant Joint Petitioners’ request,” the bureau said.