Gabriella Novello

It's "astonishing that the FCC is once again seeking to impose heavy-handed regulation on internet access," TechFreedom and the Washington Legal Foundation told the 6th U.S. Circuit Court of Appeals Wednesday. The groups urged the court in an amicus brief Wednesday that it should reverse the commission's order restoring Title II classification of broadband (see 2408130001). Their brief said the "only question for this court" is whether the FCC has the statutory authority to act (docket 24-7000), arguing the order is a violation of the major questions doctrine.

The FCC "must point to clear congressional authorization" before claiming it can reclassify broadband as a Title II telecom service under the Communications Act, a coalition of industry groups told the 6th U.S. Circuit Court of Appeals in its challenge of the commission's net neutrality rules. The court granted a temporary stay of the rules earlier this month (see 2408010066). The petitioners -- ACA Connects, CTIA, NCTA, USTelecom, the Wireless ISP Association and several state telecom associations -- said in their opening brief filed late Monday (docket 24-7000) that the "best reading of the federal communications laws forecloses the commission’s reclassification."

Telecom and banking groups urged that the FCC adopt proposed modifications to its letter of credit (LOC) rules for Universal Service Fund support recipients. Comments were posted Tuesday in docket 10-90 (see 2407030062). The commission proposed modifying LOC rules for its high-cost programs and Connect America Fund (CAF) Phase II and Rural Digital Opportunity Fund (RDOF) support recipients.

The FCC defended the Wireline Bureau's decision denying LTD Broadband's long-form application for the Rural Digital Opportunity Fund. LTD, which was the largest winning bidder, sought a reversal of the decision, claiming the FCC improperly denied its entire application. In a Monday reply brief to the U.S. Court of Appeals for the D.C. Circuit (docket 24-1017), the commission said it "repeatedly stated that the bureau would perform an in-depth review of long-form applications" to consider the technical and financial information of winning bidders (see 2405090056).

FCC Chairwoman Jessica Rosenworcel vowed she will continue fighting for the commission's net neutrality order following the 6th U.S. Circuit Court of Appeals' decision that stayed the rules Thursday (see 2408010065). "The American public wants an internet that is fast, open and fair," and Thursday's decision "is a setback, but we will not give up the fight for net neutrality," Rosenworcel said.

A coalition of 31 consumer and public interest advocacy groups urged the FCC to move forward with its NPRM under circulation regarding bulk broadband billing in multi-tenant environments. The groups, which included Public Knowledge, Consumer Reports, Consumer Action, National Consumer Law Center and New America's Open Technology Institute, told the FCC in a letter that bulk billing arrangements "sacrifice consumer choice to preserve in-building monopolies at the expense of tenants." The letter was posted Thursday in docket 17-142.

Consumer advocates and industry officials disagreed Wednesday about the need for addressing junk fees in the broadband and communications marketplace. After noting that increased competition results in consumers getting faster speeds and better service, ACA Connects Chief Regulatory Counsel Brian Hurley said, "In this competitive marketplace, our members and providers have every incentive to avoid bill shock and other negative experiences that could compel their customers to take their business elsewhere." Addressing a Broadband Breakfast webinar, Hurley added there's "no finding that junk fees are prevalent" in the marketplace.

NTIA released the first of six data dashboard tools Monday that will help publicly "monitor the progress of construction and implementation related to projects" the agency's broadband programs fund. The just-released tool will provide "increased transparency" of reporting requirements. The agency also released additional guidance about compliance with its build America, buy America waiver.

The 5th U.S. Circuit Court of Appeals' ruling Wednesday against the FCC's Universal Service Fund contribution factor for the first quarter of 2022 will likely have little to no immediate impact on the commission's USF-funded programs and providers contributing to the fund, trade groups and legal experts told us (see 2407240043). It's uncertain how the U.S. Supreme Court would interpret conflicting rulings of the 5th, 6th and 11th circuits. Consumers' Research asked SCOTUS in a supplemental brief filed Thursday (docket 23-456) to grant rehearing as a result of the circuit split.

The 5th U.S. Circuit Court of Appeals in a 9-7 decision sided with Consumers' Research following an en banc rehearing of the group's challenge of the FCC's Universal Service Fund contribution methodology. Calling the contribution factor a "misbegotten tax," the court in a Wednesday ruling in docket 22-60008 held that as a "practical matter," the Universal Service Administrative Co. "sets the USF tax" that's "subject only to FCC's rubber stamp" (see 2406180055). In a statement, Chairwoman Jessica Rosenworcel said the agency will "pursue all available avenues for review."