Gabriella Novello

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."

The FCC should proceed with caution or reconsider entirely a proposal that imposes on the nine largest ISPs specific reporting requirements on their border gateway protocol (BGP) security practices, ISPs and industry groups said in comments posted through Thursday in docket 24-146 (see 2406060028). The Biden administration "supports properly implemented and narrowly constructed" BGP reporting requirements, NTIA said. "The FCC's action should be appropriately tailored to preserve the highly successful multistakeholder model of internet governance."

FCC commissioners adopted a series of items implementing the Martha Wright-Reed Act of 2022 during their open meeting Thursday (see 2407140001). A report and order reduces the permanent per minute rate caps for audio calls and for the first time establishes interim rate caps for video calls for incarcerated people. The law also clarified the FCC’s authority to also set rate caps for intrastate and international calls.

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.

Providers of incarcerated people's communications services criticized a draft FCC order proposing a reduction in the cap on rates providers may charge for audio or video communications. Most urged the commission to reconsider barring providers from recovering safety and security costs incurred for providing IPCS. Advocates welcomed the move and urged that the FCC continue examining other ways to increase access to communications services for incarcerated people. Commissioners will consider the item during their open meeting Thursday (see 2406270068). Comments were posted through Monday.

The Infrastructure Investment and Jobs Act (IIJA) explicitly requires that the FCC "regulate to achieve equal access to broadband" and "authorizes [the] FCC's disparate-impact rules," a consumer advocacy groups said in a joint filing Friday at the 8th U.S. Circuit Appeals Court (see 2401300089). In addition, the groups argued that the major questions doctrine didn't apply in this case.

Community health experts and consumer advocates encouraged increased investment in broadband access and devices that can be used for telehealth during a Broadband Breakfast webinar on Wednesday. In addition, panelists discussed the benefits of community or public investment in broadband as a way of improving health outcomes. They also noted potential steps regulators could consider for protecting patient data.

The FCC proposed extending for an additional six years its freeze on federal-state jurisdictional separations of telecom costs and revenue. The current freeze is set to expire Dec. 31 (see 1812170049). The proposed extension would let the commission continue working with the joint board on jurisdictional separations to "determine next steps" in amending the rules "in light of sweeping technological and regulatory changes since these rules were initially adopted," according to an NPRM Monday. Comments are due 30 days after Federal Register publication, replies 45 days after, in docket 80-286.

The Affordable Broadband Campaign and WTA asked the FCC to reconsider its decision granting ISPs forbearance from Communications Act Section 254(d), which governs USF contributions. The contribution mechanism isn't "stable or equitable" and the declining revenue base is "hindering the ability of the commission to ensure that universal service is properly evolving," the groups said in a petition filed Monday in docket 23-320. The FCC granted ISPs forbearance in its May order restoring its net neutrality framework and reclassification of broadband as a Title II telecom service (see 2404190043).

Federal and industry officials raised concerns about the impact of pole attachments and replacements as states prepare for NTIA's broadband, equity, access and deployment (BEAD) program. In addition, make-ready processes and economic incentives can complicate efforts to expand high-speed internet -- and rules aren’t always enough, a panel of state officials said during a Schools, Health & Libraries Broadband (SHLB) Coalition symposium Thursday.