The FCC’s order on collecting broadcaster workforce diversity data is outside its authority and violates the Constitution, said a reply brief from the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters filed Friday in the 5th U.S. Circuit Court of Appeals (see 2410070023). “The FCC fails to identify any statutory provision or delegated function furthered by the Order,” said the filing. “Noticeably absent is any quote from statutory text. That’s because none exists,” it added. The equal employment opportunity order is “unlawful because the government requires race- and sex-based classifications, and seeks to pressure broadcasters to treat applicants differently based on race and sex,” said the groups.

Congressional Republicans are eyeing potential legislative changes to rein in what they view as NTIA’s flawed implementation of the $42.5 billion broadband equity, access and deployment program if the party wins control of Capitol Hill in the Nov. 5 elections. GOP lawmakers are stopping short of publicly suggesting Congress claw back BEAD funding, but Democrats are raising concerns about that possibility. Policy experts expect it will be difficult for lawmakers to reach a consensus on major BEAD changes during the next Congress given the Hill’s polarized reactions to the program over the past year.

Some candidates for state utility commissions promised to take on broadband and other telecom matters if they win election this year. Eight states will elect utility regulators this year: Alabama, Arizona, Louisiana, Montana, Nebraska, North Dakota, Oklahoma and South Dakota. In addition, a New Mexico ballot question will ask voters to authorize millions of dollars for upgrading public safety communications. Meanwhile, Oregon voters will consider a universal basic income that would require Comcast and other big companies to foot the bill.

The U.S. Supreme Court’s decision to grant certiorari earlier this month in a case from the 9th U.S. Circuit Court of Appeals, McLaughlin Chiropractic Associates v. McKesson, could have implications beyond the FCC’s legal interpretation of the Telephone Consumer Protection Act, legal experts told us. SCOTUS began its current term Oct. 7.

A U.S. District Court judge issued an emergency temporary restraining order Thursday that blocks Florida Surgeon General John Ladapo from acting against local TV stations that run an ad supporting abortion rights. “To keep it simple for the State of Florida: it’s the First Amendment, stupid,” said the order from Mark Walker, chief judge for the North District of Florida. The order said the state's Department of Health may take no further action to “coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties” for running a campaign ad that advocates protecting abortion rights.

Elon Musk has emerged as among the most enthusiastic supporters of former President Donald Trump’s presidential campaign, giving nearly $75 million in three months to his pro-Trump America PAC. Musk has danced at a Trump rally wearing a “dark MAGA” hat and announced Wednesday he would support Trump in a series of appearances throughout Pennsylvania.

Addressing tribal issues is important, but it shouldn’t slow the rollout of the $9 billion 5G Fund that FCC commissioners approved in August, the Competitive Carriers Association said in comments posted Friday in docket 20-32. Commissioner Brendan Carr dissented on the 5G Fund item, which included a Further NPRM on tribal issues (see 2408290022). Tribes and their associations commented on the importance of cooperation with tribal governments (see 2410170045).

The FCC's mapping broadband health in America platform will soon include additional details on telehealth access and maternal health, the Connect2Health Task Force told commissioners during their open meeting Thursday (see 2409250041). While the FCC has adopted rules requiring georouting wireless calls to the 988 Suicide and Crisis Lifeline, it's uncertain whether it will require georouting to other emergency helplines, Chairwoman Jessica Rosenworcel said during a news conference following the meeting. The 5-0 988 georouting approval was expected (see 2410040005). Commissioners also unanimously voted for adoption of an order on hearing aid compatibility requirements (see 2410170030) and tentatively selected applicants for new low-power FM station construction permits.

FCC commissioners on Thursday approved 5-0 a draft hearing-aid compatibility order providing details on how the U.S. will reach 100% compatibility. FCC officials said the order included a few tweaks, accommodating commissioners' concerns and those of CTIA (see 2410090051) and disability advocates (see 2410150024). Commissioners voted at their monthly open meeting (see 2410170026), which was focused on consumer items. It was the last before the Nov. 5 election.

Texas expects to soon get NTIA approval of its initial plan for the broadband equity, access and deployment (BEAD) program, but first it must submit another revision of volume 2, said Texas Broadband Development Office (BDO) Director Greg Conte. NTIA approved plans for Alabama and Florida on Thursday, leaving Texas as the lone state or territory without NTIA approval to access its funding. Administrator Alan Davidson said on a Politico podcast Thursday he’s optimistic NTIA will be able to approve Texas’ plan “in the coming weeks.” He also chalked up Republicans’ recent criticisms of BEAD as a symptom of election-year politics.