A Texas appeals court found "reversible error" in a lower court ruling in cities' challenge of the state's small-cells rules (see 2301270028). The trial court ruling siding with the state was reversed in part and the remainder of the ruling was remanded to the trial court. In Justice Edward Smith's opinion Friday in 03-22-00524-CV, he said the state "identifies no case" in which consideration of 10% of fair market value "was deemed adequate," and the cities "identify none in which that amount was held to result in a gratuity."

Kids’ online safety legislation is unlikely to gain House approval during the lame-duck session, House Commerce Committee ranking member Frank Pallone, D-N.J., and key Republicans told us in interviews.

A three-judge panel at the U.S. Court of Appeals for the D.C. Circuit did not appear receptive Monday to a low-power TV broadcaster’s oral argument (docket 24-1004) that Congress didn’t intend to limit the 2023 Low-Power Protection Act’s effects to smaller markets (see 2407050020).

Republican FCC Commissioner Brendan Carr swiftly pointed Sunday night and Monday to enforcing broadcasters’ “public interest obligation” and ending the commission’s “promotion of” diversity, equity and inclusion policies as key parts of his agenda once he becomes chairman Jan. 20. President-elect Donald Trump announced plans Sunday night to make Carr permanent chairman when he takes office (see 2411170001). Some congressional Democrats and public interest groups criticized Carr’s agenda, while many communications policy-focused groups quickly praised the long-expected appointment (see 2407120002).

Commenters disagreed on whether the FCC should require additional disclosures relative to AI calls, in reply comments to an NPRM that commissioners approved 5-0 in August. Consumer and public interest groups urged a smart approach, targeting calls that will most likely confuse consumers. Industry commenters said no new rules are needed now.

CTA is optimistic it can work with the new Trump administration on tech issues, two of the group's top policy officials told us. The outlook on spectrum policy and other issues isn’t completely clear, they added.

The incoming Republican administration and Congress will likely work at rolling back many of the current FCC’s policies through a combination of agency action, court decisions and the Congressional Review Act (CRA), attorneys and analysts told us in interviews. The CRA's threat also will likely limit the current FCC's agenda, they said. “The CRA is kind of looming over anything the FCC wants to try to do before the administration switches over,” said Jeffrey Westling, American Action Forum director-technology and innovation.

The Biden administration is making progress on each of the five bands it's studying as part of the national spectrum strategy (see 2311130048), Shiva Goel, NTIA senior adviser-spectrum policy, said during a Center for Strategic and International Studies webinar late Thursday. Other speakers said the government must make available more high-powered licensed spectrum to ensure the nation doesn’t fall behind China and other competitors.

The federal government should financially support the growth of data centers in the U.S., telecom and tech groups said last week in comments to NTIA. Meanwhile, an Amazon workers' organization urged that NTIA should be aware of data centers' carbon footprint and skeptical about industry’s environmental impact assessments.

Industry groups widely opposed an FCC notice of inquiry seeking comment about the impact of broadband data caps on consumers and potential regulatory steps the agency could take. In comments posted Friday in docket 23-199 (see 2410150069), many warned the proceeding was a step toward rate regulation and potential consumer harm should the FCC limit the use of data caps. Some public interest groups urged the commission to proceed, however.