The U.S. Supreme Court on Monday issued another decision concerning regulatory law, Corner Post v. Board of Governors, which is expected to also add to the number of challenges against regulatory agencies filed in court. But the effect for the FCC is expected to be zero, unlike last week’s decision in cases challenging the Chevron doctrine (see 2406280043), because the Communications Act, not the six-year statute of limitations in the Administrative Procedure Act, governs appeals of FCC decisions. In Corner Post, SCOTUS, in a 6-3 decision along ideological lines, revived a North Dakota convenience store's challenge of a Federal Reserve regulation covering debit card "swipe fees." Businesses pay banks these fees when customers use debit cards to make purchases. Corner Post argued that it shouldn’t be bound by the six-year statute of limitations to challenge a 2011 regulation because it opened for business in 2018. SCOTUS held that an APA claim doesn’t accrue for purposes of the six-year statute of limitations “until the plaintiff is injured by final agency action.” The administration, representing the Federal Reserve Board of Governors, had argued that adopting Corner Post's legal position "would substantially expand the class of potential challengers" to government regulations and "increase the burdens on agencies and courts." Industry lawyers noted that under Section 402(a) of the Communications Act, petitions for review of FCC orders, except those involving licenses, must be filed within 60 days. The deadline for appealing license decisions in Section 402(b) is 30 days. The APA deadline has never applied, lawyers said.

FCC Chairwoman Jessica Rosenworcel circulated a draft order that would require emergency alert system and wireless emergency alert participants to create and implement cybersecurity plans and broadcasters and cable companies to notify the FCC of EAS equipment defects within 24 hours of discovery. The draft rules would also require that EAS participants have contingency plans for delivering alerts. The order stems from an October 2022 NPRM on cybersecurity proposals for WEA and EAS, which drew industry criticisms that new cybersecurity rules would be overly burdensome and duplicative (see 2310300057). The draft order is “informed by stakeholder input” and “would reduce risks to communications networks, in keeping with a whole-of-government effort to establish cybersecurity requirements to support national security and public safety,” a release said. The item follows a recent trend at the agency of circulating controversial items without attaching them to open meeting agendas, thus keeping the draft version from being publicly released (see 2404010062).

The FCC’s rechartered Communications Security, Reliability and Interoperability Council on Friday held the first meeting of its cycle at FCC headquarters. The meeting was organizational and offered little substance. CSRIC will focus on AI and 6G with three working groups (see 2406100047). And it will consider “how can we harness AI for good … while also preventing and mitigating harms associated with the use of AI,” Public Safety Bureau Chief Debra Jordan said. Another focus is next-generation 911, Jordan said. “In the future, consumers will have an increasingly wide range of wireless devices that can transmit 911 calls over a variety of networks -- you will examine how to best ensure people can call for help across these expanding platforms and options and in the next-generation 911 environment,” she said. Moreover, CSRIC will develop a plan “for more secure and reliable 6G networks and services that minimize risks,” she said. It feels like 5G is just getting started, “but we want to be forward-looking,” Jordan added. Sanford Williams, an aide to FCC Chairwoman Jessica Rosenworcel, said, AI “has swiftly transitioned from a futuristic concept to an integral part of our daily lives, from voice assistance … to advanced machine learning algorithms predicting consumer behavior.” Williams added, “AI is literally everywhere.” He played for CSRIC members the deepfake President Joe Biden political robocall that was featured during the FCC’s Consumer Advisory Committee Wednesday (see 2406260041). Williams noted that Biden’s executive order on AI (see 2310300056) delegated several tasks to the FCC, including examining the potential for AI “to improve spectrum management, increase the efficiency of non-Federal spectrum usage and expand opportunities for the sharing of non-Federal spectrum.” The order instructed the FCC to consider use of AI for improving network security, resiliency, and interoperability through next-generation technologies including self-healing networks, 6G, and open radio access networks, Williams said. FCC staff need help from industry experts in all CSRIC's areas of study, he said. In brief remarks, Rosenworcel thanked members for agreeing to serve on CSRIC. "It will be hard to surpass the last CSRIC’s work on 5G network security and mitigating the vulnerabilities of software in cloud services, but I think you’re up to the challenge,” Rosenworcel said. CSRIC co-Chair Billy Bob Brown from the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency said the world has never faced greater cyber risks. “I believe we face the greatest challenge of our generation -- an existential challenge -- but I also have hope.” CSRIC is expected to next meet Sept. 27.

ISP groups will voluntarily dismiss their lawsuit against Vermont’s net neutrality law, a Friday notice at the U.S. District Court of Vermont said. The groups are ACA Connects, CTIA, NCTA, USTelecom and the New England Cable & Telecommunications Association (case 2:18-cv-00167-CR). Vermont’s law seemed in good shape following significant, late-April decisions by the FCC and the 2nd U.S. Circuit Court of Appeals (see 2405030057).

The 6th U.S. Circuit Appeals Court Friday rejected an FCC motion to move the net neutrality appeal to the D.C. Circuit (see 2406240027). “When considering a motion to transfer a multi-circuit petition, we give considerable weight to our selection in the lottery,” the court said in docket 24-7000. “That lottery system would not mean much if a party disappointed by the luck of the draw could transfer the case to its preferred forum.” The case doesn’t present any of the “unusual circumstances requiring transfer,” the order said. Eleven petitions for review were filed in seven circuits, the court said. “All but one of the petitioners oppose transfer,” it said: “The D.C. Circuit has some familiarity with the legal classification of broadband through its consideration of prior FCC orders. But the FCC’s vacillating positions on the proper classification of broadband demonstrate that the prior orders do not represent the staggered implementation of a single undertaking.”

The 2026 ITU World Telecommunication/ICT Policy Forum (WTPF) will have a sizable agenda and likely serve as an important precursor to the ITU's 2026 Plenipotentiary Conference (PP-26), held later that year, Access Partnership blogged Friday. The WTPF agenda includes space connectivity and telecommunications/information and communications technology resilience, it said. WTPF opinions could portend potential compromises on contentious issues at PP-26, it said.

The FCC Public Safety Bureau said in a report Thursday the Oct. 4 test of wireless emergency alerts and the broadcast emergency alert system appeared to be mostly a success, though there’s room for improvement. The report called for further FCC action addressing some of the problems uncovered. At the time of the tests, a Federal Emergency Management Agency official described (see 2310040071) them as “extremely successful." Based on survey data shared with the commission, “most respondents reported successful receipt of the WEA test message,” the report said: “The test also highlighted areas where WEA delivery can be improved, such as ensuring more consistent delivery and resolving issues concerning alert message audio tone and vibration cadence.” Meanwhile, “the large majority” of EAS participants “reported successful receipt and retransmission of the nationwide test” and “demonstrated that the national EAS distribution architecture is largely effective as designed.” The bureau found signs of progress compared with a similar test two years earlier. The message was received by 96.6% of EAS participants, compared with 89.3% in 2021, and the overall retransmission success rate was 93.6%, compared to 87.1%. The improvement is likely due to initiation of the 2023 test alert using common alerting protocol, “which introduced additional resiliency that was not available during the over-the-air-only 2021 nationwide test,” the bureau said. One negative was that more test participants reported equipment configuration issues and equipment failures than in 2021, the report said: “At the time of the test, approximately 23% of EAS equipment units, representing over 4,500 EAS Participants, were either using outdated software or were using equipment that no longer supported regular software updates.” Fully up-to-date gear had the highest receipt and retransmission rates. The Northern Mariana Islands, with a 20% retransmission success, and Guam, at 33.3%, had the worst success rates in the U.S. The bureau urged the FCC to consider rules “to improve the operational readiness of EAS Participants and Participating [wireless carriers], as well as ensure that EAS Participants are installing software updates in a timely manner and have plans for replacing equipment that is no longer supported by the manufacturer.” The bureau called on Congress to require all wireless carriers to support WEA and said industry can also take steps to make alerting more effective.

Internet service providers' hidden fees have frustrated 41% of Americans, according to a survey by internet and tech reviews site Reviews.org. It said 19% don't know how much they pay for internet, 45% are unaware of what speed plan they have, 47.3% never switched providers, and 40.1% never shopped around for the best speeds. Reviews.org said it surveyed 1,000 Americans in April.

Amateur radio operators were the most prolific commenters to an FCC Public Safety Bureau request for comment on the effects of the May 7-11 geomagnetic storm. Responses were due Monday in docket 24-161 (see 2405240046). Amateurs submitted most of the 17 comments. “Developing an ability to better predict storms such as the … 2024 geomagnetic storm is essential to prevent serious disruptions to our nation’s communications services as well as to the electric grids that power them,” the American Radio Relay League said. The storm “affected amateur radio communications as expected, with radio black outs between many areas of the world and signals with substantially reduced strength between other areas of the world, depending upon frequency and time,” ARRL said. NOAA said the storm touched some of its systems. “With the growing interdependence on spectrum across critical infrastructure systems, there is increased potential vulnerability to space weather,” NOAA said. The agency said “several specific examples can be seen of systems operating erratically due to the geomagnetic storms,” including farm equipment running in circles “due to loss of navigational signals.” SpaceX satellites “measured two-to-three times more drag than normal in orbits at 300 km and as much as five times more drag in orbits at 550 km,” it said. SpaceX was “fortunately able to maintain service throughout the May solar storm,” and on the day the storm peaked, “the average Starlink user saw less than one minute of disruption.” Iridium’s second-generation constellation “experienced an instantaneous, but short lived, increase in the atmospheric drag up to 10 times greater than normal” during the storm, the company reported. Iridium said it continuously monitors its system and was able to address the storm's issues: “The monitoring for this storm was not new, although more engineers were required to be engaged because each of the six planes in the constellation has a different angle from the sun, and experienced different impacts from the storm.”

Communications outages from wildfires in New Mexico’s Lincoln and Otero counties have declined, a disaster information reporting system update Monday said. Just seven of the area’s 113 cellsites were reported down, as compared with 22 on Friday. Cable and wireline customers have had their service restored with aerial cables and generators, the report said. Two TV stations and two radio stations remain off the air, it added.