Duke Energy asked the 4th Circuit U.S. Court of Appeals to review an FCC November order denying its petition for reconsideration on a pole attachment rate dispute with AT&T. Parts of the order "exceed or are inconsistent with the FCC’s jurisdiction and statutory authority" and are "an abuse of discretion," the company said in a petition posted Monday in docket 22-2220 (see 2211170051). It also argued the order violated the Administrative Procedures Act. Duke asked the court to vacate parts of the order "to be designated in the time, form, and manner required by the court." The petition stems from a September 2021 Enforcement Bureau order partly granting AT&T's complaint that it was charged "unjust and unreasonable" pole attachment rates by Duke (see 2109210075). AT&T declined to comment. The FCC didn't comment.
Gabriella Novello
Gabriella Novello, Assistant Editor, is a journalist for Communications Daily covering telecommunications and the Federal Communications Commission. She joined the Warren Communications News staff in 2020, after covering election integrity and the 2020 presidential election at WhoWhatWhy. She received her bachelor's degree in journalism with a minor in health promotion at American University. You can follow Novello on Twitter: @NOVELLOGAB.
The FCC will consider "specific proposals for preventing and eliminating digital discrimination" during the commissioners' Dec. 21 meeting, Chairwoman Jessica Rosenworcel said Tuesday. Commissioners will also consider changes to satellite application processing rules, a proposal on wireless 911 call routing, and a proposal to modify the Telecom Relay Service Fund compensation formula.
Industry officials and broadband experts said the FCC will likely get many challenges to its broadband availability maps and broadband serviceable location fabric (see 2211100072). Most challenges will likely come from providers rather than consumers, we’re told.
Industry and broadband experts welcomed the release Friday of the FCC’s draft broadband availability maps. Many said they plan to participate in the challenge process because NTIA is required by Congress to use the FCC’s maps for its broadband, equity, access and deployment program funding allocations.
Industry and state broadband officials emphasized the need for better data on broadband availability and public-private partnerships as NTIA prepares to administer its broadband, equity, access and deployment program, speaking at USTelecom's broadband investment forum Wednesday. Some raised concerns about regulatory requirements in the BEAD program and ensuring state broadband offices are prepared to administer funding to subgrantees.
The FCC encouraged entities interested in applying for the affordable connectivity program's outreach grants to present "innovative outreach strategies" that can be implemented at the multistate or national level, due to the limited funding available, said Consumer and Governmental Affairs Bureau staff during a webinar Tuesday. Attendees sought guidance on how to navigate the application process and how the bureau will base its funding decisions.
NTIA plans to announce its funding allocations for its $42.45 billion broadband, equity, access and deployment program by June 30, it said Thursday. The FCC also announced it will release a draft of its broadband availability map Nov. 18. Eligible entities will be able to challenge it through Jan. 13.
The FCC's Communications Equity and Diversity Council unanimously adopted its Digital Empowerment and Inclusion (DEI) Working Group's report offering recommendations on digital discrimination, during a virtual meeting Monday. The WG received additional time in July to complete its report after Chairwoman Jessica Rosenworcel expanded the group’s mission (see 2207220073).
Broadband advocates, industry and academics urged policymakers Wednesday to develop standards for measuring broadband beyond speed. Some during the Marconi Society virtual event sought a focus on how local communities implement sustainable broadband programs funded by the Infrastructure Investment and Jobs Act.
Broadband mapping experts raised concerns about the FCC’s methodology and processes for developing its new broadband availability maps. During a Wednesday Broadband Breakfast webinar some questioned how the data will affect how NTIA allocates broadband, equity, access and deployment program funding (see 2209060059).