The ultimate makeup of the 6th U.S. Circuit Court of Appeals panel that hears the review of the FCC’s net neutrality order may not make much difference, some legal experts told us, in the wake of recent U.S. Supreme Court decisions. They doubted that the panel (docket 24-7000) will delve deeply into case law, instead simply deciding that going forward it's Congress, not the FCC, that must address any case that raises "major questions." Oral argument is scheduled for Oct. 31.

The White House Office of the National Cyber Director released guidance Tuesday, dubbing it a "roadmap," addressing "key vulnerabilities" in border gateway protocol (BGP) security. ONCD urged "every network operator use a risk-based approach to address BGP vulnerabilities" through the adoption of resource public key infrastructure (RPKI), which includes route origin authorization and origination, calling it a "mature, ready-to-implement approach to mitigate BGP’s vulnerabilities."

Maurine and Matthew Molak filed a petition Thursday seeking review of a July FCC order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024), in the 5th U.S. Circuit Court of Appeals. The Molaks previously sought reconsideration of the July order, which three public interest groups and T-Mobile opposed last week (see 2408280029).

After more than a year of meetings, the NAB-led, FCC-involved ATSC 3.0 task force, the Future of TV Initiative, hasn’t reached consensus on controversial topics, we're told. Its members include broadcasters, cable interests, and consumer and public interest groups. Its first meeting was in June 2023, and it was expected to issue a final report in the fall, yet members told us that it's likely merely to reiterate many of the positions stakeholders held going into the effort. It's also unlikely to provide a firm timeline for the sunset of ATSC 1.0. Just before the initiative's launch, ATSC President Madeleine Noland said the goal was for the diverse group to “chart a path forward together,” and NAB told us the goal was to make concrete recommendations to the FCC by June 2024.

State broadband officials and digital equity leaders are optimistic that NTIA will soon announce additional awards in its $1.44 billion state digital equity capacity grant program that the Infrastructure Investment and Jobs Act funds (see 2403290039). During a visit Wednesday to Michigan, which already received its award amount, NTIA Administrator Alan Davidson said the agency is "working with each state on their plans for how they're going to spend that money." He also noted NTIA is accepting applications for its $910 million digital equity competitive grant program.

The FCC’s order on broadcasters' collection of workforce diversity data exceeds the agency’s authority, violates the First and Fifth Amendments, and runs afoul of the U.S. Supreme Court’s recent ruling ending judicial deference to regulatory agencies, said a brief from the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters. The groups filed the brief Wednesday in the 5th U.S. Circuit Court of Appeals. The order’s requirement that broadcasters make their workforce diversity data available online is intended “to pressure broadcasters to engage in race- or sex-based hiring practices,” it said, concluding that the order “is fatally flawed in multiple respects and should be vacated.” The FCC didn’t comment.

FCC Technological Advisory Council member Dale Hatfield raised concerns Thursday about whether the U.S. is on track to deliver reliable 5G networks within a timeframe and at a cost that reflects “the urgency and criticality” the situation. “Put another way,” he asked, what’s the “economic impact” of creating networks that are available 99.999% of the time? Hatfield said he took a deep dive into peer-reviewed and other “trusted literature” seeking answers, but came away empty-handed.

The Rural Wireless Association expressed disappointment after the FCC released an order Thursday launching a multi-round reverse auction that will pay up to $9 billion to bring voice and 5G mobile broadband service to rural areas of the U.S. otherwise unlikely to see 5G deployments (see 2408290022). The Competitive Carriers Association also expressed concerns.

New, AI-driven technologies could offer an alternative to how spectrum sharing is done, experts said Wednesday during an RCR Wireless webinar. Panelists said AI could provide options to the citizens broadband radio service and increase dynamic sharing of government spectrum.

Communications Daily is tracking the lawsuits below involving appeals of FCC actions.