The objective of Consumers' Research was getting a case about the Universal Service Fund contribution methodology before the U.S. Supreme Court. That case resulted in the 5th U.S. Circuit Court of Appeals' recent 9-7 en banc decision that found the contribution factor is a "misbegotten tax," legal experts said during a Schools, Health & Libraries Broadband Coalition webinar Wednesday. The 5th Circuit remanded the contribution factor for Q1 2022 to the FCC for further work.

It's "astonishing that the FCC is once again seeking to impose heavy-handed regulation on internet access," TechFreedom and the Washington Legal Foundation told the 6th U.S. Circuit Court of Appeals Wednesday. The groups urged the court in an amicus brief Wednesday that it should reverse the commission's order restoring Title II classification of broadband (see 2408130001). Their brief said the "only question for this court" is whether the FCC has the statutory authority to act (docket 24-7000), arguing the order is a violation of the major questions doctrine.

Seeking to invalidate New York’s Affordable Broadband Act, ISP groups asked that the U.S. Supreme Court review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the state law. However, SCOTUS should wait until lower courts finish reviewing the FCC’s net neutrality order, CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association said in a petition for a writ of certiorari Monday.

SpaceX is facing opposition from wireless and satellite entities over its requested waiver that would allow relaxed out-of-band power flux density limits for the company's proposed supplemental coverage from space service, according to docket 23-135 filings Tuesday. In its June waiver request, SpaceX said its proposed PFD limits would protect adjacent band networks from interference while avoiding too-restrictive limits. Separately, Omnispace petitioned the FCC, urging denial of SpaceX's pending request to add the 340-360 kilometer altitude shells as a deployment option for its SCS service (see 2406210006).

The FCC "must point to clear congressional authorization" before claiming it can reclassify broadband as a Title II telecom service under the Communications Act, a coalition of industry groups told the 6th U.S. Circuit Court of Appeals in its challenge of the commission's net neutrality rules. The court granted a temporary stay of the rules earlier this month (see 2408010066). The petitioners -- ACA Connects, CTIA, NCTA, USTelecom, the Wireless ISP Association and several state telecom associations -- said in their opening brief filed late Monday (docket 24-7000) that the "best reading of the federal communications laws forecloses the commission’s reclassification."

Republican presidential candidate Donald Trump touted his accomplishments in deregulating business sectors during his interview Monday night with X CEO Elon Musk on that platform. In addition, Trump praised Musk’s approach to free speech and AI.

Opponents of giving the FirstNet Authority effective control of the 4.9 GHz band, as promoted by AT&T and the Public Safety Spectrum Alliance (PSSA), have been at the FCC repeatedly in recent weeks, driven in part by rumors that Chairwoman Jessica Rosenworcel may support that plan. But industry officials say how the FCC will come down remains uncertain. With Commissioner Anna Gomez expected to recuse herself, because of work before she joined the commission, Rosenworcel will likely need support from at least one Republican commissioner.

T-Mobile condemned a plan allowing people without social security numbers to seek low-income telephone support in California. In comments this week, T-Mobile subsidiary Assurance Wireless said the California Public Utilities Commission’s July 22 proposed decision "poses a serious threat to the integrity and the functionality of” California LifeLine. Consumer advocates applauded the plan that requires providers to accept applications from those without SSNs, though they raised major privacy concerns with a proposal to use LexisNexis’ TrueID authentication software for identity verification. The CPUC may vote Aug. 22 on the proposal in docket R.20-02-008 (see 2407230040).

The FCC’s Communications, Equity and Diversity Council may lobby for affordable connectivity program funding, according to comments at Tuesday’s CEDC meeting, the second under a new charter that lasts until 2025. The CEDC has 10 months to prepare recommendations for the FCC on implementing digital discrimination rules and getting the most for underserved communities out of federal broadband infrastructure funding, Chair Heather Gate said. “We must make recommendations to the FCC directly, but we should not be afraid to make recommendations that the FCC can communicate with other agencies,” Gate said. “We may also ask the FCC to communicate our recommendations with the White House or Congress."

Amateur radio operators are already making their opposition known to a proposal from NextNav that the FCC reconfigure the 902-928 MHz band “to enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). Comments are due Sept. 5, replies Sept. 20, on a public notice from the FCC, but amateurs have begun filing comments (docket 24-240), posting nearly 60 just in the past few days.