The citizens broadband radio service band has shown that spectrum can be shared without interfering with government users, in particular the naval radars that use the band, Richard Bernhardt, Wireless ISP Association vice president-spectrum and industry, said Thursday. Recent changes approved by the FCC, working with DOD and NTIA (see 2406120027), will make the band much more usable, he said during a WISPA webinar on “CBRS 2.0.” The rule changes take effect Friday.

If courts rule that the U.S. Supreme Court’s SEC v Jarkesy decision means a wide swath of FCC enforcement proceedings require jury trials, the agency may not be able to pursue any enforcement without congressional authority, former FCC Office of General Counsel and Enforcement bureau veterans said Wednesday.

Telecom companies argued for more flexible speed testing rules in comments Tuesday at the Nebraska Public Service Commission. Some Nebraska requirements are too challenging, and the state should avoid duplicating FCC-mandated tests, they said. Sometimes the "costs of conducting testing exceed the benefits" of it, Nebraska Rural Independent Companies (RIC) said.

The 5th U.S. Circuit Court of Appeals in a 9-7 decision sided with Consumers' Research following an en banc rehearing of the group's challenge of the FCC's Universal Service Fund contribution methodology. Calling the contribution factor a "misbegotten tax," the court in a Wednesday ruling in docket 22-60008 held that as a "practical matter," the Universal Service Administrative Co. "sets the USF tax" that's "subject only to FCC's rubber stamp" (see 2406180055). In a statement, Chairwoman Jessica Rosenworcel said the agency will "pursue all available avenues for review."

The Biden administration appears headed toward a coordination and licensing framework in the lower 37 GHz band, one of five targeted for further study in the administration’s national spectrum strategy (see 2311130048). Analysts told us wireless carriers likely have little interest in seeing the band set aside for licensed use, unlike some other bands the administration is studying, especially lower 3 GHz and 7/8 GHz. The FCC will probably seek comment on 37 GHz in a public notice “on or about” Aug. 6, NTIA said in a recent blog.

AT&T CEO John Stankey on Wednesday criticized the Biden administration’s work on making more spectrum available for wireless carriers. During the carrier's release of Q2 results, Stankey apologized for the February AT&T wireless outage, the topic of an FCC report this week (see 2407220034).

Nearly $1 billion in Digital Equity Act funding is now available, NTIA announced Wednesday. The agency's notice of funding opportunity kicked off the competitive grant program (see 2403290039). Meanwhile, in a Tuesday letter, numerous state and national broadband industry associations alerted Commerce Secretary Gina Raimondo that low-cost requirements in the broadband equity, access and deployment (BEAD) program could discourage participation in it.

The future of telecom regulation is fraught with uncertainty post-Chevron, Mintz lawyers concluded during a webinar Wednesday, focusing primarily on four recent U.S. Supreme Court Cases: Loper Bright (see 2406280043), Ohio v. EPA and SEC v. Jarkesy (see 2407220048) and Corner Post (see 2407010035).

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

The Senate should pass kids’ privacy legislation without amendments, Sen. Richard Blumenthal, D-Conn., told us Wednesday.