The FCC is seeking information from nine other federal agencies about test labs with Chinese government ties as the agency considers a proposed rulemaking barring these labs from the FCC equipment authorization process (see 2405020071). Requests went to the Bureau of Industry Security, the Cybersecurity and Infrastructure Security Agency, DOD, DOJ, the Federal Acquisition Security Council, FBI, Department of Homeland Security, the National Counterintelligence and Security Center and NSA, per a notice in Friday’s Daily Digest. The FCC asked for responses by May 16.

The FCC’s April 24 opposition to Essential Network Technologies and MetComm.Net's petition challenging the authority of the FCC and the Universal Service Administrative Co. to withhold reimbursement of discounts for IT and broadband services that the companies provided to schools confirms that the petition should be granted, the petitioners’ reply said. It was filed Wednesday (docket 24-1027) at the 8th U.S. Circuit Court of Appeals. Discounts on IT and broadband services come under Section 254 of the Communications Act (see 2404250028). The FCC calls the mandamus relief that the petitioners seek to force the reimbursements a drastic remedy that should be invoked only in extraordinary circumstances. In cases such as this, involving claims of unreasonable agency delay, mandamus is warranted only when delays are egregious, the agency said. But under “the first mandamus factor,” for a remedy in this case to be adequate, “it must enable the numerous schools in this case to complete their IT projects before the next school year,” said the petitioners’ reply. If the FCC doesn’t render a decision and provide funding before the summer, “many schools will be unable to move forward with vital IT projects and hundreds of students will be deprived next school year of the IT infrastructure necessary for a modern education,” it said. Compensatory relief after years of litigation, as the FCC suggested, doesn’t provide an adequate remedy that would prevent this harm to the public, “which after next year would become irreversible in the absence of immediate mandamus relief,” it said. The agency contends that in light of evidence showing that the petitioners may have had an improper relationship with the schools they were servicing, USAC investigated that possible misconduct, but expects those probes will be finished by the end of May. But that expectation “provides little solace when USAC lacks any authority to address the legal issues in this case and there is no time limit for an FCC decision,” said the petitioners’ reply. The agency’s opposition doesn’t indicate when the FCC will render a decision or whether the schools will receive funds before next school year, it said. Under the second mandamus factor, there’s a clear and indisputable right under Section 254 to the particular relief sought, it said. The Fifth Amendment also establishes a clear and indisputable right to due process, which required a “timely deprivation hearing” either before or after Essential and MetComm were deprived of their “statutory entitlement to reimbursement,” it said. The FCC has a “clear duty” to report its deprivation decision in writing, it said.

As of the end of Q1 2024, the C-Band Relocation Payment Clearinghouse cumulatively has received 4,405 claims totaling $3.52 billion, with nearly $3.3 billion of that from satellite operators, it said Wednesday in docket 18-122. It said as of Q1's end, it had approved 96% of lump sum claims, and cumulatively approved claims totaling $2.64 billion. A cumulative $2.51 billion in claims were paid.

FCC commissioners will vote at their May 23 open meeting on an NPRM proposing labs from companies on the agency’s “covered list” of unsecure firms be barred from participating in the equipment authorization process. Chairwoman Jessica Rosenworcel and Republican Commissioner Brendan Carr announced the NPRM Wednesday. “This new proceeding would permanently prohibit Huawei and other entities on the FCC’s Covered List from playing any role in the equipment authorization program while also providing the FCC and its national security partners the necessary tools to safeguard this important process,” a news release said. “We must ensure that our equipment authorization program and those entrusted with administering it can rise to the challenge posed by persistent and ever-changing security and supply chain threats,” Rosenworcel said. The NPRM is “another significant step in the FCC’s work to advance the security of America’s communications networks,” Carr said: It proposes “to ensure that the test labs and certification bodies that review electronic devices for compliance with FCC requirements are themselves trustworthy actors that the FCC can rely on.” The NPRM builds on a 2022 order, which bans FCC authorization of gear from companies including Huawei, ZTE, Hytera Communications, Hikvision and Dahua Technology (see 2211230065). Last month, the U.S. Court of Appeals for the D.C. Circuit remanded part of that order to the FCC to further develop the definition of critical infrastructure (see 2404020068). Commissioners will also consider an adjudicatory matter from the Media Bureau, and four items from the Enforcement Bureau as part of the abbreviated agenda, per Rosenworcel's note. She thanked other commissioners for their work on national security issues. “Working together, we have enacted and enforced rules to safeguard our wired and wireless networks from communications equipment that has been determined to pose an unacceptable risk to national security,” she said.

FCC Commissioner Brendan Carr appeared on a News Nation broadcast Tuesday to opine on protests at Columbia University over the conflict in Gaza, according to a Carr X post Wednesday. On the broadcast, Carr said he was in New York for work and “thought it was important to express some appreciation for what the NYPD is doing out here,” and witness the protest. He said the First Amendment protects political speech but not violent conduct. “That includes storming buildings,” he said. “Everyone here has the right to express their viewpoints, however vile,” Carr tweeted.

NTCA takes special interest in the impact of the FCC’s Nov. 20 digital discrimination order on its small-business members, the association’s amicus brief argued in the 8th U.S. Circuit Appeals Court (docket 24-1179) said Monday. The brief supports the 20 industry petitioners that want the order vacated as unlawful (see 2404230032). The “potential adverse effects” of the order implementing Section 60506 of the Infrastructure Investment and Jobs Act “risk particular impact to small businesses that generally lack access to resources and economies of scale that can enable larger businesses to absorb substantial market or regulatory changes,” NTCA’s brief said. But those impacts “are neither envisioned nor authorized by the statute, whose language contemplates a far more limited scope of implementation,” it said. Compliance with certain of the standards presented in the FCC’s order “is effectively impossible since the processes by which those measures can be achieved are wholly inconsistent with the normal and ordinary practices within which NTCA members conduct their business,” it added. The standards contemplate the ability of small private businesses “to have access to the confidential business considerations of other businesses,” it said: “This result, too, is neither contemplated nor accommodated in the statutory language.” The 8th Circuit should hold the order as "unlawful" and set it aside, said NTCA.

A final bipartisan, bicameral bill reauthorizing the FAA includes a provision directing the Government Accountability Office to undertake a study of airspace congestion and DOT's inspector general to audit the FAA's internal processes for communicating civil aviation operators' positions to NTIA when it comes to spectrum reallocation or auctions. The FAA Reauthorization Act, released Monday, says the GAO will examine issues including commercial space launch and reentry activity. The bill directs the DOT IG to "improve internal processes by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance" to ensure civil aviation stakeholders' stances get submitted to NTIA and then the FCC. The IG also must seek ways of improving communication with those aviation stakeholders about proposed spectrum reallocation or auctions that could affect the national airspace system, the bill says. It directs the FAA to conduct R&D in consultation with NTIA and the FCC on "effective and efficient use and management of radio frequency spectrum in the civil aviation domain." The legislation also directs that the FAA, with NTIA and FCC consultation, start an R&D program for development of standards for next-generation radio altimeters.

The FCC's supplemental coverage from space (SCS) licensing framework that commissioners adopted 5-0 in March (see 2403140050) becomes effective May 30, according to a notice for Tuesday's Federal Register. Comments are due May 30 and replies July 1 in a Further NPRM adopted with the order, said a separate notice. The NPRM asks questions about SCS delivery of 911 service and protection of radio astronomy.

A joint proposal from NCTA and several consumer groups representing the hearing impaired “does not solve all technical issues” involved in improving closed caption display settings accessibility, but is enough for the FCC to move forward, NCTA said in reply comments posted Friday in docket 12-108. The Joint Proposal “at least provides a mechanism to deliver device-level caption display settings to applications hosted on the device” and could “provide a path” for eventually tackling “more complex issues.” Responding to CTA concerns about the proposal (see 2404170061), NCTA said that each entity in the video production chain would be responsible for its products and that cable operators will consult with consumers and train customer care and support employees to help subscribers adjust their caption displays. In their own joint reply comments, several consumer groups representing the hearing impaired said FCC action is the only way to get better caption display accessibility. “Market forces have simply failed our constituency – not now, nor ever over the past twenty years” since the FCC adopted rules on digital TV closed captioning display settings “have these settings been readily accessible to television viewers,” said the filing from the National Association of the Deaf, the Hearing Loss Association of America, Communication Service for the Deaf, and TDIforAccess. The groups also called for the FCC to apply similar accessibility requirements to other entities beyond the cable companies covered in the joint proposal and to give any new rules an implementation deadline no longer than two years.

Commissioner Geoffrey Starks said Thursday Nese Guendelsberger, from the Office of International Affairs, will serve as his acting adviser for wireless, space and international issues. She replaces Shiva Goel, now at NTIA (see 2404240059). Guendelsberger “brings deep knowledge of international spectrum issues, which I got to see firsthand on the ground at [the World Radiocommunication Conference] in Dubai,” Starks said: “She is a true public servant, and I am glad to have her counsel.”