Comments are due Aug. 9, replies Sept. 8, on an NPRM on expediting the transition to next-generation 911, said a notice for Monday’s Federal Register. The FCC approved the NPRM 4-0 in June (see 2306080043).

The FTC and Florida attorney general sent $540,000 in checks to 4,600 consumers defrauded by a robocall scammer, Life Management Service of Orange County, the FTC said Thursday. The average check was $117, it said. Life Management used illegal robocalls to sell consumers bogus credit card interest rate reduction services, said the FTC and Florida’s 2016 complaint. In June 2019, the FTC said it partially settled the complaint by permanently barring 17 Life Management defendants from engaging in telemarketing and debt relief services and requiring them to pay for refunds. The U.S. District Court for Middle Florida granted summary judgment to the FTC and Florida against the scheme’s ringleader, Kevin Guice, in December 2018. The 11th U.S. Circuit Court of Appeals affirmed that judgment in March 2022. The FTC noted it was able to send refunds because it reached a settlement before the U.S. Supreme Court ruled in 2021 that the commission lacks authority under Section 13(b) of the FTC Act to seek monetary relief in federal court. “Because of that ruling, the Commission no longer has its strongest tool to return money to consumers, and it will become harder to provide refunds to consumers harmed by deceptive and unfair conduct.”

Consumers' Research petitioned the 5th U.S. Circuit Court of Appeals to review and vacate the FCC's approval of the Q3 2023 USF contribution factor, per a filing Friday in case 23-60359. The group has a pending en banc rehearing of its challenge of the FCC's Q1 2022 contribution factor (see 2306300086).

Comments are due Aug. 4 on requests by stakeholders to NTIA to consider exemptions of certain provisions of the “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)” for application for grants and subgrants under the broadband, equity, access and deployment program. “In this Notice, NTIA seeks public comment on the issues raised by stakeholders and other questions relating to the relationship between the Uniform Guidance and the BEAD Program,” said a notice for Wednesday’s Federal Register.

Verizon advised the FCC to do more outreach to industry before banning more telecom gear components from the U.S. market. Representatives met with staff from the Office of Engineering and Technology, Public Safety Bureau and the Office of General Counsel, said a filing posted Friday in docket 21-232. “Verizon provided perspectives on its experience in securing its supply chain and complying with the evolving government requirements, including the FCC’s Covered List,” the filing said: “Verizon agrees with comments in the record recommending that any future additions to the Covered List be narrowly focused and aimed at addressing clear national security concerns.” Verizon urged the FCC to “review the impact on supply chains before banning particular component parts, including the availability of adequate alternatives that are substantially similar in functionality and cost and the impact to service providers and consumers.”

NTIA awarded nearly $8.4 million in additional tribal broadband connectivity support to 17 tribes, the agency announced Thursday. The new funding will support tribal communities' efforts to "move forward in planning for future high-speed Internet infrastructure projects or promoting Internet use and adoption." A second notice of funding opportunity for additional program funding will be released "in the next few months," NTIA said.

Incompas' Broadland released a "broadband ready city checklist" Thursday that offers best practices for cities preparing to administer NTIA's broadband, equity, access and deployment program. The checklist recommends a focus on "objectively reasonable costs," streamlining the review process for zoning or permitting applications, establishing transparent procedures, encouraging innovation, and "smart street restoration obligations." Preparing for infrastructure projects is "critical" and the checklist is "designed to promote public and private sector partnerships," said Incompas CEO Chip Pickering, who co-chairs Broadland. It "helps ensure that broadband money goes to broadband projects,” said Broadland co-chair Mignon Clyburn, former FCC commissioner.

NTIA released final guidance Wednesday for the broadband, equity, access and deployment program's state challenge process (see 2306260007). States and territories are required to include a challenge process in their initial proposals where other entities can "challenge whether a location or community anchor institution is eligible for BEAD funding," said a news release. The agency sought comment on its proposed guidance template and made some revisions based on feedback from 61 stakeholders. “ACA Connects appreciates NTIA’s diligence in reviewing the many comments and revising the proposed guidance," commented CEO Grant Spellmeyer: "All stakeholders agree that this process is critical to ensure that the limited BEAD funds are targeted to bringing high-performance broadband to locations that are truly unserved and underserved."

Comments are due by July 31, replies by Aug. 14, on an FCC NPRM clarifying consumers' ability to revoke prior express consent for robocalls and robotexts, said a notice for Thursday's Federal Register. Commissioners adopted the item in June (see 2306080043).

A panel of judges on the 11th Circuit U.S. Court of Appeals pressed Consumers' Research Wednesday on its argument that the FCC violated the nondelegation doctrine by approving calculations provided by the Universal Service Administration Co. to determine quarterly USF contribution factors. Judge Charles Wilson during oral argument in case 22-13315 asked about whether any issues with the intelligible principles are articulated in Communications Act Section 254. Consumers’ Research attorney Trent McCotter argued “the FCC itself has stated that they are aspirational only,” to which Wilson noted the U.S. Supreme Court called it a "pretty lenient" standard. The FCC, not USAC, acts ministerially in setting quarterly contribution factors, McCotter said, saying the USF statute “contains no such express limitations or rates or formulas.” Judge Kevin Newsom asked what sort of agency participation should be permissible, noting the leniency of the statute at issue. McCotter cited a dissent from Justice Neil Gorsuch that argued an agency “could undertake a particular fact finding to fill in the gaps” so Congress could direct the FCC to calculate the difference between particular prices. “So that's the best authority that you can cite in support of your position as a dissent?” Newsom asked, noting he wasn't aware of any authority after the 1930s being struck down for violating the nondelegation doctrine. Judge Wilson asked "so that the record does reflect that in the past" whether the FCC rejected or modified USAC calculations. FCC attorney Adam Crews noted several instances of the agency doing so and said the commission is "not often intervening" or changing calculations it receives "because what USAC is doing is so routine."