Sixth Circuit Sets Aside 2024 Open Internet Order

On January 2, the U.S. Court of Appeals for the Sixth Circuit released its opinion in the FCC's Safeguarding the Open Internet Order case. The court found in favor of the petitioners and sets aside the FCC's Safeguarding the Open Internet Order on the following grounds:

• Under Loper-Bright and using “the traditional tools of statutory construction,” the Court held that BIAS providers offer only an “information service.”
• The FCC lacks the statutory authority to impose its desired net-neutrality policies through the “telecommunications service” provision of the Communications Act.

The Court also held that the Act does not permit the FCC to classify mobile broadband—a subset of broadband Internet services—as a “commercial mobile service” under Title III of the Act and then similarly impose net-neutrality restrictions on those services.

FCC Announces Agenda for January Open Meeting

The FCC announced the tentative agenda for its January 15 Open Meeting. where senior bureau, office and task force staff will lead a series of presentations:

• Panel One – Presentations on the agency’s work on expanding connectivity and access to modern communications.
• Panel Two – Presentations on the agency’s work on making communications more just for more people in more places.
• Panel Three – Presentations on the agency’s work on national security, public safety, and protecting consumers.
• Panel Four – Presentations on the agency’s work on the future of communications.

FCC Releases Communications Marketplace Report

The FCC released its 2024 communications marketplace report, which evaluates competition to deliver voice, video, audio and data services among providers of telecommunications, mobile service, satellite communications, internet service providers and other providers. The FCC noted data from its Broadband Data Collection were used for the first time in this report.

Regarding the fixed broadband services market, the FCC said as of December 2023

• 66% of households had at least two options for services meeting at least a 100/20 Mbps speed threshold
• 7% of households had at least two options for services meeting at least a 940/500 Mbps speed threshold.

The FCC also noted pricing is a difficult metric to capture, as it varies with product characteristics and can change over time or with bundled offerings. The FCC said the report provides a snapshot of prices for internet-only packages and the data show generally prices increase as broadband speeds increase regardless of the last-mile technology.

FCC Announces More Funding for Secure Networks Program

The Wireline Competition Bureau and Office of Managing Director issued a public notice announcing additional congressional funding for the Secure and Trusted Networks Reimbursement Program. The funding comes from the Spectrum and Secure Technology and Innovation Act of 2024, which was signed into law on December 23, 2024, as part of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025. Under this law, Congress authorized the FCC to borrow up to $3.08 billion from Treasury to fully fund the program.

FCC Submits Reports to Congress on Robocalls/Caller ID and Reimbursement Program

The FCC submitted two reports to Congress in late December:

• The first was on robocalls and the transmission of misleading or inaccurate caller identification information, prepared by the Enforcement Bureau, Consumer and Governmental Affairs Bureau and Wireline Competition Bureau. The report provides information on: complaints the FCC received during the preceding five years (2019-2023); FCC enforcement actions during the preceding calendar year (2023); proposals for reducing unlawful calls; and analysis and recommendations concerning VoIP service providers’ contributions to unlawful calls.
• The second was the fifth report on the Secure and Trusted Communications Networks Reimbursement Program. The report, prepared by the Wireline Competition Bureau, provided information on additional steps the FCC has taken to implement the program since the July 2024 report, and provided an update on recipient progress toward removal, replacement and disposal of covered communications equipment and services in the intervening months.

Consumer Bureau Releases FAQs on One-to-One Consent Rule

The Consumer and Governmental Affairs Bureau released FAQs on the one-to-one consent rule for Telephone Consumer Protection Act prior express written consent. The rule, in the December 2023 report and order, is scheduled to take effect on January 27, 2025, and expressly prohibits lead generators, texters and callers from using a single consumer written consent to inundate consumers with unwanted telemarketing robocalls and robotexts from dozens of sellers when consumers visit comparison shopping websites.

NTIA Final Guidance for BEAD Funding of Alternative Technology

NTIA released guidance clarifying how states and territories can use BEAD broadband funding to deploy technologies like low earth orbit satellite and unlicensed fixed wireless. NTIA said the final alternative broadband technology policy notice provides states and territories with additional guidance on issuing subgrants to these alternative technology providers.

NTIA also said the notice gives states and territories additional flexibility and simplified processes for determining where alternative technologies can be funded, all while ensuring states and territories may select the most robust technology for each BEAD funded location, including those in the most remote and difficult to reach areas.