Howard Buskirk

CTIA and other commenters urged the FCC to proceed slowly when finalizing rules for a program that would allow schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services. Reply comments were due Monday in docket 21-31 on a Further NPRM, which was approved as part of the hot spot item in July (see 2407180024). Commissioners Brendan Carr and Nathan Simington dissented. “Wireless providers are significant contributors to the universal service fund, and CTIA strongly supports the efficient and effective use of all universal service support, including E-Rate funding,” CTIA said. “Stakeholders will be better able to comment on the controls in the program once they have gained experience with them” and “program requirements should not impose burdens that outweigh the program’s benefits, as that could deter participation,” the group said. The Schools, Health & Libraries Broadband Coalition said the FCC shouldn’t set "overly burdensome administrative requirements or punitive solutions that diminish a school or library’s flexibility to structure its lending practices.” Don’t mandate defined hot spot lending periods, SHLB advised: “Schools and libraries should be able to style their lending practices to better meet users’ educational endeavors.” SHLB also opposed “a data use threshold higher than zero to consider a line ‘used.'” Such thresholds would introduce “assumptions about acceptable and unacceptable broadband use that ignore variables in connectivity needs,” the group said. The North American Catholic Educational Programming Foundation and Mobile Beacon jointly called on the FCC to refrain from imposing new rules at this moment. “Adding burdensome new requirements, in the absence of any compelling need, will unnecessarily burden schools, libraries, and other program participants, and make it harder for students to connect,” they said: “The Commission should increase, not restrict, applicant flexibility.” The American Library Association earlier said final rules would be premature (see 2410040033).

A panel of the 5th U.S. Circuit Appeals Court on Monday gave little indication how it would rule as its three judges heard arguments on overturning the agency's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040). Maurine and Matthew Molak of Texas brought the case, arguing that the ruling went beyond the commission’s authority to act under the Communications Act.

Industry groups repeated in reply comments their earlier arguments that addressing tribal issues shouldn’t slow the awarding of funds through the $9 billion 5G Fund that FCC commissioners approved in August (see 2410180036). Replies were posted on Monday in docket 20-32. Commissioner Brendan Carr dissented on the 5G Fund item, which included a Further NPRM on tribal issues (see 2408290022). Tribes and their associations have stressed the importance of collaboration with tribal governments (see 2410170045). The record shows “that any 5G Fund Tribal consent requirements need to account for the time and uncertainties involved in obtaining Tribal consent,” CTIA said. The commission “should also consider whether Tribal entities’ consent may be presumed after a certain period of good-faith efforts by the 5G Fund applicant,” the group said: “In no event, … should a winning bidder be placed in default or otherwise subject to penalties if the winning bidder demonstrates good-faith efforts to obtain consent in accordance with the rules.” The Rural Wireless Association said the rules should mirror the tribal land bidding credit framework used in other FCC programs. “Obtaining Tribal consent during the long-form application process can be unduly burdensome,” RWA said: “It is also unnecessary for the Tribal consent to be obtained prior to the filing of the long-form application as such consent can still be obtained and provided to the FCC before funding is received."

U.S. Supreme Court justices Monday appeared divided on telecom industry arguments that reimbursement requests submitted to the Universal Service Administrative Co.-administered E-rate program can’t be considered “claims” under the False Claims Act (FCA). Justices peppered lawyers for both sides with questions during oral argument as they heard Wisconsin Bell v. U.S., a case from the 7th U.S. Circuit Appeals Court (see 2410070047).

The FCC’s Disability Advisory Committee met for the last time Friday under its current charter, approving reports from its three working groups (WGs), none of which was immediately available. The next DAC is slated for December, FCC officials said. A report from the WG on Best Practices for Quality Telecom Relay Service for Individuals with Multiple Disabilities emphasized that “functional equivalence does not mean the same thing to two people,” said co-Chair Cristina Duarte, InnoCaption director-regulatory affairs. “It is highly unique and what one person needs for accessibility in telecommunications is not necessarily what another person needs.” The report underlined the importance of offering flexible features, which can work with other app-based solutions. It also noted the need for education and outreach about services that are available and the importance of security, Duarte added. Another report, from the WG on the Use of AI to Caption Live Video Programming, examines the state of automatic speech recognition (ASR) and potential use of evolving technologies, said co-Chair Shadi Abou-Zahra, Amazon principal accessibility standards and policy manager. It considers cloud-based and on-premises ASR, examining “the pros and cons” of ASR based on the principles of accuracy, synchronicity, program completeness and placement, he added. A third report reviews online gaming accessibility for people who are blind or have low vision. FCC Chairwoman Jessica Rosenworcel told the DAC an order that commissioners approved Thursday mandating 100% hearing-aid compatibility for phones sold in the U.S. (see 2410170030) is “a big deal” and “historic.” The HAC order “means that in the not too distant future hearing aid users will be able to consider any handset model for purchase rather than just a limited number of phones.” Rosenworcel noted she has backed the mandate for nearly 10 years. Change takes longer than the two-year term of any DAC, she said: It requires "a special level of patience and special kind of perseverance.” Technological innovation, said FCC Commissioner Anna Gomez, potentially can “close the digital divide ... implement creative spectrum solutions ... improve public safety systems and ... foster a vibrant media ecosystem.” Everyone must feel these benefits, "including the disability community.” Gomez stressed the importance of “accessibility by design” for communications products and noted the HAC order. “This is a big deal, and it’s a crucial way that the FCC acted to make communications services accessible to all.” DAC last met in May (see 2405160051).

The U.S. Supreme Court’s decision to grant certiorari earlier this month in a case from the 9th U.S. Circuit Court of Appeals, McLaughlin Chiropractic Associates v. McKesson, could have implications beyond the FCC’s legal interpretation of the Telephone Consumer Protection Act, legal experts told us. SCOTUS began its current term Oct. 7.

Addressing tribal issues is important, but it shouldn’t slow the rollout of the $9 billion 5G Fund that FCC commissioners approved in August, the Competitive Carriers Association said in comments posted Friday in docket 20-32. Commissioner Brendan Carr dissented on the 5G Fund item, which included a Further NPRM on tribal issues (see 2408290022). Tribes and their associations commented on the importance of cooperation with tribal governments (see 2410170045).

Elon Musk has emerged as among the most enthusiastic supporters of former President Donald Trump’s presidential campaign, giving nearly $75 million in three months to his pro-Trump America PAC. Musk has danced at a Trump rally wearing a “dark MAGA” hat and announced Wednesday he would support Trump in a series of appearances throughout Pennsylvania.

FCC commissioners on Thursday approved 5-0 a draft hearing-aid compatibility order providing details on how the U.S. will reach 100% compatibility. FCC officials said the order included a few tweaks, accommodating commissioners' concerns and those of CTIA (see 2410090051) and disability advocates (see 2410150024). Commissioners voted at their monthly open meeting (see 2410170026), which was focused on consumer items. It was the last before the Nov. 5 election.

Q Link Wireless CEO Issa Asad faces years in prison and a fine of more than $100 million after pleading guilty to fraud tied to the FCC’s Lifeline program. Asad also pleaded guilty to money laundering through the COVID-19-era Paycheck Protection Program. FCC Chairwoman Jessica Rosenworcel on Wednesday welcomed the guilty pleas. Dania Beach, Florida-based Q Link offers coverage throughout the U.S. Asad and Q Link “engaged in multiple tricks designed to mislead the FCC about how many people were actually using Q Link’s Lifeline phones, and to prevent customers who did not want the phones from ending their relationship with Q Link (which would have prevented Q Link from billing the program for them),” said a DOJ news release: “The Defendants manufactured non-existent cellphone activity and engaged in coercive marketing techniques to get people to remain Q Link customers.” Asad admitted that he received approximately $15 million from Q Link as a result of the fraud. Asad’s plea agreement includes a joint recommendation that he serve the statutory maximum sentence of five years in prison on the fraud charge, the DOJ said. The statutory maximum sentence on the money laundering charge is 10 years. “Asad’s exact sentence will be determined by the Court after considering the U.S. Sentencing Guidelines and other statutory factors,” DOJ said. U.S. District Judge Rodolfo Ruiz set a sentencing hearing for Jan. 15. “Deceptive schemes that exploit at-risk communities and manipulate federal support for phone and broadband services should not go unpunished,” Rosenworcel said. Asad and Q Link “purposefully defrauded two critical federal programs helping individuals and businesses suffering financial hardship, unlawfully taking hundreds of millions of dollars for their own use and profit, while obstructing the United States’ ability to help people who, unlike the Defendants, needed it,” said Markenzy Lapointe, U.S. attorney for the Southern District of Florida.