Seeking to invalidate New York’s Affordable Broadband Act, ISP groups asked that the U.S. Supreme Court review a 2nd U.S. Circuit Court of Appeals 2-1 ruling that federal statute doesn't preempt the state law. However, SCOTUS should wait until lower courts finish reviewing the FCC’s net neutrality order, CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association said in a petition for a writ of certiorari Monday.

The FCC "must point to clear congressional authorization" before claiming it can reclassify broadband as a Title II telecom service under the Communications Act, a coalition of industry groups told the 6th U.S. Circuit Court of Appeals in its challenge of the commission's net neutrality rules. The court granted a temporary stay of the rules earlier this month (see 2408010066). The petitioners -- ACA Connects, CTIA, NCTA, USTelecom, the Wireless ISP Association and several state telecom associations -- said in their opening brief filed late Monday (docket 24-7000) that the "best reading of the federal communications laws forecloses the commission’s reclassification."

Opponents of giving the FirstNet Authority effective control of the 4.9 GHz band, as promoted by AT&T and the Public Safety Spectrum Alliance (PSSA), have been at the FCC repeatedly in recent weeks, driven in part by rumors that Chairwoman Jessica Rosenworcel may support that plan. But industry officials say how the FCC will come down remains uncertain. With Commissioner Anna Gomez expected to recuse herself, because of work before she joined the commission, Rosenworcel will likely need support from at least one Republican commissioner.

An FCC notice of inquiry on whether to require cable, phone and broadband providers to offer simple cancellation and access to live representatives is getting applause from consumer advocacy groups. FCC Chairwoman Jessica Rosenworcel's office on Monday circulated the draft customer service NOI. The White House said the NOI was part of a broader "time is money" initiative aimed at consumer woes. In addition, the effort will investigate whether health insurers make it difficult for customers to submit claims online.

Amateur radio operators are already making their opposition known to a proposal from NextNav that the FCC reconfigure the 902-928 MHz band “to enable a high-quality, terrestrial complement” to GPS for positioning, navigation and timing (PNT) services (see 2404160043). Comments are due Sept. 5, replies Sept. 20, on a public notice from the FCC, but amateurs have begun filing comments (docket 24-240), posting nearly 60 just in the past few days.

The Democratic Party’s switch to Vice President Kamala Harris as its candidate for the White House is expected to provide a huge boost to broadcasters’ political advertising haul from the 2024 election, TV and radio executives said during recent Q2 earnings calls. Broadcasters also see sports returning to traditional airwaves, and Nexstar CEO Perry Sook predicted pay TV is arriving at an “inflection point” that could arrest plummeting subscriber numbers and drooping retrans dollars. Outgoing Tegna CEO Dave Lougee disagreed during what he said would be his final earnings call before retiring. “The innings of net retrans as the growth driver have certainly come to the later stages,” he said. Mike Steib will succeed Lougee next week.

Backers of resurrecting the FCC’s affordable connectivity program are tempering their expectations about how much a pair of July developments may increase Congress’ appetite for injecting stopgap funding into the lapsed initiative this year. The Senate Commerce Committee approved a surprise amendment July 31 to the Proper Leadership to Align Networks for Broadband Act (S-2238) that would allocate $7 billion to ACP for FY 2024 (see 2407310048). Former President Donald Trump earlier that month selected Sen. JD Vance of Ohio, a Republican who backed ACP funding in the face of opposition from party leaders, as his running mate (see 2407150062).

DOJ is likely to seek a ban against Google’s default search deals with companies like Apple in the department’s search market monopoly lawsuit against the platform, legal experts on opposite sides of the case said last week. Whether the department can successfully force Google to sell off Chrome or Android is an open question, they said.

Facing $2 billion in debt coming due in November and likely short of the cash on hand it will need to operate in Q4, EchoStar plans to use spectrum assets to raise the funding it needs, CEO Hamid Akhavan said Friday as the company announced Q2 earnings. EchoStar has more spectrum than it needs for its wireless plans, Akhavan said. But the company doesn't intend to dispose or relinquish ownership of spectrum holdings, he said. Instead, it's considering financing options that don't require selling.

The FCC’s NPRM on AI and robocalls that commissioners approved Wednesday saw numerous changes from its draft version, beyond the addition of a notice of inquiry (see 2408070037). Incompas and the Cloud Communications Alliance asked the FCC to move parts to a NOI, citing the lack of specific proposals (see 2408050029). “The item itself is seemingly more of an investigation into the state of AI technologies rather than a series of specific proposals,” they said.