T-Mobile challenged the FCC's 3-2 April decision (see 2404290044) fining the carrier for allegedly not safeguarding data on customers' real-time locations. The challenge was made at the U.S. Court of Appeals for the D.C. Circuit. Notices of apparent liability were proposed in 2020 against T-Mobile and other carriers under then-Chairman Ajit Pai, a Republican, but the commission’s two current Republicans, Brendan Carr and Nathan Simington, dissented in April. Carr voted for the NAL in 2020, but raised concerns at the time. “The majority held -- for the first time” that customer proprietary network information (CPNI) “encompasses mobile-device location information that is unrelated to voice calls,” T-Mobile said in challenging the order in docket 24-1224. The carrier was fined more than $91 million, plus $12 million for violations by Sprint, which it subsequently acquired (see 2404290044). The order is “unlawful, arbitrary and capricious, an abuse of discretion, and unconstitutional,” T-Mobile told the court. The location information cited “is not CPNI within the meaning of Section 222(h)(1)(A) [of the Telecommunications Act], as the statutory text, context, and Commission precedent make clear,” T-Mobile said: “At a minimum, the Commission failed to provide fair notice of its novel, expansive statutory and regulatory interpretations -- the Order punishes T-Mobile based on legal requirements that the majority adopted for the first time in this proceeding and retroactively applied to T-Mobile’s past conduct.” T-Mobile said it “adopted numerous safeguards to protect the privacy of its customers’ location data, and it acted promptly and decisively to stop rogue actors from misusing location data for unauthorized purposes.” On Monday, Jacob Lewis, FCC associate general counsel, filed to represent the agency in the case. T-Mobile also filed an appeal on behalf of Sprint in docket 24-1224.

The FCC activated the disaster information reporting system for six Texas counties affected by Hurricane Beryl, a public notice said late Monday. The alert encompasses Brazoria, Chambers, Fort Bend, Galveston, Harris and Matagorda counties. In addition, it activated the mandatory disaster response initiative for facilities-based mobile wireless providers in the affected area, which requires companies to allow reasonable roaming and cooperate in service restoration during disasters. Tuesday’s DIRS report shows 28.7% of cell sites down in the affected counties, and 803,501 cable and wireline subscribers without service. No TV stations were reported down, but two FM and two AM stations were listed as out of service. The FCC also issued public notices on priority communications services and emergency contact procedures for licensees that need special temporary authority. The Public Safety Bureau issued a reminder for entities clearing debris and repairing utilities to avoid damaging communications infrastructure. T-Mobile said in a news release Tuesday that it has deployed trucks and trailers equipped with Wi-Fi and device charging, and its emergency response team is at the Texas Department of Emergency Management (TDEM) State Emergency Operations Center in Austin.

Expect extensive street closures and traffic restrictions around the National Courts Building in Washington this week through Thursday, the U.S. Court of Appeals for the Federal Circuit said Friday. It said court will proceed as scheduled, but access to the courthouse will be available only on H Street NW. Various areas of Washington are expecting street closures and restrictions due to the NATO Summit. Counsel should plan for extra time getting to and from the courthouse, the court said.

The most important thing the FCC can do to improve the lives of the deaf and hard of hearing is “make sure our country has world-leading wired and wireless networks, and that everyone, everywhere is connected,” Chairwoman Jessica Rosenworcel said in remarks at the National Association of the Deaf Conference in Chicago July 3. “Beyond that, we need to mobilize the expertise of people with disabilities to develop and deploy new technologies,” she said, pointing to the agency’s Disability Advisory Committee and Disability Rights Office as examples. She touted the FCC’s recent initiatives to improve accessibility for emergency alerting and the upcoming meeting item on caption display setting accessibility (see 2406270068). Rosenworcel also discussed recent advances in mass market products that increase accessibility, such as a virtual reality headset that uses AI to generate real-time captions. These services are available not "because of some specialty assistive device designed and marketed exclusively to people who are deaf or blind,” she said, but because of applications that “run on devices that were made for everyone.” Rosenworcel said making new technology “built for all” is good for business. “We can make the digital future work for all of us -- the deaf and hard-of-hearing included.” The agency released her speech Monday.

SpaceX's proposed reconsideration of the aggregate out-of-band power flux density (PFD) limits that the FCC adopted in March's supplemental coverage from space (SCS) order (see 2405300044) is seeing some pushback from wireless carriers and EchoStar. SpaceX has pushed for band-specific out-of-band PFD limits, and replies to its petition were posted Monday in docket 23-65. EchoStar said the proceeding's record supports the FCC's aggregate out-of-band emissions limit protecting neighboring licensees. The aggregate interference limit is "reasonable and realistic" as a route to preventing harmful interference, it said. AT&T said the commission should stick with its "balanced, simple, and certain approach" to protecting terrestrial wireless services, "particularly given that SCS technology is still being developed and tested." It said if an SCS applicant can't comply with the PFD limits, it can seek a waiver of the rule and show its proposed deployment won't cause harmful interference. Keeping the uniform out-of-band PFD limit is important, given the nascent development of SCS services, Verizon said in its opposition. T-Mobile, partnering with SpaceX on SCS service, backed SpaceX's recon petition. It said the FCC didn't seek comment on the limit ultimately adopted, and that limit significantly constrains the ability of satellite operators to provide SCS in some frequency bands. "Basic engineering principles require band-specific out-of-band PFD levels," T-Mobile said.

Former President Donald Trump denounced the Heritage Foundation’s Project 2025 -- some of which FCC Republican Commissioners Brendan Carr and Nathan Simington wrote -- in a post on Truth Social Friday. “I know nothing about Project 2025. I have no idea who is behind it. I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal,” Trump wrote. “Anything they do, I wish them luck, but I have nothing to do with them.” Carr is listed as principal author of the FCC chapter in Mandate for Leadership: The Conservative Promise, the book outlining Project 2025’s 180-day plan for a second Trump administration. Simington is credited as a contributor. Neither Simington nor Carr commented.

The FCC Wireline Bureau gave carriers part of the relief they sought on rules addressing SIM swapping and port-out fraud, delaying Monday's compliance deadline. The reprieve, though, isn't as long as CTIA, NCTA and the Competitive Carriers Association wanted (see 2406270028). The bureau found that delay of the rules until March 10, as the groups asked, “would not serve the public interest,” a Friday order said. But the bureau said the requirement won’t kick in until OMB completes its review of the information collection requirements in the rules and the FCC publishes a notice in the Federal Register announcing the compliance date. “This will effectively result in a single synchronized timeframe,” the order said. The review is expected to be completed no earlier than November, the order said. The FCC “gave the industry a half a loaf, which is better than giving them the whole loaf,” Margot Saunders, senior counsel at the National Consumer Law Center, told us. Saunders said “it’s too bad” the requirements aren’t already in place. “SIM swap and port out frauds cause devastating losses to consumers, especially to low-income consumers who are using prepaid phones, which are more vulnerable,” she said: Consumers often don’t “have the means to launch expensive litigation to recoup their funds. The new regulations impose relatively modest requirements -- which do not seem to be overly complex, or need radical new systems to be developed.” The commission "is not unaware of the complexities of implementing the requirements,” but “we do not find the complexities outlined by Petitioners persuasive to overcome the Commission’s stated concerns regarding the urgency of addressing these types of pernicious fraudulent schemes,” the order said.

Following court directions, the FCC filed at the 6th U.S. Circuit Court of Appeals Wednesday “a certified list of items constituting the record of Commission proceedings” related to the net neutrality order in docket 24-7000. The 6th Circuit last week declined to transfer the case to the D.C. Circuit as the FCC requested (see 2406280060). The list runs more than 1,100 pages and includes comments filed starting in 2020.

In an update to Congress on its rip-and-replace program, the FCC said as of June 1, it has received 23,830 reimbursement claims across 122 of the 126 applications approved for a funding allocation to replace Huawei and ZTE communications gear and services. It also approved more than $693 million in claims “for which funds have been fully disbursed to recipients or are in the process of being disbursed through the U.S. Treasury.” The FCC noted a May 2 letter from Chairwoman Jessica Rosenworcel to Congress urging full funding, which would close the program's shortfall of more than $3 billion (see 240502007). The Wireline Bureau “has continued to review Reimbursement Claims submitted by recipients and disburse funds within the approved funding allocations for costs reasonably incurred to remove, replace, and dispose of covered communications equipment and services,” the report said in Tuesday’s Daily Digest: “We have also received and reviewed the sixth and seventh rounds of status updates submitted by Reimbursement Program recipients.” The FCC estimated that 12% of participants have completed the program. Complaints from participants include “(1) absence of full funding; (2) supply chain delays; (3) labor shortages; (4) weather-related challenges; and (5) extended review times in the processing of requests for reimbursement,” the report said. Providers continue seeking additional time to complete the program. This week, Hotwire Communications became the latest to seek an extension, citing delays in obtaining replacement equipment, labor shortages and funding “uncertainties.”

Recent U. S. Supreme Court decisions on judicial deference to federal agencies and agency enforcement actions will have “significant impacts” on FCC matters, but “how they apply may vary significantly by context,” according to a Monday post from HWG attorneys Christopher Wright, Sean Lev and Jason Neal. Wright and Lev are former FCC general counsels. “Many FCC actions are based on statutory provisions that are at least arguably ambiguous, and litigants affected by those decisions will in some cases have a greater chance to prevail in federal court,” in light of the Loper Bright Enterprises v. Raimondo decision (see 2407010036), the attorneys said. However, many of the rules that Congress directed the FCC to implement use terms like “appropriate” or “reasonable," they noted. “The meaning of the Court’s reasoning regarding those instances where Congress clearly has authorized some amount of discretion will be important (and surely contested),” they said. While SCOTUS ruled previous decisions that relied on Chevron deference remain in effect, that's also likely to get tested in the courts, they wrote. In its decision in SEC v. Jarkesy (see 2406270063), the court didn’t specify what opportunities for a jury trial satisfy the Seventh Amendment. Although FCC enforcement proceedings haven’t generally involved juries, even before Jarkesy an entity facing an FCC forfeiture could decline to pay, and eventually face a civil suit from DOJ to collect the unpaid money, a proceeding called a “trial de novo.” The FCC has previously contended that this opportunity satisfies any 7th Amendment requirements, the attorneys said.