The FCC’s new direct final rule process doesn’t give enough time and information to the public, provides too much authority to the bureaus, and is of questionable legality, said local governments, public interest groups and civil rights groups in filings in docket 25-133 last week. All the comments objected to the DFR process, rather than specific rules the process is being used to eliminate in orders voted at the FCC’s July (see 2507240055) and August (see 2508070037) meetings.

While SpaceX is challenging at least one state, saying it was unfairly precluded from BEAD locations it should have won, a Vernonburg Group analysis points to low earth orbit (LEO) satellites being able to serve at most 26% of BEAD-eligible unserved and underserved locations nationwide. That lines up with the concerns of fiber advocates and others about LEO networks' ability to meet the legislative definition of a priority project -- such as delivering 100/20 Mbps service -- at BEAD scale, former BEAD Director Evan Feinman told us.

The U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s $80 million data breach forfeiture in a unanimous opinion handed down Friday (see 2508150014). T-Mobile was also fined $12.2 million for violations by Sprint, which it later acquired. Judges appeared skeptical of T-Mobile's arguments when the case was heard in March (see 2503240048). T-Mobile is reviewing the decision, a spokesperson said Friday.

A White House executive order on regulation of novel space activities by the Commerce Department leaves uncertain what role, if any, the FCC will have in overseeing in-space servicing, assembly and manufacturing, we're told. The EO, which President Donald Trump issued Wednesday, also looks to ease the regulatory hurdles for commercial space launches. The FCC commissioners unanimously approved an ISAM licensing framework NPRM 18 months ago (see 2402150053).

Industry will likely turn to the FCC to address a 6th U.S. Circuit Appeals Court decision on Wednesday upholding the agency’s 2024 data breach notification rules (see 2508130068). When the rules were approved, now Chairman Brendan Carr and former Republican Commissioner Nathan Simington dissented (see 2312220054).

Communications Daily is tracking the lawsuits below involving appeals of FCC actions.

The Canadian broadband market is similar to the U.S., with most people having internet service that’s at least 100 Mbps for downloads and 20 Mbps for uploads, experts said during a Broadband Breakfast webinar Wednesday. However, speakers noted that, as in the U.S., Canada still faces a digital divide. Similar to the $42.45 billion BEAD program, Canada is making about $4.4 billion available for broadband under its current fund, they said. The smaller fund reflects, in part, that the population of Canada is 41.3 million, versus 340.1 million in the U.S.

Bill Baker, CEO of Texas-based ISP Nextlink, and Gary Bolton, CEO of the Fiber Broadband Association (FBA), said Wednesday that satellite broadband isn’t a true substitute for fiber or fixed wireless access. Speaking at an FBA webinar, both questioned the move of some states to embrace low earth orbit (LEO) proposals from SpaceX's Starlink and Amazon's Kuiper as part of a restructured BEAD program (see 2507290070).

Regulatory approval of cable ISP WideOpenWest going private should be "relatively straightforward," UBS analyst Batya Levi told us Tuesday. WOW announced the $1.5 billion all-cash deal with investment funds DigitalBridge and Crestview Partners after the market's close Monday. The transaction should close by year-end or in Q1 2026, with shareholder and regulatory approval to come, WOW said.

Carolina West is getting support for a petition from June 2024 seeking a waiver that would permit it to receive supplemental high-cost universal service support. The Competitive Carriers Association urged the FCC to grant a blanket waiver or initiate further proceedings on expanding the availability of support beyond Carolina West. CCA also filed at the FCC a new report by the Brattle Group discussing the unique challenges faced by rural carriers. Comments were due Monday in docket 19-197 and posted Tuesday.