Benton Institute for Broadband & Society's motion before the 6th U.S. Circuit Court of Appeals is "crystal clear" that the group is seeking relief for only the two dockets with pending petitions before the FCC on net neutrality rules, the group said in a reply brief Wednesday night (see 2408070001). "The sole basis for seeking abeyance is the pendency of a recently-filed petition for reconsideration addressing the same issue as that raised here by movants," Benton said (docket 24-7000). It asked that the court act "as expeditiously as possible" because industry groups didn't oppose the targeted request.

Tropical Storm Debby’s disaster information reporting system was deactivated for Florida and activated for 48 counties in North Carolina, the FCC said in Thursday’s report (see 2408070032). The storm left .5% of North Carolina and .1% of South Carolina cellsites down, unchanged from Wednesday; 4,875 cable and wireline subscribers are without service, down from 17,344 Wednesday. No TV or radio stations were reported down.

Benton Institute for Broadband & Society asked the 6th U.S. Circuit Court of Appeals to hold in abeyance scheduled briefings on the pending challenge of the FCC's net neutrality rules following the court's decision to stay the rules and schedule oral argument for the fall (see 2408010065). In a motion Tuesday the FCC did not oppose (docket 24-7000), Benton cited a pending petition before the commission that "makes it possible that other further action of this could likely render moot or alter the issue" presented before the court. "Courts of Appeal commonly hold proceedings in abeyance when overlapping petitions for administrative reconsideration have been filed," Benton said: "That is the most prudent course here." A coalition of industry groups conditionally opposed the motion, saying the court “plainly should not hold industry petitioners’ cases in abeyance, nor should it pause the briefing of industry petitioners’ cases while it considers the abeyance motion.” CTIA, USTelecom, NCTA, ACA Connects, the Wireless ISP Association and several state telecom associations said they didn’t oppose the motion only if Benton sought “for only their own petitions to be held in abeyance.”

Microsoft withdrew its 2021 petition for reconsideration of an FCC order relaxing interference rules for distributed transmission systems, a request for dismissal posted Tuesday in docket 20-74 said. The DTS order was intended to help broadcasters using ATSC 3.0 craft single frequency networks. However, Microsoft had argued it would lead to disruption for unlicensed devices using the TV white spaces (see 2105240067). “Microsoft is no longer pursuing or advocating for the matters raised in the Petition,” the request for dismissal said. “Accordingly, the Petition for Reconsideration is no longer needed or of concern to Microsoft and may be dismissed.” The previous FCC approved the DTS order 3-2, with current FCC Chairwoman Jessica Rosenworcel -- then a commissioner-- and Commissioner Geoffrey Starks dissenting.

The FCC’s Communications Equity and Diversity Council (CEDC) will hold its second meeting under its current charter Aug. 13, according to a public notice Tuesday. The agenda for the meeting will include “introducing CEDC working group chairs, discussing working group plans going forward, and receiving information from the FCC’s Office of Communications Business Opportunities and Wireline Competition Bureau,” the PN said.

The FCC Office of International Affairs on Tuesday sought comment on draft recommendations for the 2027 World Radiocommunication Conference. The FCC's WRC Advisory Committee approved the draft recommendations Monday (see 2408050034). Comments are due Aug. 20 in docket 24-30. Among the preliminary views approved Tuesday were recommendations for studies on sharing and compatibility and the use of international mobile telecommunications in the 4, 7/8 and 15 GHz bands and changes to radio regulations in support of aeronautical mobile high frequency operations, as well as various satellite items.

The FCC said Monday it plans to recharter its Consumer Advisory Committee for two years and is seeking nominations for membership. A renewed charter will become effective on or before Oct. 13, the notice said. Nominations are due Sept. 6. The current CAC is focused on AI and met last in June (see 2406260041).

Maurine and Matthew Molak, who sued the FCC for its decision authorizing funding of Wi-Fi on school buses (see 2406260006), filed a petition at the agency seeking reconsideration of last month’s 3-2 order allowing schools and libraries to use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2407180024). Pleading cycle deadlines will come in a Federal Register notice, a Friday notice from the FCC said. “Petitioners urge the FCC to reconsider and rescind the Report and Order because it is contrary to law,” the petition said. The Molaks argue that the Telecom Act didn’t provide the FCC authority to use the E-rate program to pay for internet service and connections, “such as the Wi-Fi service and equipment at issue.” An agency “cannot exercise authority it does not have,” the petition argued: “If the FCC wishes to move forward with this proposal, it must first obtain proper authority from Congress.” The Molaks, whose 16-year-old son died by suicide after he was cyberbullied, argued that the school bus ruling would give children and teenagers unsupervised social media access. That case is before the 5th U.S. Circuit Court of Appeals. Meanwhile, Schools, Health & Libraries Broadband Coalition Executive Director John Windhausen told us the group is mostly pleased with the Wi-Fi order and Further NPRM that the FCC posted last week. Windhausen saw no big surprises. “We're glad the FCC clarified a few issues and teed up additional questions in the further notice,” he said. SHLB's webinar on Wednesday “showed that there is a high level of interest in this new initiative, so we're excited to see how schools and libraries use this opportunity,” he said. SHLB plans additional webinars to answer questions about the program. Several changes were made between the draft and final version of the item, based on our side-by-side comparison. One question before the vote was whether the item would be tweaked to address fixed wireless access and partnerships with nontraditional providers (see 2406270068). The order clarifies that Wi-Fi hot spots “must be for use with a commercially available mobile wireless Internet service, rather than for use with [citizens broadband radio service] or other private network services.” The FNPRM adds language, as sought by Commissioner Geoffrey Starks, on cybersecurity issues. The final order includes a new paragraph on cybersecurity risk management. “Recognizing the critical needs of schools and libraries to protect their broadband networks and sensitive student, school staff, and library patron data, we seek comment on how to ensure that using E-Rate support for Wi-Fi hotspots does not introduce additional vulnerabilities or risks to cyberattacks,” the FNPRM says: “Specifically, we seek comment on whether service providers … should be required to implement cybersecurity and supply chain risk management plans.”

Q2 of this year saw the C-band Relocation Payment Clearinghouse receive another $59 million in claims, the clearinghouse said Thursday in docket 18-122. It said cumulatively it has received 4,507 claims for $3.58 billion -- the vast majority from satellite operators. Of those claims, 2,837 -- with a value of $2.9 billion -- were reviewed and invoiced to the C-band overlay licensees, the clearinghouse said. A total of $287.2 million in claims were approved in Q2. As of Q2, 97% of lump sum reimbursement claims were approved.

NTIA expects it will finish reviewing most initial plans for the broadband equity, access and deployment (BEAD) program next month, NTIA Administrator Alan Davidson said on a conference call with Vermont broadband officials Thursday. Montana, Oklahoma and Vermont may access more than $1.6 billion combined from the $42.5 billion BEAD program, NTIA said earlier in the day. The federal agency approved volume 2 of each state’s initial plan. NTIA allocated about $628 million to Montana, $797 million to Oklahoma and $228 million to Vermont. NTIA has approved entire initial plans for half the 50 states, plus three territories and the District of Columbia. The pace of approvals has quickened lately, with NTIA clearing six plans last week (see 2407260035). Davidson noted an “increased cadence” of approvals, with the agency signing off on three or four plans each week. The NTIA administrator expects that pace will continue through the summer. While expecting the “bulk” of reviews to be done by September, Davidson said there might be “a few small stragglers.” Vermont is “very excited to move from planning to action,” said Christine Hallquist, Vermont Community Broadband Board executive director, on the same call. Vermont expects it will collect bids this fall and winter and hopes to start releasing funds in Q3 2025, Alexei Monsarrat, said a rural broadband technical assistant specialist with Vermont.