Key Themes:

• FCC Leadership Transition: With Republicans controlling the White House, Senate, and House, a new era at the FCC is anticipated. Brendan Carr, nominated as the new Chair, is expected to prioritize national security, spectrum allocation, infrastructure development, and robust enforcement. Changes in the appointments of other  commissioners might slow down the agenda for the agency though.
• Impact of Recent Supreme Court Decisions: The Chevron Doctrine, which previously granted deference to agency interpretations of ambiguous statutes, has been significantly weakened by the Loper Bright decision. This shift empowers courts to exercise independent judgment, potentially creating uncertainty and impacting FCC enforcement capabilities. Similarly, the Jarkesy decision, granting individuals the right to a jury trial in specific SEC cases, could have implications for FCC enforcement actions involving monetary penalties.
• TCPA and Robocall Mitigation: Key deadlines loom for TCPA compliance, including the “one-to-one” consent rule and consent revocation rule. The FCC’s recent action against entities with insufficient robocall mitigation database filings highlights the need for ongoing vigilance and adherence to evolving regulations. Carriers should pay attention to the new developments here.
• Broadband Funding: The $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program faces potential adjustments due to concerns over its fiber-centric approach. The future of the Universal Service Fund (USF) also hangs in the balance as its constitutionality and funding mechanisms are challenged.

FCC Leadership & Priorities:

• Carr’s priorities are likely to align with Republican agendas, focusing on national security, particularly combating cybercrime and achieving 6G dominance. A few of these have become bipartisan issues.
• Streamlining infrastructure permitting and rationalizing federal funding programs will be key areas of focus.
• Enforcement efforts will target waste, fraud, and abuse, particularly within the USF framework.
• However, the initial lack of a Republican majority on the commission may hinder swift implementation of policy changes.

Kevin Rupy states, “the FCC makeup during the Rosenworcel Administration didn’t get a 3-2 commission until two years in and that can significantly hinder um the ability of the of the chair to implement their policy”

Chevron Doctrine & Loper Bright:

• Loper Bright significantly curtails the Chevron Doctrine, requiring courts to actively interpret statutes instead of deferring to agency interpretations.
• This shift has profound implications for FCC actions, including net neutrality rules, and may lead to more litigation and uncertainty for the industry.
• “Every case is going to be…specific to the Congressional uh act that uh did or did not or may have um asked the FCC to to take some action.” – Stephan Corin

Impact of Jarkesy:

• Jarkesy raises questions about the FCC’s authority to impose monetary penalties without a jury trial, potentially hindering enforcement efforts.
• It remains unclear how Jarkesy will apply to various types of FCC enforcement actions.
• “Jarkesy…applies to cases that are kind of rooted in common law…so there’s a question as to whether…[certain actions] are covered.” – Stephan Corin

TCPA & Robocall Landscape:

• The “one-to-one” consent rule and the consent revocation rule pose compliance challenges for marketers and raise concerns about potential disruptions.
• The FCC’s crackdown on robocall mitigation database non-compliance underscores the importance of diligence and proactive compliance efforts.
• Potential exists for Congress to enact targeted changes to the TCPA given the unified Republican government.

Broadband Funding & USF: