Communications and Technology Alert: FCC Nominee Trusty Confirmed; SCOTUS TCPA Ruling; Lowering Broadband Costs for Consumers Act; Request to Reinstate Digital Equity Act [Volume XXII, Issue 25]
Republican FCC Nominee Olivia Trusty Confirmed by Senate
Last week, the Senate confirmed the nomination of Olivia Trusty to one of the three vacant Commissioner positions at the FCC. The arrival of the longtime hill staffer will bring the Commission back to the quorum of three Commissioners needed to pass new rules. The Commission has been operating with only two Commissioners since former Commissioners Starks and Simington stepped down on June 6th. Ms. Trusty's nomination was not paired with a Democrat to fill Starks's seat. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
Supreme Court Rules that District Courts Need Not Defer to FCC’s Interpretation of TCPA
Last week, in a 6-3 decision, the Supreme Court ruled that a U.S. district courts should not defer to the FCC's interpretation of the Telephone Consumer Protection Act. The Supreme Court ruled that the 1950 Administrative Orders Review Act (also known as the “Hobbs Act”), which says that the FCC final orders must be reviewed by U.S. circuit courts of appeal does not preclude U.S. district courts from reviewing agency orders under the TCPA. The case arose from chiropractic practices receiving unsolicited faxes that they thought violated the TCPA. While the litigation was pending in U.S. district court, the FCC issued an order in a separate proceeding that found the TCPA does not apply to online faxes because the recipients do not incur printing costs. The district court found this order mooted the dispute and that it was required to defer to the FCC's decision. The Supreme Court's ruling reversed and remanded this decision, finding that "a district court must independently determine for itself whether an agency's interpretation of a statute is correct." The case comes on the heels of last year’s Loper Bright decision removing Chevron judicial deference to FCC decisions. For more information, please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
House Files Companion Lowering Broadband Costs for Consumers Act
The House of Representatives last week introduced and filed their chamber’s version of the Lowering Broadband Costs for Consumers Act (Senate version available here), which would require edge providers and tech companies to contribute to the Universal Service Fund (USF). The bill intends to help fill funding gaps which support deploying middle and last-mile networks, particularly in rural communities. The Act is introduced as the Supreme Court intends to rule on Fifth Circuit appeals challenging the constitutionality of the USF. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
140 Organizations Request Commerce Department Reinstate Digital Equity Act Programs
Last Wednesday, 140 organizations sent a letter to Secretary Lutnick at the Department of Commerce requesting the reinstatement of the Digital Equity Act’s programs, which were cancelled through an Executive Order on May 9th, 2025. The Digital Equity Act had previously been authorized by Congress through the Infrastructure Investment and Jobs Act of 2021 and provided grants to increase access to affordable broadband connections in rural and underserved communities. The grants were allocated to states and territories directly through the Capacity Grant Program, and to individual organizations and projects through the Competitive Grant Program. Together, the grants would have funded approximately $2.75 billion for nationwide deployments. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
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