Digital Equity Grant Lawsuit Update. In April, a D.C. federal judge declined to pause litigation over the Administration’s cancellation of the $2.75 billion Digital Equity grants aimed at increasing digital literacy and digital skill training. The suit was filed by the National Digital Inclusion Alliance. The Court found that the case covered distinct issues from the related Climate United Fund v. Citibank case and should proceed on its own merits. A month ago, the administration asked the Court to dismiss the case. However, a DOJ attorney told the Court last week that the government would withdraw from the case and let the grants proceed if all preferences for race are removed from the grant rules. This entire suit, from the beginning, has been about the title of the grant program and not about the substance of the program. This should hearten digital inclusion advocates since there is now a chance of seeing the promised grant funded after all. But before celebrating, its worth noting that the White House removed this grant from its proposed budget for the upcoming fiscal year.
Lower Budget for the FCC. Like is happening with many federal agencies, the House Appropriations Subcommittee is recommending a lower budget than requested by the agency for the fiscal year 2027 that starts in October. The agency had requested a budget of $416 million, and Congress reduced that by 6% to $390.2 million. The Congressional appropriations bill also added some conditions to the appropriations:
- The FCC will be prohibited from updating minimum service standards for fixed or mobile broadband without first evaluating any impact on affordability and consumer choice.
- The FCC will be prohibited from enforcing the digital discrimination rules passed by the previous FCC.
Update on FCC Router Ban. The FCC expanded its ban on foreign-made WiFi routers to also include “consumer-grade portable or mobile MiFi Wi-Fi or hotspot devices for residential use” and “LTE/5G CPE devices for residential use”. That’s a gigantic issue for the large cellular carriers who have been selling FWA cellular broadband to roughly 1 million new households per quarter. As a reminder, the FCC router ban only applies to any new routers, and carriers and ISPs can continue to import any existing routers they already use today.
But this is quickly going to become a major issue for carriers. The cable industry asked the FCC in the first week of June to swap some components inside existing routers, which would mean these are not identical to routers that were used before the ban. The cable companies warn that without the ability to modify older models that the cable industry faces a huge router shortage in the near future. The Global Electronics Association (GEA) has continued to argue that the FCC’s policy is flawed because security vulnerabilities are not related to where a router was manufactured and is endemic to the technology. Th good news is that the FCC is reviewing, and has approved several new routers.
New Fiber Factories. Corning is partnering with NVIDIA to build three new fiber factories that will increase the company’s capacity by 50%. The factories will be located in North Carolina and Texas. The cited reason for the expansion was the increased demand for fiber for data centers, but this increases fiber availability for all other purposes. NVIDIA is making a $500 million investment in Corning as part of the deal, and the company has an option to buy an additional 15 million Corning shares. This is another example of companies in the AI space investing in each other.
Supreme Court Upholds FCC Fines. The Supreme Court voted 8 to 1 to uphold the FCC’s authority to issue fines against companies that it regulates. The original suit that asked to eliminate the FCC fine authority was brought by AT&T and Verizon, which were trying to avoid fines levied after the two companies sold customer location data. The two carriers had argued that the FCC was improper to fine them since the companies should have been given the option of requesting a jury trial. The two companies said they are considering not paying the fines as another test of FCC authority.
Spectrum Auction Results. The FCC held the first spectrum auction in four years and auctioned AWS-3 spectrum that is valuable for cellular traffic. The FCC was worried when the spectrum raised only $95 million in the first few days. The One Big Beautiful Bill had ordered the FCC to resume spectrum auctions as a way to raise money to offset tax cuts in the bill. Congress assumed that all upcoming spectrum auctions would raise $85 billion. At the end, the auction raised just over $3.5 billion, which was a big relief to EchoStar. This spectrum was originally won at auction by EchoStar, which was subsequently accused of claiming bidding discounts it didn’t deserve, and the FCC expected EchoStar to make up any shortfall under $3.4 billion. .
AT&T Offers Daily Rates for iPad Users. In a new pricing plan, AT&T is offering a daily rate of $3 to activate broadband on a SIM-enabled iPad. This can be done using the iPad settings and doesn’t require a special app. No contract, subscription, or credit check is required. This is interesting because this is how broadband is sold in much of Africa, where users buy broadband by the day and use those days to tackle all broadband tasks. The $3 rate is not cheap, at $90 per month, but would be a savings for somebody buying usage as few times per week.