Carr Reins in FCC Overreach on School Wi-Fi

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Federal Communications Commission (FCC) Chairman Brendan Carr has been in the news a lot lately. Under his energetic leadership, the agency has pursued an ambitious agenda at a breakneck pace. And while he has taken flak (including from me) for some of his high-profile controversies—perhaps most notably threatening Jimmy Kimmel like a second-rate Jersey mob boss—he deserves significant credit for the less flashy efforts his team is taking behind the scenes to restore the agency’s proper role and rein in the prior administration’s excesses. One such effort was last month’s decision to terminate E-Rate funding for Wi-Fi hotspot lending and school bus Wi-Fi access. While the merits of those programs can be debated, they clearly exceeded the statute’s bounds, and the FCC was right to rein them in.

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Prison Call Order Delays Reform of Market Ripe for Disruption

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this summer, the Federal Communications Commission (FCC) unexpectedly delayed implementation of its 2024 prison call order until 2027. The order, which was mandated by Congress and had bipartisan support in the agency and on Capitol Hill, sought to correct long-standing market distortions through a combination of cost-based pricing and competition-friendly rules. The delay was requested by incumbent providers and correctional facilities based on unexpected implementation challenges. But this postponement is unfortunate, coming right as new entrants such as Ameelio are poised to challenge those incumbents and perpetuating inefficiencies, high costs, and limited innovation in a sector ripe for disruption.

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Surprise! USF Decision Signals Admin Law Revolution, But Not the One We Expected

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Late last month, the Supreme Court decided FCC v. Consumers Research. Although an undercard among the Court’s last-day decisions, the case was closely watched in administrative law circles as a potential vehicle for revitalizing the moribund Nondelegation Doctrine. But as predicted after oral argument, the Court found this was not the right case to do so. The big surprise was Justice Kavanaugh’s concurrence, which likely killed future efforts to reform nondelegation, but also signaled big news ahead for the law governing independent agencies.

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NTIA Streamlines BEAD Program, But Risks Further Delays

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

On June 6, the National Telecommunications & Information Administration (NTIA) issued its long-awaited overhaul of the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) program. This new policy notice repeals many administrative burdens imposed by Biden-era NTIA oversight and aligns the program more closely with Congress’s original intent. This revised guidance promises to enhance broadband deployment by increasing flexibility and reducing costs to taxpayers. But it also risks further delays in a program already criticized for its sluggish rollout—and in the meantime, private enterprise is closing many of the coverage gaps BEAD sought to address.

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The House Should Act Quickly to Repeal the Illegal, Expensive E-Rate Expansion

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this month, the Senate passed S.J.Res.7. The resolution, sponsored by Senator Ted Cruz, would repeal a Biden-era Federal Communications Commission (FCC) rule allowing E-Rate funds to subsidize Wi-Fi hotspot lending programs for off-campus use. This well-intentioned but misguided rule violates clear statutory limits on agency power and threatens an increasingly unstable Universal Service Fund (USF). The House should follow the Senate’s lead to revoke this initiative before the estimated June 4 deadline for congressional action.

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