Boomerang Wireless asked the FCC to delay revoking its Lifeline broadband status until the agency or state regulators act on its long-pending petitions to become a USF-eligible telecom carrier (ETC) in numerous states. Boomerang said de-enrolling 17,538 affected Lifeline subscribers under the Wireline Bureau's Feb. 3 Lifeline broadband provider revocation order would be disruptive despite a 60-day transition given the company to migrate the customers to rivals. Some other providers criticized the FCC decision to revoke the LBP designations of nine companies, including Boomerang, pending further review (see 1702030070).
When FCC Chairman Ajit Pai axed numerous bureau inquiries and actions earlier this month without prior notice or explanation (see 1702030058 and 1702030070), he was well within his rights under the Administrative Procedures Act, APA and communications law experts tell us. Ending inquiries into issues like zero rating effectively signals taking a different enforcement direction without having to go through a process of eliminating those rules -- an approach numerous agencies under the Trump administration likely will take, some said.
When FCC Chairman Ajit Pai axed numerous bureau inquiries and actions earlier this month without prior notice or explanation (see 1702030058 and 1702030070), he was well within his rights under the Administrative Procedures Act, APA and communications law experts tell us. Ending inquiries into issues like zero rating effectively signals taking a different enforcement direction without having to go through a process of eliminating those rules -- an approach numerous agencies under the Trump administration likely will take, some said.
The FCC Enforcement Bureau is no longer allowed to settle enforcement actions begun by the full commission without a vote of all members, Chairman Ajit Pai said in a statement Wednesday on his latest change to processes. Pai has announced a process modification each day this week (see 1702070072 and 1702060062). Meanwhile, the other Republican commissioner asked the agency to be more consistent with deadlines, holding all to them after a general amnesty period except for when waivers are granted. And AT&T slammed past FCC enforcement measures.
The FCC Enforcement Bureau is no longer allowed to settle enforcement actions begun by the full commission without a vote of all members, Chairman Ajit Pai said in a statement Wednesday on his latest change to processes. Pai has announced a process modification each day this week (see 1702070072 and 1702060062). Meanwhile, the other Republican commissioner asked the agency to be more consistent with deadlines, holding all to them after a general amnesty period except for when waivers are granted. And AT&T slammed past FCC enforcement measures.
Federal judges questioned the sustainability of FCC inmate calling service regulations contained in a 2015 order that limited ICS rates and charges, major parts of which the new Republican-run commission is no longer defending. Citing the agency's shift, Judge Laurence Silberman seemed skeptical about the legal justification for much of the order, and Judge Harry Edwards also raised some doubts, while Judge Cornelia Pillard hypothesized the panel could still uphold the order. The three judges of the U.S. Court of Appeals for the D.C. Circuit pressed litigants to clarify what they wanted their panel to do about the case, Global Tel*Link v. FCC, No. 15-1461, as they struggled to sort out various complexities in oral argument Monday that ran 90 minutes, after being scheduled for 40 minutes.
Supreme Court pick Neil Gorsuch appears highly skeptical about broad deference justices have given expert agencies, and he has cited the FCC as a prime example. Gorsuch, the 10th U.S. Circuit Court of Appeals judge whom President Donald Trump tapped to fill the seat of the late Justice Antonin Scalia, is seen by FCC watchers as a likely vote to rein in the deference the high court has given agencies under its 1984 Chevron precedent, including in the 2005 Brand X broadband ruling.
Supreme Court pick Neil Gorsuch appears highly skeptical about broad deference justices have given expert agencies, and he has cited the FCC as a prime example. Gorsuch, the 10th U.S. Circuit Court of Appeals judge whom President Donald Trump tapped to fill the seat of the late Justice Antonin Scalia, is seen by FCC watchers as a likely vote to rein in the deference the high court has given agencies under its 1984 Chevron precedent, including in the 2005 Brand X broadband ruling.
The GOP-run FCC said it won't defend inmate calling service intrastate rate caps that the previous Democratic majority instituted, but will continue to defend most other parts of a recent ICS order being challenged in court. It said it would cede some time at Monday's oral argument to an inmate family advocate to defend all aspects of the order.
House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.