Matt Daneman

The outage of many of the FCC’s most used online systems (see 1508200049) has inconvenienced the attorneys and licensees who use them but hasn’t created any serious problems, industry attorneys told us Wednesday. The additional two days of the outage (see 1509080051) added to the inconvenience. Lawyers said they weren’t surprised the IT upgrades hadn't quite proceeded as planned. “It’s like that with any IT thing, not just at the FCC," said Fletcher Heald broadcast attorney Dan Kirkpatrick.

The industry appeal of the latest FCC net neutrality order is taking on a much different character than Verizon’s challenge to the 2010 order on that topic. Industry observers said that can be both a good and a bad thing for opponents of the rules, approved in February by a sharply divided FCC. Several attorneys cited the same adage -- too many cooks can spoil the broth. But they also said many of the lawyers have long appellate experience, which also strengthens the appeal.

The industry appeal of the latest FCC net neutrality order is taking on a much different character than Verizon’s challenge to the 2010 order on that topic. Industry observers said that can be both a good and a bad thing for opponents of the rules, approved in February by a sharply divided FCC. Several attorneys cited the same adage -- too many cooks can spoil the broth. But they also said many of the lawyers have long appellate experience, which also strengthens the appeal.

The main industry brief on the net neutrality order alleges the FCC majority, under Chairman Tom Wheeler, made a political decision in February when it opted to impose enhanced net neutrality rules on industry and reclassify broadband as a common carrier service. The brief was filed Thursday at the U.S. Court of Appeals for the D.C. Circuit by some of the top players in communications, including USTelecom, CTIA, NCTA, AT&T and CenturyLink, though CTIA and AT&T only join the section on wireless. The American Cable Association and the Wireless ISP Association also joined the brief.

The main industry brief on the net neutrality order alleges the FCC majority, under Chairman Tom Wheeler, made a political decision in February when it opted to impose enhanced net neutrality rules on industry and reclassify broadband as a common carrier service. The brief was filed Thursday at the U.S. Court of Appeals for the D.C. Circuit by some of the top players in communications, including USTelecom, CTIA, NCTA, AT&T and CenturyLink, though CTIA and AT&T only join the section on wireless. The American Cable Association and the Wireless ISP Association also joined the brief.

The evolving conventional wisdom is that the U.S. Court of Appeals for the D.C. Circuit probably will hear the net neutrality appeal at the end of this year or in early 2016, industry lawyers said. But a January oral argument would mean a decision by the court several months later and little time for the current administration to address any problems the court might find with the order, including a potential remand.

The evolving conventional wisdom is that the U.S. Court of Appeals for the D.C. Circuit probably will hear the net neutrality appeal at the end of this year or in early 2016, industry lawyers said. But a January oral argument would mean a decision by the court several months later and little time for the current administration to address any problems the court might find with the order, including a potential remand.

Judicial review of the net neutrality litigation is coming into clearer focus as the U.S. Court of Appeals for the D.C. Circuit recently set a briefing schedule, and telco and cable petitioners outlined their many lines of attack on the FCC's order. The court essentially accepted the parties’ proposed expedited briefing timetable running through mid-October, but it shortened and consolidated the briefs proposed by the main telco and cable broadband groups challenging the order while raising the word limit for intervenors defending the commission's net neutrality rules and broadband reclassification. One key aspect of the court's review still isn't known: the identity of the three judges who will review the merits of the industry challenges, which argue the FCC order violated the Communications Act, administrative procedures and even the First Amendment.

Judicial review of the net neutrality litigation is coming into clearer focus as the U.S. Court of Appeals for the D.C. Circuit recently set a briefing schedule, and telco and cable petitioners outlined their many lines of attack on the FCC's order. The court essentially accepted the parties’ proposed expedited briefing timetable running through mid-October, but it shortened and consolidated the briefs proposed by the main telco and cable broadband groups challenging the order while raising the word limit for intervenors defending the commission's net neutrality rules and broadband reclassification. One key aspect of the court's review still isn't known: the identity of the three judges who will review the merits of the industry challenges, which argue the FCC order violated the Communications Act, administrative procedures and even the First Amendment.

The U.S. Court of Appeals for the D.C. Circuit should transfer all challenges against the FCC 2014 quadrennial review rulemaking and the rule increasing attribution of joint sales agreements (JSAs) to the 3rd U.S. Circuit Court of Appeals or dismiss them, said the FCC in a brief filed Thursday in case 14-1090. Though Prometheus Radio Project and others in the case also have asked for the 3rd Circuit venue change, NAB said the case should be heard in D.C. The D.C. Circuit asked the parties to argue both the venue change and the merits of the case. As of a briefing schedule change earlier this month, final briefs in the case are due Aug. 27, with oral argument expected to be scheduled in the fall, said attorneys following the case.