FCC supporters, critics and others continue to offer different takes on Friday’s net neutrality oral argument heard by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit (see 1512040058). The supporters believe Judge David Tatel’s focus on the Supreme Court’s 2005 Brand X ruling and the discretion it gave the FCC bodes well for the agency’s broadband reclassification under Title II of the Communications Act and its net neutrality rules. Even one critic of the order suspects Title II reclassification of wireline ISPs could be upheld. But some on all sides said the agency’s reclassification of mobile broadband was at risk, with FCC critics saying other aspects were also vulnerable. A two-part audio recording of the argument is available here (USTelecom vs. FCC, No. 15-1063).
Keysight Technologies adds to board Mark Templeton, ex-Citrix Systems, effective Dec. 1 ... Lobbyist registrations: CenturyLink, The Washington Tax & Public Policy Group, effective Oct. 15 ... TracFone Wireless, Wiley Rein, effective Nov. 2.
Cisco and Motorola Solutions see FCC equipment authorization rule changes as positive overall, but identified some concerns, including challenges with implementation and mutual recognition agreements (MRAs). "Generally, the changes to the FCC's [equipment authorization] processes have been helpful," said Chuck Powers, Motorola Solutions director-engineering and technology policy, during an FCBA CLE Thursday. "Leveraging the [telecom certification bodies] for all FCC certifications speeds up the process for manufacturers," which is beneficial for everybody, he said. But Powers said Motorola has had to take into account that the FCC's changes have essentially made MRAs a de facto requirement for testing of devices developed outside the U.S., at least for the foreseeable future. MRAs can make trade easier, but they aren't as ubiquitous globally as they should be, said Powers: "There are certain countries that [MRAs] are missing from that the passing of this [FCC] order has created a problem for us." David Case, Cisco technical regulatory leader, said the rule changes on authorization have been "very positive overall," and allow a more streamlined manufacturing process -- something he said the company looks for. Case said the rules do tend to put manufacturers "behind the eight ball" because of the costs it takes to update certain labs for authorization. Case also said MRAs have essentially leveled the playing field against competition overseas. Tim Brightbill, a Wiley Rein trade lawyer, said FCC rules eventually will have to pass muster with trade rules set forth in the Trans-Pacific Partnership, which is awaiting congressional review.
The FCC could encourage more auction participation by implementing procedures that “facilitate deferred tax treatment of reverse auction proceeds,” said “representatives of the commonly-owned licensees of commercial broadcast television stations concentrated in several of the largest” designated market areas, according to an ex parte filing by Wiley Rein broadcast attorney Ari Meltzer in docket 12-268. The representatives weren't identified in the filing under a Media Bureau rule that allows broadcast auction participants to meet with the FCC to discuss the auction without disclosing their identities. “Realistic” broadcaster participation could result in a high clearing target and limited impaired spectrum, the broadcast representatives said. Other broadcasters have been raising similar issues at the FCC and in interviews with us (see 1511130041).
There are a few sticking points to reaching a new safe harbor deal (see 1510250001) on data transfer between the U.S. and EU countries, said a European Commission official and industry lawyers in interviews Tuesday. But they voiced optimism a deal can be reached. They said that sticking points include EC demands that Europeans get the same data protection and redress rights as U.S. citizens and residents. An EC official said that the proposed Judicial Redress Act (HR-1428), which he said the EC largely supports, could address that matter. But he dismissed the suggestion by other experts that national data protection authorities could be an obstacle to approving a revised agreement.
RICHMOND -- Counsel representing Montgomery County, Maryland, and the FCC faced few questions about the FCC’s wireless facility siting rules from a three-judge panel during oral argument at the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, Wednesday. Judge Allyson Duncan asked repeated clarifying questions about whether it’s possible to come up with a standard for new collocation facilities that applies across the board. She also said under the “deemed granted” statute in its 2014 order, the FCC is basically saying, “If you don’t act in accordance with the regulation, we’ll do it for you.” Judges Roger Gregory and Henry Floyd were mostly quiet during the arguments, mainly clarifying details about whether the parties were talking about modifications to existing facilities or if there was more at play in the case.
In a 2016 presidential election season that’s wide open, Hubbard Broadcasting CEO Stanley Hubbard decided to cover his bases when writing checks Sept. 30 -- he donated to at least five GOP presidential campaigns. Hubbard gave thousands of dollars to GOP nomination candidates Jeb Bush, Ben Carson, Chris Christie, Carly Fiorina and Marco Rubio, no donation less than $2,500.
The course of the Internet Assigned Numbers Authority (IANA) transition process is less certain since an ICANN working group meeting over the weekend on a related proposal on changes to ICANN’s accountability mechanisms and amid renewed congressional scrutiny of the transition, stakeholders said in interviews. ICANN stakeholders had planned to use a meeting Friday and Saturday in Los Angeles to move closer to a consensus on the Cross Community Working Group on Enhancing ICANN Accountability’s (CCWG-Accountability) draft ICANN accountability proposal (see 1509240072), but stakeholders who participated in or observed the meeting told us they don’t believe the group made enough progress. Meanwhile, House Judiciary Committee Chairman Bob Goodlatte, R-Va., and Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, joined two vocal critics of the IANA transition in requesting a Government Accountability Office review of whether it’s constitutional for the transition to proceed without Congress’ approval.
The FCC, FTC, Department of Commerce and other federal agencies are preparing for a partial federal shutdown. It remains possible starting Thursday, though there are signs on Capitol Hill that Congress could avert a closure, at least for now. Even if a shutdown happens, FCC and industry officials said that work on the TV incentive auction is expected to proceed under a "mandatory spending" exception. And unlike 2013, industry may not have to feel the same pain from the complete loss of documents on the FCC’s website.
The European Commission moved forward Thursday with its digital single market (DSM) strategy by announcing new consultations aimed at collecting public feedback on Internet platforms' behavior in the European market and geographic restrictions of content. European Commission Digital Economy and Society Commissioner Günther Oettinger pointed to the new DSM consultations Thursday as an area in which U.S. stakeholders should work with the EU to maintain their trans-Atlantic ties on information and communications technology (ICT) issues. The U.S. responses to the EU's DSM strategy have been mixed since the strategy first went public in May (see 1505060038 and 1505070053), with some perceiving the strategy as “a secret key to a Fortress Europe,” Oettinger said during a Johns Hopkins University School of Advanced International Studies event. “My message to all our friends in D.C. is clear -- don't fall into that trap.”