FCC Chairman Ajit Pai said Tuesday the agency thinks it's on a strong legal foundation for whatever challenge may come after its 3-2 approval of a net neutrality remand order, despite an expected legal challenge or reconsideration petition (see 2010150026). The two Democratic commissioners dissented. There also were full or partial dissents to decisions ending some ILEC unbundling and resale requirements with varying transition periods for different network elements, a robocalls enforcement order wireless infrastructure rules and the 5G Fund creation (see 2010270034). But there was no clash on other orders. No approved order texts were released Tuesday.

The FCC intends to move forward with a rulemaking to clarify the meaning of Communications Decency Act Section 230, Chairman Ajit Pai said Thursday (see 2010150067). He said the FCC’s general counsel told him the agency has the “legal authority to interpret Section 230.” The announcement drew backlash from Democratic commissioners and praise from NTIA and Commissioner Brendan Carr. Republicans on Capitol Hill welcomed a potential rulemaking.

The FCC intends to move forward with a rulemaking to clarify the meaning of Communications Decency Act Section 230, Chairman Ajit Pai said Thursday (see 2010150067). He said the FCC’s general counsel told him the agency has the “legal authority to interpret Section 230.” The announcement drew backlash from Democratic commissioners and praise from NTIA and Commissioner Brendan Carr. Republicans on Capitol Hill welcomed a potential rulemaking.

France, Germany and the United Kingdom called on the European Union to impose sanctions on those responsible for the poisoning of Alexei Navalny, a Russian political opposition leader. France and Germany said Navalny’s poisoning was an “attack on the elementary principles of democracy” and represented a “shocking new use of a chemical weapon,” according to an unofficial translation of an Oct. 7 joint statement. “France and Germany will send their European partners proposals for additional sanctions, the statement said. The U.K. on Oct. 7 said it “stands side by side” with Germany and France. “We will work together with our international partners to take forward sanctions targeting Russian officials and others who are considered responsible for this crime as well those involved in the development of the Novichok chemical weapon programme,” U.K. Foreign Secretary Dominic Raab said.

First Amendment objections to FCC control of internet platforms under Communications Decency Act Section 230 are “truly a red herring, designed to obscure whose rights are being violated,” Adam Candeub, acting NTIA administrator, said in an FCBA webinar Thursday. President Donald Trump withdrew Mike O’Rielly's renomination to another term on the FCC after the commissioner expressed such concerns (see 2008210055). Other speakers slammed the Trump move to exercise more control over the internet, calling it an abuse of power. Commissioner Brendan Carr said he’s ready to move ahead on rules.

First Amendment objections to FCC control of internet platforms under Communications Decency Act Section 230 are “truly a red herring, designed to obscure whose rights are being violated,” Adam Candeub, acting NTIA administrator, said in an FCBA webinar Thursday. President Donald Trump withdrew Mike O’Rielly's renomination to another term on the FCC after the commissioner expressed such concerns (see 2008210055). Other speakers slammed the Trump move to exercise more control over the internet, calling it an abuse of power. Commissioner Brendan Carr said he’s ready to move ahead on rules.

Lifeline providers are looking to FCC Commissioner Mike O’Rielly as a potential avenue for shifting a draft order circulated last month (see 2007300064) that would change the formula setting the minimum service standard to produce an MSS of 4.5 GB per month, said an industry attorney and an FCC official. That’s lower than the 11.75 GB the MSS will require starting in December without FCC action but higher than the freeze at the current 3 GB requested by virtually all Lifeline docket commenters. “We want them to do something, but we want it to be something that won’t harm Lifeline subscribers," said Public Knowledge Senior Policy Counsel Jenna Leventoff. “Vulnerable low-income Americans shouldn’t be left behind during this COVID-19 pandemic,” said attorney Judson Hill, who represents Lifeline provider TruConnect.

Commissioner Mike O’Rielly's departure from the FCC, likely in January, could cause delays in FCC action on rules on Section 230 of the Communications Decency Act if President Donald Trump is re-elected in November. Unless another Republican is approved by January, the FCC would be evenly split between Republicans and Democrats. Even if Chairman Ajit Pai were determined to move an NPRM he wouldn’t have the votes to do so, given the almost certain opposition of Democrats, industry officials said.

Commissioner Mike O’Rielly's departure from the FCC, likely in January, could cause delays in FCC action on rules on Section 230 of the Communications Decency Act if President Donald Trump is re-elected in November. Unless another Republican is approved by January, the FCC would be evenly split between Republicans and Democrats. Even if Chairman Ajit Pai were determined to move an NPRM he wouldn’t have the votes to do so, given the almost certain opposition of Democrats, industry officials said.

President Donald Trump's surprise decision to withdraw Mike O’Rielly's nomination to another term on the FCC (see 2008040061) could hurt Republicans immediately, observers noted in interviews this week. If O’Rielly follows the example of others, he could begin recusing himself immediately. That would mean Chairman Ajit Pai loses a generally reliable third vote when there's a split with Democrats.