Chairman Ajit Pai said Wednesday the FCC will stick with Dec. 8 for starting the auction of C-band spectrum for 5G, circulating draft final auction procedures (see 2007150047). Commissioners approved the auction 3-2 in February, including a procedures NPRM (see 2002280044). The FCC will also consider inmate calling services rates and media modernization among other items at the Aug. 6 commissioners’ meeting.
States and privacy advocates hailed a federal court ruling Tuesday that said Maine’s ISP privacy law isn’t preempted by Congress or the FCC. The U.S. District Court of Maine order (in Pacer) is a preliminary win for Maine’s 2019 law countering Congress’ 2017 Congressional Review Act (CRA) repeal of 2016 FCC broadband privacy rules. It could pave the way for more state privacy laws and may have implications for state net neutrality laws, said the state law's supporters.
Monday's Supreme Court decision on whether the president can fire the Consumer Financial Protection Bureau director doesn’t have much bearing on the FCC, said attorneys and academics in interviews. Seila Law v. CFPB hinged on whether provisions protecting the CFPB director from removal were legal. The court struck down those rules in a 5-4 decision. Chief Justice John Roberts said protections against removal for agencies headed by multimember commissions or boards from both parties -- such as the FCC or FTC -- are distinct from protections for those headed by a single individual, such as the CFPB. That means the ruling is unlikely to have much application for the FCC or FTC, said University of Minnesota School of Journalism assistant professor-media law Christopher Terry and Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor.
Monday's Supreme Court decision on whether the president can fire the Consumer Financial Protection Bureau director doesn’t have much bearing on the FCC, said attorneys and academics in interviews. Seila Law v. CFPB hinged on whether provisions protecting the CFPB director from removal were legal. The court struck down those rules in a 5-4 decision. Chief Justice John Roberts said protections against removal for agencies headed by multimember commissions or boards from both parties -- such as the FCC or FTC -- are distinct from protections for those headed by a single individual, such as the CFPB. That means the ruling is unlikely to have much application for the FCC or FTC, said University of Minnesota School of Journalism assistant professor-media law Christopher Terry and Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor.
The FCC’s $48 million settlement with Sinclair Broadcast doesn’t find the company in violation of the FCC’s candor rules, nor require the company to admit violations of the good faith negotiation or of candor requirements, said the order and consent decree released Friday. It also prevents any future enforcement action or petitions to deny based on the company’s sponsorship ID violations or other matters (see 2005060063).
Small satellite operators (SSO) challenging the FCC's C-band clearing order (see 2005050047) asked the agency to delay acting further pending judicial review before the U.S. Court of Appeals for the D.C. Circuit. Proceeding watchers said the agency is unlikely to accede. The commission didn't comment.
A voted on yet unreleased order and consent decree resolving investigations into conduct of Sinclair (see 2005060063) doesn’t conclude it was untruthful with the commission and says the TV broadcaster acted in good faith based on the company’s understanding of precedent during negotiations to buy Tribune, industry and FCC officials told us Thursday. The order and consent decree was approved 3-2, with the Democrats opposed, officials said. The decree includes a compliance plan that requires reporting for four years but doesn’t involve spinoffs or other stiffer requirements beyond the $48 million penalty, and prevents further FCC proceedings on the allegations, the officials said.
Sinclair agreed to a $48 million civil penalty as part of settling an FCC probe of the company's since-killed takeover of Tribune Media, the agency announced (see 2005060061) Wednesday. FCC Chairman Ajit Pai said the agency isn't revoking Sinclair's licenses after staff investigated various allegations. That fit with expectations as staffers were reviewing lack of candor that potentially occurred during the pendency of Sinclair/Tribune (see 1906270068).
The public interest in the FCC disclosing the IP addresses, user-agent headers and related time stamps of net neutrality proceeding comments filed in its electronic comment filing system "is great because the importance of the comment process to agency rulemaking is great." That's according to Judge Lorna Schofield of U.S. District Court for the Southern District of New York in an order Thursday (in Pacer, docket 18-cv-08607) granting a summary judgment motion by New York Times Co. It sued after the agency denied its Freedom of Information Act request for the application programming interface proxy server log containing the requested information (see 1809200023). The order denied an FCC motion for summary judgment and a Times motion for Plaintiffs’ motion for reasonable attorneys’ fees. The commission didn't comment. Litigation "should not have been necessary to get this vital information," emailed Benton Institute Senior Counselor Andrew Schwartzman. "I hope the Commission will now comply promptly rather than drag things out with appeals that will not succeed." Tweeted Commissioner Jessica Rosenworcel: "It's time for the agency to come clean."
The public interest in the FCC disclosing the IP addresses, user-agent headers and related time stamps of net neutrality proceeding comments filed in its electronic comment filing system "is great because the importance of the comment process to agency rulemaking is great." That's according to Judge Lorna Schofield of U.S. District Court for the Southern District of New York in an order Thursday (in Pacer, docket 18-cv-08607) granting a summary judgment motion by New York Times Co. It sued after the agency denied its Freedom of Information Act request for the application programming interface proxy server log containing the requested information (see 1809200023). The order denied an FCC motion for summary judgment and a Times motion for Plaintiffs’ motion for reasonable attorneys’ fees. The commission didn't comment. Litigation "should not have been necessary to get this vital information," emailed Benton Institute Senior Counselor Andrew Schwartzman. "I hope the Commission will now comply promptly rather than drag things out with appeals that will not succeed." Tweeted Commissioner Jessica Rosenworcel: "It's time for the agency to come clean."