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.

The FCC isn’t expected to resurrect the issue of sharing video programming confidential information (VPCI) in connection with the review of AT&T's planned buy of DirecTV, content company and broadcast officials told us. The U.S. Court of Appeals for the D.C. Circuit remanded the protective order on the sharing of programming and retransmission consent contracts to the FCC (see 1505080053). But it's unlikely to issue a new order before a decision on AT&T/DirecTV, said content company officials involved in the proceeding. The commission had argued that sharing VPCI with third parties in Comcast/Time Warner Cable and AT&T/DirecTV was an important part of the review process.

The FCC isn’t expected to resurrect the issue of sharing video programming confidential information (VPCI) in connection with the review of AT&T's planned buy of DirecTV, content company and broadcast officials told us. The U.S. Court of Appeals for the D.C. Circuit remanded the protective order on the sharing of programming and retransmission consent contracts to the FCC (see 1505080053). But it's unlikely to issue a new order before a decision on AT&T/DirecTV, said content company officials involved in the proceeding. The commission had argued that sharing VPCI with third parties in Comcast/Time Warner Cable and AT&T/DirecTV was an important part of the review process.

Much as they disagreed on whether the FCC should have reclassified broadband as a common carrier service and impose tough new net neutrality rules, supporters and opponents of the February order disagree on how likely it is that the U.S. Court of Appeals for the D.C. Circuit will issue a stay of the reclassification order and an Internet conduct rule. Public interest group officials express confidence that the order will survive and no stay will come from the court. Lawyers on the other side say a stay is often hard to get, but the order is so sweeping a stay is a strong possibility. Telco/cable groups have asked the court to impose a stay before the order takes effect June 12.

Much as they disagreed on whether the FCC should have reclassified broadband as a common carrier service and impose tough new net neutrality rules, supporters and opponents of the February order disagree on how likely it is that the U.S. Court of Appeals for the D.C. Circuit will issue a stay of the reclassification order and an Internet conduct rule. Public interest group officials express confidence that the order will survive and no stay will come from the court. Lawyers on the other side say a stay is often hard to get, but the order is so sweeping a stay is a strong possibility. Telco/cable groups have asked the court to impose a stay before the order takes effect June 12.

Charter Communications’ planned buy of Bright House Networks and Time Warner Cable doesn’t face the same regulatory hurdles as Comcast/TWC, said industry officials, analysts and public interest groups. But they don’t agree on the new deals' prospects, according to interviews and statements Tuesday. Charter CEO Tom Rutledge is “confident” regulators will sign off on the deal, he said on an investor call Tuesday. “We’re a very different company than Comcast.” Comcast/TWC opponent Free Press said Charter/BHN and TWC doesn’t offer a public interest benefit, which FCC Chairman Tom Wheeler highlighted in his statement.

Charter Communications’ planned buy of Bright House Networks and Time Warner Cable doesn’t face the same regulatory hurdles as Comcast/TWC, said industry officials, analysts and public interest groups. But they don’t agree on the new deals' prospects, according to interviews and statements Tuesday. Charter CEO Tom Rutledge is “confident” regulators will sign off on the deal, he said on an investor call Tuesday. “We’re a very different company than Comcast.” Comcast/TWC opponent Free Press said Charter/BHN and TWC doesn’t offer a public interest benefit, which FCC Chairman Tom Wheeler highlighted in his statement.

An FCC Enforcement Bureau public notice is an early window into how the agency will handle many net neutrality issues, addressing them on a case-by-case basis (see 1505200059), industry observers told us. Wednesday's PN said more guidance may be forthcoming, but for now the Enforcement Bureau will look at whether providers are taking “reasonable, good-faith steps” to comply with privacy protections in Section 222 of the Communications Act. The rules take effect June 12.

An FCC Enforcement Bureau public notice is an early window into how the agency will handle many net neutrality issues, addressing them on a case-by-case basis (see 1505200059), industry observers told us. Wednesday's PN said more guidance may be forthcoming, but for now the Enforcement Bureau will look at whether providers are taking “reasonable, good-faith steps” to comply with privacy protections in Section 222 of the Communications Act. The rules take effect June 12.