FCC Chairman Tom Wheeler is reassuring net neutrality advocates that Title II reclassification of broadband remains an option if proposed net neutrality rules aren’t enough. Industry observers said in interviews that Wheeler’s latest comments (WID April 30 p3) probably aren’t an idle threat, though it remains a big question whether reclassifying broadband is even possible in the remaining 33 months of the Obama presidency. Wheeler circulated a revised version of his net neutrality NPRM Tuesday, agency officials confirmed.

FCC Chairman Tom Wheeler could face an uphill fight just to get three votes for the net neutrality rulemaking notice he circulated Thursday for a vote at the FCC’s May 15 meeting, industry officials said. The proposed rules faced significant backlash after they were unveiled last week, with public interest groups raising concerns that the commission was offering a watered-down version of the 2010 rules (CD April 25 p1). The big sticking point has been that the draft rules would allow fast lane deals between ISPs and content providers as long as their agreement is deemed reasonable by the FCC (CD April 28 p2).

FCC Chairman Tom Wheeler could face an uphill fight just to get three votes for the net neutrality rulemaking notice he circulated Thursday for a vote at the FCC’s May 15 meeting, industry officials said. The proposed rules faced significant backlash after they were unveiled last week, with public interest groups raising concerns that the commission was offering a watered-down version of the 2010 rules (WID April 25 p1). The big sticking point has been that the draft rules would allow fast-lane deals between ISPs and content providers as long as their agreement is deemed reasonable by the FCC (WID April 28 p7).

Aereo v. ABC remains too close to call (CD April 21 p3) after oral argument at the U.S. Supreme Court Tuesday, said several communications attorneys who attended the hearing in follow-up interviews. They said a decision, which may be 5-4, seems likely to hinge on what’s safest for the cloud computing industry.

Aereo v. ABC remains too close to call (WID April 21 p6) after oral argument at the U.S. Supreme Court Tuesday, said several communications attorneys who attended the hearing in follow-up interviews. They said a decision, which may be 5-4, seems likely to hinge on what’s safest for the cloud computing industry.

Aereo v. ABC remains too close to call after oral argument at the U.S. Supreme Court Tuesday (CED April 21 p1), said several communications attorneys who attended the hearing and gave follow-up interviews. They said a decision, which may be 5-4, seems likely to hinge on what’s safest for the cloud computing industry.

The Telecom Act has many features that no longer make sense in the video market, said representatives of broadcasters, multichannel video programming distributors and public interest groups in interviews. “Competition in video is broken,” said Fletcher Heald broadcast attorney Frank Jazzo, pointing to the uneven regulations that apply variously to broadcasters and MVPDs, and the act’s failure to account for over-the-top competitors. “The act as written doesn’t take into account the changes in technology” in the video realm, said BakerHostetler cable attorney Gary Lutzker.

The FCC made joint sales agreements attributable for ownership calculations and kicked off the 2014 ownership quadrennial review with a 3-2 vote split along party lines, at Monday’s open meeting. Commissioners Ajit Pai and Mike O'Rielly voted against what Pai called “a thumb in the eye of Congress.” As expected (CD March 28 p1), the new JSA rule gives existing arrangements where one company accounts for more than 15 percent of another’s sold advertising time two years to be unwound and includes an expedited waiver process, the Media Bureau said. The FNPRM that begins the new ownership proceeding incorporates the 2010 quadrennial review, seeks comment on changes to cross-ownership rules and proposes rules for requiring disclosure of shared service agreements. Commissioner Mignon Clyburn said JSAs had been used to skirt the commission’s rules, though the ownership rule change is “admittedly not perfect.” Chairman Tom Wheeler praised it for closing “an end run around the rules” that allowed large companies to amass too much market power.

The largest inmate calling service (ICS) providers submitted Paperwork Reduction Act (PRA) challenges in response to the FCC inmate calling order. That order required all ICS providers to submit information about their costs to provide interstate, intrastate toll and local service, and associated costs for interconnection fees, equipment investment and forecast data. Annual reporting requirements would add 101 hours per year for each ICS provider to respond, said the FCC. In comments to the Office of Management and Budget, ICS providers called the estimate unrealistically low.

FCC Chairman Tom Wheeler’s use of delegated authority reached a high point of sorts last week when AT&T’s buy of Leap Wireless was approved by the Wireless and International bureaus, rather than by commissioner vote (CD March 14 p5), officials said. Commission Democrats Mignon Clyburn and Jessica Rosenworcel complained internally that they would have preferred a commission vote on that deal, which gave one of the two biggest wireless carriers control of an important prepaid service player, FCC officials told us. Republicans Ajit Pai and Mike O'Rielly have complained about other items being approved on delegated authority, agency officials said.