The U.S. Court of Appeals for the D.C. Circuit rejected the National Lifeline Association’s request for emergency stay of the FCC Wireline Bureau increasing the minimum service standard to 4.5 GB a month (see 2011250064), said an order (in Pacer) Monday. The increase takes effect Tuesday, and Lifeline providers say it's an existential threat. The lack of a stay "is disappointing," said NaLA attorney John Heitmann of Kelley Drye. Judges Patricia Millett, Neomi Rao and Cornelia Pillard said petitioners NaLA and Assist Wireless “have not satisfied the stringent requirements for a stay.” Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman called that D.C. Circuit “boilerplate” for stay rejections. He called it a positive sign for NaLA that the judges requested an FCC response to NaLA’s request for a writ of mandamus compelling the agency to act on reconsideration petitions against a 2016 Lifeline order. "NaLA will continue to work on multiple fronts to preserve free access for Lifeline-eligible consumers to mobile broadband, including by seeking commission review of the bureau’s waiver order," Heitmann said. The timing of Heitmann’s application for review could influence how it's received at the FCC, attorneys said. The current commission doesn't have enough likely yes votes to advance a draft order on the Lifeline increase (see 2011160051). The change in the White House, Pai's stepping down next month (see 2011300032), and the possibility of prospective commissioner Nathan Simington replacing Commissioner Mike O’Rielly (see 2011240061) could change that dynamic, attorneys said.

The U.S. Court of Appeals for the D.C. Circuit rejected the National Lifeline Association’s request for emergency stay of the FCC Wireline Bureau increasing the minimum service standard to 4.5 GB a month (see 2011250064), said an order (in Pacer) Monday. The increase takes effect Tuesday, and Lifeline providers say it's an existential threat. The lack of a stay "is disappointing," said NaLA attorney John Heitmann of Kelley Drye. Judges Patricia Millett, Neomi Rao and Cornelia Pillard said petitioners NaLA and Assist Wireless “have not satisfied the stringent requirements for a stay.” Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman called that D.C. Circuit “boilerplate” for stay rejections. He called it a positive sign for NaLA that the judges requested an FCC response to NaLA’s request for a writ of mandamus compelling the agency to act on reconsideration petitions against a 2016 Lifeline order. "NaLA will continue to work on multiple fronts to preserve free access for Lifeline-eligible consumers to mobile broadband, including by seeking commission review of the bureau’s waiver order," Heitmann said. The timing of Heitmann’s application for review could influence how it's received at the FCC, attorneys said. The current commission doesn't have enough likely yes votes to advance a draft order on the Lifeline increase (see 2011160051). The change in the White House, Pai's stepping down next month (see 2011300032), and the possibility of prospective commissioner Nathan Simington replacing Commissioner Mike O’Rielly (see 2011240061) could change that dynamic, attorneys said.

Backers and some critics of Ajit Pai agreed he was a particularly effective FCC chairman, leaving behind a legacy of major accomplishments and changes. Pai announced Monday he will step down on Inauguration Day, Jan. 20 (see 2011300020). Supporters said his scorecard includes enacting policies that accelerated broadband deployment and steering the agency through the pandemic.

Backers and some critics of Ajit Pai agreed he was a particularly effective FCC chairman, leaving behind a legacy of major accomplishments and changes. Pai announced Monday he will step down on Inauguration Day, Jan. 20 (see 2011300020). Supporters said his scorecard includes enacting policies that accelerated broadband deployment and steering the agency through the pandemic.

An expected 3-2 approval of the net neutrality remand order on Oct. 27's FCC agenda (see 2010060056) will likely be met by a reconsideration petition and/or legal challenge, interested parties told us. Which route petitioners go will depend somewhat on whether the FCC stays in Republican control in 2021 or changes hands, said lawyers and industry and public interest representatives. The agency declined comment Thursday.

An expected 3-2 approval of the net neutrality remand order on Oct. 27's FCC agenda (see 2010060056) will likely be met by a reconsideration petition and/or legal challenge, interested parties told us. Which route petitioners go will depend somewhat on whether the FCC stays in Republican control in 2021 or changes hands, said lawyers and industry and public interest representatives. The agency declined comment Thursday.

The U.S. Supreme Court’s grant of certiorari in the FCC’s and NAB’s appeals of the 3rd U.S. Circuit Court of Appeals Prometheus IV case (see 2004170065) could indicate the court has concerns about the 3rd Circuit’s 17-year retention of the broadcast ownership case, said academics and broadcast and public interest attorneys in interviews Friday. The high court issued an order Friday saying it will take up the matter, consolidating the NAB and FCC cases into one and setting one hour for oral argument. That argument could take place early in 2021 or hold off until spring, attorneys said.

Commissioner Mike O'Rielly's nearly seven-year FCC career will wrap up by year's end. During the agency's September meeting Wednesday, he said he's folding on others' efforts to get himself renominated. He said he's leaving regardless of how the November presidential election plays out (see 2009300014).

E.W. Scripps' plans to divest 23 Ion stations as part of its $2.65 billion purchase of the broadcaster (see 2009240006) likely will obviate FCC and DOJ regulatory concerns, deal watchers told us. It isn't expected to get the public and political outcry faced by Sinclair's aborted Tribune purchase. The Ion purchase from private equity firm Black Diamond is expected to close in Q1, Scripps announced Thursday.

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.