The 9th U.S. Circuit Court of Appeals' transfer of net neutrality litigation to the D.C. Circuit Wednesday produced modest initial reaction among parties we queried. The 9th Circuit cited the lack of opposition in making the decision (see 1803280030). "The benefit to all parties is that the DC Circuit judges are better equipped than any other circuit to understand and manage case like this. Beyond that, as always, in the end it is a crapshoot," emailed Andrew Schwartzman, who's representing the Benton Foundation, one of the petitioners that challenged the FCC's "internet freedom" order in the D.C. Circuit. "The transfer is not surprising, given the DC Circuit’s past experience in these cases specifically and with FCC-related rule challenges generally," emailed Enrique Armijo, academic dean and associate professor of Elon University School of Law. "I think D.C. Circuit makes the most sense, and hopefully we can get a quick decision," emailed Doug Brake, Information Technology and Innovation Foundation telecom policy director. "The big lines of this doctrine are already pretty clear: the FCC gets wide deference to interpret this ambiguous statute. It’s a little disappointing we can’t really expect any bombshells out of this case -- I wish we could fast-forward to serious discussions on [Capitol] Hill." Both Armijo and Brake had predicted a transfer, while some said they believed a transfer would speed court review but doubted it would tilt the outcome either way (see 1803090051). Others didn't comment Wednesday, including the FCC and counsel for Mozilla, which sought the transfer and is the lead petitioner in the D.C. Circuit. Meanwhile, comments are due April 27 at the Office of Management and Budget and FCC on broadband ISP disclosure duties under the Paperwork Reduction Act, said a notice in the Federal Register Wednesday. The "internet freedom" order's repeal of Title II net neutrality regulation under the Communications Act won't take effect until after ISP information-collection requirements in a transparency rule are finalized. Once OMB approves, the FCC will publish a final FR notice on the effective date of the order.

The 9th U.S. Circuit Court of Appeals may be asked to transfer net neutrality litigation to the D.C. Circuit, observers told us Friday. Parties to the case aren't saying what they'll do; some cautioned against speculation; and others questioned whether it would make that much difference to the outcome. But several agreed with previous suggestions the 9th Circuit generally is slower than the D.C. Circuit in deciding cases. The FCC declined to comment.

The 9th U.S. Circuit Court of Appeals may be asked to transfer net neutrality litigation to the D.C. Circuit, observers told us Friday. Parties to the case aren't saying what they'll do; some cautioned against speculation; and others questioned whether it would make that much difference to the outcome. But several agreed with previous suggestions the 9th Circuit generally is slower than the D.C. Circuit in deciding cases. The FCC declined to comment.

Senate Minority Leader Chuck Schumer, D-N.Y., picked FCC Enforcement Bureau Assistant Chief Geoffrey Starks as his recommended candidate to replace Commissioner Mignon Clyburn upon her expected departure from the commission, multiple sources familiar with the situation told us. Schumer's office didn't comment Friday, but he may publicly recommend Starks for Clyburn's seat in the near future, two communications sector lobbyists said. Schumer's decision came a month after Senate Commerce Committee ranking member Bill Nelson, D-Fla., publicly backed John Branscome, committee chief Democratic telecom counsel, to succeed Clyburn (see 1802070047).

Senate Minority Leader Chuck Schumer, D-N.Y., picked FCC Enforcement Bureau Assistant Chief Geoffrey Starks as his recommended candidate to replace Commissioner Mignon Clyburn upon her expected departure from the commission, multiple sources familiar with the situation told us. Schumer's office didn't comment Friday, but he may publicly recommend Starks for Clyburn's seat in the near future, two communications sector lobbyists said. Schumer's decision came a month after Senate Commerce Committee ranking member Bill Nelson, D-Fla., publicly backed John Branscome, committee chief Democratic telecom counsel, to succeed Clyburn (see 1802070047).

Any requests for a stay of the FCC net neutrality repeal are complicated in the near term by the considerable delay in its effective date, parties and observers told us. The "internet freedom" order undoing net neutrality regulation won't take effect until the Office of Management and Budget approves the commission's modified ISP transparency (disclosure) rules under the Paperwork Reduction Act, a process that is expected to take at least a few months. A stay movant would have to show there's some likelihood of immediate irreparable harm and success on the case's merits, among other factors.

Any requests for a stay of the FCC net neutrality repeal are complicated in the near term by the considerable delay in its effective date, parties and observers told us. The "internet freedom" order undoing net neutrality regulation won't take effect until the Office of Management and Budget approves the commission's modified ISP transparency (disclosure) rules under the Paperwork Reduction Act, a process that is expected to take at least a few months. A stay movant would have to show there's some likelihood of immediate irreparable harm and success on the case's merits, among other factors.

Congress was on the path Monday toward ending a three-day government shutdown, which already had widely varying impacts on communications-policy agencies. Senators voted 81-18 at our deadline to pass a continuing resolution that would fund the federal government through Feb. 8, after a bipartisan group of negotiators worked out a deal to debate immigration legislation. The shutdown began at midnight Friday after Senate Democrats voted overwhelmingly against cloture on a slightly longer CR amid disagreements with Republican leaders on immigration and other issues (see 1801190055). The House was also set to vote on the shortened CR later Monday.

Congress was on the path Monday toward ending a three-day government shutdown, which already had widely varying impacts on communications-policy agencies. Senators voted 81-18 at our deadline to pass a continuing resolution that would fund the federal government through Feb. 8, after a bipartisan group of negotiators worked out a deal to debate immigration legislation. The shutdown began at midnight Friday after Senate Democrats voted overwhelmingly against cloture on a slightly longer CR amid disagreements with Republican leaders on immigration and other issues (see 1801190055). The House was also set to vote on the shortened CR later Monday.

The FCC will tackle the 2018 quadrennial review of ownership regulations this year, and the item is expected to take up matters left over from the recent order on reconsideration (see 1711160054), industry and FCC officials told us. The remaining top-four network rule, AM/FM subcaps, disclosure of shared service agreements, and rules barring tri-opolies and the dual network rule could all be on the table, said industry and FCC officials. The quad review also could be used to respond to any issues over judicial review of the recon order, published in the Federal Register Monday (see 1801050049. “They may want to wait and see what happens in the courts,” said Georgetown University Institute for Public Relations Senior Counselor Andrew Schwartzman, who's involved in the ongoing appeal of the 2014 and 2010 quadrennial reviews in the 3rd U.S. Circuit Court of Appeals. With so many ownership rules already rolled back under the recon order, the 2018 quadrennial review could be “anticlimactic,” said Pillsbury Winthrop broadcast attorney Scott Flick.