Federal judges questioned the sustainability of FCC inmate calling service regulations contained in a 2015 order that limited ICS rates and charges, major parts of which the new Republican-run commission is no longer defending. Citing the agency's shift, Judge Laurence Silberman seemed skeptical about the legal justification for much of the order, and Judge Harry Edwards also raised some doubts, while Judge Cornelia Pillard hypothesized the panel could still uphold the order. The three judges of the U.S. Court of Appeals for the D.C. Circuit pressed litigants to clarify what they wanted their panel to do about the case, Global Tel*Link v. FCC, No. 15-1461, as they struggled to sort out various complexities in oral argument Monday that ran 90 minutes, after being scheduled for 40 minutes.

Supreme Court pick Neil Gorsuch appears highly skeptical about broad deference justices have given expert agencies, and he has cited the FCC as a prime example. Gorsuch, the 10th U.S. Circuit Court of Appeals judge whom President Donald Trump tapped to fill the seat of the late Justice Antonin Scalia, is seen by FCC watchers as a likely vote to rein in the deference the high court has given agencies under its 1984 Chevron precedent, including in the 2005 Brand X broadband ruling.

Supreme Court pick Neil Gorsuch appears highly skeptical about broad deference justices have given expert agencies, and he has cited the FCC as a prime example. Gorsuch, the 10th U.S. Circuit Court of Appeals judge whom President Donald Trump tapped to fill the seat of the late Justice Antonin Scalia, is seen by FCC watchers as a likely vote to rein in the deference the high court has given agencies under its 1984 Chevron precedent, including in the 2005 Brand X broadband ruling.

The GOP-run FCC said it won't defend inmate calling service intrastate rate caps that the previous Democratic majority instituted, but will continue to defend most other parts of a recent ICS order being challenged in court. It said it would cede some time at Monday's oral argument to an inmate family advocate to defend all aspects of the order.

House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.

House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.

House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.

Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”

Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”

Political shadows and fog are obscuring the view of what DOJ priorities are in its review of AT&T's proposed buy of Time Warner, with no clear consensus among experts we talked to, due largely to uncertainty about the approach of the incoming Trump administration. "It's very difficult to know what to expect" since the Trump transition team hasn't named key DOJ personnel, such as head of the Antitrust Division, ITTA President Genny Morelli said. Justice, the Trump transition team and AT&T didn't comment.