The FCC, FTC, Department of Commerce and other federal agencies are preparing for a partial federal shutdown. It remains possible starting Thursday, though there are signs on Capitol Hill that Congress could avert a closure, at least for now. Even if a shutdown happens, FCC and industry officials said that work on the TV incentive auction is expected to proceed under a "mandatory spending" exception. And unlike 2013, industry may not have to feel the same pain from the complete loss of documents on the FCC’s website.

The FCC, FTC, Department of Commerce and other federal agencies are preparing for a partial federal shutdown. It remains possible starting Thursday, though there are signs on Capitol Hill that Congress could avert a closure, at least for now. Even if a shutdown happens, FCC and industry officials said that work on the TV incentive auction is expected to proceed under a "mandatory spending" exception. And unlike 2013, industry may not have to feel the same pain from the complete loss of documents on the FCC’s website.

A proposal to loosen FCC foreign ownership rules and change the way transactions with foreign buyers are handled by other federal agencies is likely to find favor with industry and could get traction at the commission, said attorneys familiar with the FCC's foreign ownership process. Outlined by Commissioner Mike O'Rielly in a blog post last week, the proposal would increase the transparency of the review process for deals involving foreign-owned companies. Since part of that process involves review by the numerous federal agencies outside the FCC that make up "Team Telecom" (a working group of representatives from the departments of Justice, State, Defense and Homeland Security, among others), the commission and the parties to a transaction don't always know the status of deals involving foreign companies, O'Rielly said. Easing the process for foreign companies to do business here would lead to similar overtures for U.S. companies doing international business, he said.

The outage of many of the FCC’s most used online systems (see 1508200049) has inconvenienced the attorneys and licensees who use them but hasn’t created any serious problems, industry attorneys told us Wednesday. The additional two days of the outage (see 1509080051) added to the inconvenience. Lawyers said they weren’t surprised the IT upgrades hadn't quite proceeded as planned. “It’s like that with any IT thing, not just at the FCC," said Fletcher Heald broadcast attorney Dan Kirkpatrick.

The outage of many of the FCC’s most used online systems (see 1508200049) has inconvenienced the attorneys and licensees who use them but hasn’t created any serious problems, industry attorneys told us Wednesday. The additional two days of the outage (see 1509080051) added to the inconvenience. Lawyers said they weren’t surprised the IT upgrades hadn't quite proceeded as planned. “It’s like that with any IT thing, not just at the FCC," said Fletcher Heald broadcast attorney Dan Kirkpatrick.

The industry appeal of the latest FCC net neutrality order is taking on a much different character than Verizon’s challenge to the 2010 order on that topic. Industry observers said that can be both a good and a bad thing for opponents of the rules, approved in February by a sharply divided FCC. Several attorneys cited the same adage -- too many cooks can spoil the broth. But they also said many of the lawyers have long appellate experience, which also strengthens the appeal.

The industry appeal of the latest FCC net neutrality order is taking on a much different character than Verizon’s challenge to the 2010 order on that topic. Industry observers said that can be both a good and a bad thing for opponents of the rules, approved in February by a sharply divided FCC. Several attorneys cited the same adage -- too many cooks can spoil the broth. But they also said many of the lawyers have long appellate experience, which also strengthens the appeal.

The main industry brief on the net neutrality order alleges the FCC majority, under Chairman Tom Wheeler, made a political decision in February when it opted to impose enhanced net neutrality rules on industry and reclassify broadband as a common carrier service. The brief was filed Thursday at the U.S. Court of Appeals for the D.C. Circuit by some of the top players in communications, including USTelecom, CTIA, NCTA, AT&T and CenturyLink, though CTIA and AT&T only join the section on wireless. The American Cable Association and the Wireless ISP Association also joined the brief.

The main industry brief on the net neutrality order alleges the FCC majority, under Chairman Tom Wheeler, made a political decision in February when it opted to impose enhanced net neutrality rules on industry and reclassify broadband as a common carrier service. The brief was filed Thursday at the U.S. Court of Appeals for the D.C. Circuit by some of the top players in communications, including USTelecom, CTIA, NCTA, AT&T and CenturyLink, though CTIA and AT&T only join the section on wireless. The American Cable Association and the Wireless ISP Association also joined the brief.

The evolving conventional wisdom is that the U.S. Court of Appeals for the D.C. Circuit probably will hear the net neutrality appeal at the end of this year or in early 2016, industry lawyers said. But a January oral argument would mean a decision by the court several months later and little time for the current administration to address any problems the court might find with the order, including a potential remand.