The legislative campaign against the FCC net neutrality order crumbled Thursday on Capitol Hill, as Senate Democrats rejected Republicans’ Congressional Review Act joint resolution of disapproval. The Senate voted 46-52 on a motion to proceed to SJ Res 6, with no Democrats voting for the joint resolution of disapproval. That means a vote won’t be held on SJ Res 6 itself. The FCC order takes effect Nov. 20. “The only thing [Republicans] can do at this point is allow the courts to handle” the issue, a House aide said.

The legislative campaign against the FCC net neutrality order crumbled Thursday on Capitol Hill, as Senate Democrats rejected Republicans’ Congressional Review Act joint resolution of disapproval. The Senate voted 46-52 on a motion to proceed to SJ Res 6, with no Democrats voting for the joint resolution of disapproval. That means a vote won’t be held on SJ Res 6 itself. The FCC order takes effect Nov. 20. “The only thing [Republicans] can do at this point is allow the courts to handle” the issue, a House aide said.

The FCC is looking to revive some media ownership rules approved during Kevin Martin’s chairmanship, while ending a bar on one company holding radio and TV stations in the same market. A rulemaking notice that circulated Friday afternoon for the quadrennial review (CD Nov 7 p19) proposes to reinstate some cross-ownership rules approved 3-2 in 2007.

The special master overseeing discovery on the various court challenges to AT&T/T-Mobile ordered Sprint Nextel to give AT&T various internal documents it has requested by Nov. 21. AT&T filed a subpoena for the Sprint documents Sept. 26. Last month, Special Master Richard Levie noted in the order, AT&T narrowed its document request to those necessary to refresh the record in the case. In a filing with the U.S. District Court in Washington last week, AT&T listed 47 continuing areas of interest, including whether Sprint has plans for a “business combination” with T-Mobile if the AT&T/T-Mobile deal is blocked in federal court.

An unusual appeal of an FCC Media Bureau order gets a rare hearing Wednesday at the 2nd U.S. Circuit Court of Appeals. Cablevision and cable programmer Madison Square Garden Holdings appealed last month a pair of bureau orders against the companies and in favor of the two biggest telcos, rather than waiting for the full commission to act. Even rarer, said media lawyers not part of the case, is the New York court’s agreement to hear oral argument on the request for the 2nd Circuit to stay the bureau’s rulings (CD Sept 23 p5). The rulings gave AT&T and Verizon access to HD feeds of two regional sports channels owned by MSG, which used to be part of Cablevision.

Judge Ellen Huvelle will allow Sprint Nextel and C Spire to pursue part of their claims against AT&T/T-Mobile, rejecting most claims but allowing two to proceed, in a complicated, 44-page decision handed down Wednesday night. AT&T, Sprint and C Spire all portrayed the decision as a win, as the Department of Justice’s case against the deal moves forward.

Judge Ellen Huvelle will allow Sprint Nextel and C Spire to pursue part of their claims against AT&T/T-Mobile, rejecting most claims but allowing two to proceed, in a complicated, 44-page decision handed down Wednesday night. AT&T, Sprint and C Spire all portrayed the decision as a win, as the Department of Justice’s case against the deal moves forward.

The House Communications Subcommittee plans to vote Nov. 16 on FCC process reform legislation, and won’t take up spectrum until after Thanksgiving at the earliest, Chairman Greg Walden, R-Ore., said at a press conference Wednesday. As expected (CD Nov 2 p8), Walden and Sen. Dean Heller, R-Nev., introduced two reform bills Wednesday in each the House and Senate. One FCC reform bill includes broad process changes first proposed in Walden’s draft bill from earlier this summer. A second bill would reduce the number and consolidate many of the reports the FCC is required to send to Congress.

Janet Jackson’s “wardrobe stunt” at the 2004 Super Bowl still isn’t indecent, the 3rd U.S. Circuit Court of Appeals in Philadelphia again ruled on CBS v. FCC. It was a 2-1 ruling touching on matters other than the First Amendment. Free speech still is expected to be front and center during oral argument at the Supreme Court later this year or early next on indecency cases involving two other broadcast networks, and Wednesday’s ruling isn’t expected to change that or affect the U.S.’s case against Disney’s ABC and News Corp’s Fox, industry lawyers said. The high court had sent back to the 3rd Circuit its earlier reversal of the $550,000 fine to CBS for showing for 9/16 of a second Jackson’s bare right breast (CD July 22/08 p1) because of the justices’ ruling on administrative law grounds on the Fox case.

FCC Wireless Bureau Chief Rick Kaplan asked AT&T for more documents on whether AT&T’s buy of T-Mobile would mean a net gain of jobs in the U.S. Kaplan said in a letter dated Thursday, that the bureau asked the question in a May 27 information request. “AT&T to date has produced almost nothing in response,” Kaplan wrote (http://xrl.us/bmf3ot).