Some Congressional Black Caucus leaders urged President Joe Biden to nominate DLA Piper’s Smitty Smith as FCC chairman, amid lawmakers' amplified calls for the administration to name people of color as commissioners. Lawmakers and others told us there’s uncertainty about Biden’s timeline for selecting a nominee to cement a Democratic FCC majority, seen as necessary to make changes to net neutrality rules and other potentially controversial matters, given the current 2-2 split (see 2101060055).

NAB President-CEO Gordon Smith will step down at the end of 2021 and be replaced by current NAB Chief Operating Officer Curtis LeGeyt, the group announced Wednesday. Broadcasters and broadcast attorneys told us LeGeyt is seen as having extensive contacts among Capitol Hill Democrats.

NAB President-CEO Gordon Smith will step down at the end of 2021 and be replaced by current NAB Chief Operating Officer Curtis LeGeyt, the group announced Wednesday. Broadcasters and broadcast attorneys told us LeGeyt is seen as having extensive contacts among Capitol Hill Democrats.

A unanimous Supreme Court Thursday upheld on process grounds the previous FCC’s relaxation of several broadcast ownership rules (see 2101190070). This makes it unlikely that future challenges to quadrennial reviews will end up before the same panel of 3rd U.S Circuit Court of Appeals judges that has consistently ruled against QR orders for nearly two decades, experts noted in interviews. “The FCC’s decision to repeal or modify the three ownership rules was not arbitrary and capricious for purposes” of the Administrative Procedure Act, said the majority opinion by Justice Brett Kavanaugh. “We reverse the judgment of the" 3rd Circuit.

Acting FCC Chairwoman Jessica Rosenworcel is making moves that suggest she has high hopes of being named permanent chief. They include her plans for a top-to-bottom review of items before the agency and appointment of a press secretary. Rosenworcel replied to congressional letters sent to her and had an international telecom discussion. Her agenda focused on moving forward on items begun under then-Chairman Ajit Pai and acting to implement congressional broadband relief.

Congress, not courts, should decide net neutrality, said a federal judge Tuesday, ruling from the bench denying ISPs a preliminary injunction against California’s law (see our bulletin). “I don't find that the plaintiffs have demonstrated a likelihood of success on the merits at this stage of the litigation,” said Judge John Mendez on the motion by ACA Connects, CTIA, NCTA and USTelecom in case 2:18-cv-02684. This paves the way for the law to take effect, cheering fans of using Communications Act Title II to regulate broadband service, while industry plaintiffs agreed with the judge that Congress must step in.

The Supreme Court narrowly focused on questions of administrative law rather than diversity, judicial deference or legal jurisdiction during Tuesday’s oral argument for FCC and NAB appeals of the 3rd U.S. Circuit Court of Appeals’ Prometheus IV decision. Broadcast and public interest attorneys were split about what that might portend.

Democrats’ apparent victories in runoffs for Georgia’s Senate seats likely smooth the way for the party to gain a majority on the FCC later this year and take Democrats' preferred course of action on net neutrality and other top-tier matters, officials and lobbyists said in interviews. The leads in both the two contests, if they hold, would leave the Senate split 50-50. Democrats would gain a majority after Jan. 20 with Vice President-elect Kamala Harris breaking ties. The FCC will be tied 2-2 once Chairman Ajit Pai leaves, raising questions about what the commission can get done before the Senate confirms President-elect Joe Biden’s eventual nominee to a third Democratic seat (see 2012090063).

Democrats’ apparent victories in runoffs for Georgia’s Senate seats likely smooth the way for the party to gain a majority on the FCC later this year and take Democrats' preferred course of action on net neutrality and other top-tier matters, officials and lobbyists said in interviews. The leads in both the two contests, if they hold, would leave the Senate split 50-50. Democrats would gain a majority after Jan. 20 with Vice President-elect Kamala Harris breaking ties. The FCC will be tied 2-2 once Chairman Ajit Pai leaves, raising questions about what the commission can get done before the Senate confirms President-elect Joe Biden’s eventual nominee to a third Democratic seat (see 2012090063).

Fox isn't getting its requested permanent waiver of the newspaper/broadcast cross-ownership rule (see 2010060032) that some critics feared the media company would receive in the waning days of the Trump administration. Instead, it got a temporary waiver to continue cross-ownership of WWOR-TV Secaucus, New Jersey, and the New York Post. The FCC Media Bureau order was issued late Friday afternoon (see 2012180069).