FCC Chairman Ajit Pai’s announcing ahead of DOJ his proposed approval of T-Mobile's buy of Sprint bucks some precedent under which the commission almost always announces second. It short-circuits the process and simplifies imposition of conditions on the transaction, said lawyers active in the proceeding. If Justice seeks conditions, it would have had to go to court to oppose the deal absent concessions by the companies. Pai's announcement was coordinated with DOJ, the lawyers said.
An executive of a smaller cable operator called broadband service a utility, speaking alongside the head of America’s Communications Association about the importance of such ISP services. Although neither cable ally favored a common-carrier regulatory approach to broadband service such as Communications Act Title II net neutrality, the two may have -- perhaps inadvertently -- given a talking point to Title II advocates. That's according to later comments from such net neutrality proponents.
An executive of a smaller cable operator called broadband service a utility, speaking alongside the head of America’s Communications Association about the importance of such ISP services. Although neither cable ally favored a common-carrier regulatory approach to broadband service such as Communications Act Title II net neutrality, the two may have -- perhaps inadvertently -- given a talking point to Title II advocates. That's according to later comments from such net neutrality proponents.
Sinclair will have a hard time buying TV stations until outstanding character questions affirmed in an FCC administrative law judge ruling Tuesday (see 1903050022) are resolved, said broadcast attorneys and media brokers in interviews. ALJ Jane Halprin dismissed the agency's Sinclair/Tribune hearing designation order but said the allegations against Sinclair “reasonably warrant a thorough examination,” and should be considered when Sinclair is seeking commission approval for a license transfer or renewal.
The U.S. Court of Appeals for the D.C. Circuit rejected FCC tribal Lifeline support limits and procedures Friday. The 2017 order was vacated and remanded for a new rulemaking in a potential win for wireless resellers like TracFone (see 1902010017). It's a clean win for the order's opponents and the biggest loss for Chairman Ajit Pai so far in court, lawyers said Friday. Others said the FCC likely won’t try a do-over on the order or pursue removal non-facilities-based providers in general from the program.
The U.S. Court of Appeals for the D.C. Circuit rejected FCC tribal Lifeline support limits and procedures Friday. The 2017 order was vacated and remanded for a new rulemaking in a potential win for wireless resellers like TracFone (see 1902010017). It's a clean win for the order's opponents and the biggest loss for Chairman Ajit Pai so far in court, lawyers said Friday. Others said the FCC likely won’t try a do-over on the order or pursue removal non-facilities-based providers in general from the program.
Federal judges pressed both sides on the FCC's net neutrality rollback case in oral argument (audio) at the U.S. Court of Appeals for the District of Columbia Circuit Friday. It ran almost four-and-a-half hours, almost twice what was scheduled, plus a break. All three judges questioned challenger contentions the FCC erred in reclassifying broadband internet access as a Communications Act Title I information service, particularly given Chevron deference to reasonable agency decisions on ambiguous statutes, including 2005 Brand X affirmation of Title I cable modem service. Two judges questioned FCC decisions, including to scrap net neutrality rules -- particularly for public safety operations -- pre-empt state and local governments, and use Section 257 authority for transparency rules.
Federal judges pressed both sides on the FCC's net neutrality rollback case in oral argument (audio) at the U.S. Court of Appeals for the District of Columbia Circuit Friday. It ran almost four-and-a-half hours, almost twice what was scheduled, plus a break. All three judges questioned challenger contentions the FCC erred in reclassifying broadband internet access as a Communications Act Title I information service, particularly given Chevron deference to reasonable agency decisions on ambiguous statutes, including 2005 Brand X affirmation of Title I cable modem service. Two judges questioned FCC decisions, including to scrap net neutrality rules -- particularly for public safety operations -- pre-empt state and local governments, and use Section 257 authority for transparency rules.
The FCC asked the 3rd U.S. Circuit Court of Appeals to pause the briefing schedule on the 2014 quadrennial review order. With the shutdown to end soon, it wasn’t clear Friday how the court will respond. President Donald Trump reached a deal on a continuing resolution to reopen shuttered parts of the government through Feb. 15, which Congress was expected to have approved as soon as Friday night (see 1901240016). “Out of an abundance of caution, the Commission respectfully requests that the Court stay the briefing schedule until appropriations have been restored by Congress to the FCC" and DOJ, said an unopposed motion Thursday (in Pacer). The FCC’s respondent’s brief is due Feb. 14. The agency had asked that the schedule be resumed when federal funding does, and the 3rd Circuit then grant extension. Now, it's not clear if the court will grant the stay or extension, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. If extension is granted, it would likely cause the other briefing dates in the case to be pushed back, Schwartzman told us.
Votes planned for a Jan. 30 FCC meeting are at risk as the partial government shutdown drags on with no end in sight, agency observers said. Even if lawmakers jump-start negotiations and reopen FCC offices before Jan. 30, time is slipping away for deliberations and votes by officials who would be scrambling to play catch-up and address backlogs. Another complication is the looming addition of Commissioner Geoffrey Starks, who hasn't been sworn in despite being confirmed (see 901170036).