Legal challenges to an FCC draft "internet freedom" order face a daunting task, said supporters of Chairman Ajit Pai's proposals, and one analyst agreed, but some net neutrality advocates are more hopeful of a challenge's prospects. Pai last week circulated a draft to undo Title II broadband classification and net neutrality regulation under the Communications Act, and is planning a Dec. 14 vote; fellow Republican commissioners are supportive, minority Democrats opposed (see 1711220026 and 1711210020).
FCC Chairman Ajit Pai appears poised to propose scrapping net neutrality regulation and broadband classification as a Communications Act Title II telecom service -- as long expected (see 1708310016) -- parties on both sides of the debate told us Friday. Pai is expected to circulate a draft order by Thanksgiving for a Dec. 14 vote that would return broadband to a less-regulated Title I information service classification. Some suggested the draft would also eschew Telecom Act Section 706 rulemaking authority, eliminate core open internet rules and pre-empt state broadband regulation.
FCC Chairman Ajit Pai appears poised to propose scrapping net neutrality regulation and broadband classification as a Communications Act Title II telecom service -- as long expected (see 1708310016) -- parties on both sides of the debate told us Friday. Pai is expected to circulate a draft order by Thanksgiving for a Dec. 14 vote that would return broadband to a less-regulated Title I information service classification. Some suggested the draft would also eschew Telecom Act Section 706 rulemaking authority, eliminate core open internet rules and pre-empt state broadband regulation.
The FCC is expected to eliminate or relax numerous media ownership rules Thursday on a party-line 3-2 vote, industry and agency officials told us. That's despite calls Wednesday by Democratic senators for the Inspector General (IG) to investigate Chairman Ajit Pai for a possible quid pro quo relationship with Sinclair Broadcast and for Pai to recuse himself from both the media ownership and ATSC 3.0 items (see 1711140053) since they would benefit Sinclair. The FCC’s impartiality in review of Sinclair buying Tribune “may be tainted,” said 12 senators, including Tom Udall, D-N.M., Elizabeth Warren, D-Mass., Maria Cantwell, D-Wash, Bernie Sanders, I-Vt., Richard Durbin, D-Ill., and Ed Markey, D-Mass.
The FCC is expected to eliminate or relax numerous media ownership rules Thursday on a party-line 3-2 vote, industry and agency officials told us. That's despite calls Wednesday by Democratic senators for the Inspector General (IG) to investigate Chairman Ajit Pai for a possible quid pro quo relationship with Sinclair Broadcast and for Pai to recuse himself from both the media ownership and ATSC 3.0 items (see 1711140053) since they would benefit Sinclair. The FCC’s impartiality in review of Sinclair buying Tribune “may be tainted,” said 12 senators, including Tom Udall, D-N.M., Elizabeth Warren, D-Mass., Maria Cantwell, D-Wash, Bernie Sanders, I-Vt., Richard Durbin, D-Ill., and Ed Markey, D-Mass.
That the FCC isn't seeking new comments ahead of the vote on its draft media ownership order on reconsideration is unlikely to present a problem in approving the rules or defending them in court, supporters and opponents of the proposed changes (see 1710260049) told us. The agency received public input on the original 2014 quadrennial review order and on the petition for reconsideration that's the basis for the draft recon order, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. The agency can make rules based on that record, said Schwartzman, who's involved in litigation against FCC ownership rules. Demonstrating a basis for the rule changes and that they represent a logical outgrowth from the original order and petition for recon likely will be part of the FCC’s defense against a very likely court challenge, said an official formerly in the Office of General Counsel.
Facing increased calls to respond to President Donald Trump's questioning whether NBC should continue to have a "license" in light of its alleged news bias (see 1710160011), Chairman Ajit Pai on Tuesday seemed to rebuff the presidential tweets (see 1710110075). "For years, I've said I believe in the First Amendment," Pai told a Mercatus Center at George Mason University event, saying legally, the FCC doesn't have the right to review a station license based on content. He said "fake news" issues haven't traditionally been in the agency's jurisdiction. Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, and other Democratic senators told us the comments didn't completely satisfy their concerns.
Apple should “step up to the plate” and activate FM chips in iPhones to promote public safety, FCC Chairman Ajit Pai said Thursday. Broadcasters have long sought activation. “Apple is the one major phone manufacturer that has resisted doing so,” Pai said, and he hopes "the company will reconsider its position, given the devastation wrought by Hurricanes Harvey, Irma, and Maria.”
Apple should “step up to the plate” and activate FM chips in iPhones to promote public safety, FCC Chairman Ajit Pai said Thursday. Broadcasters have long sought activation. “Apple is the one major phone manufacturer that has resisted doing so,” Pai said, and he hopes "the company will reconsider its position, given the devastation wrought by Hurricanes Harvey, Irma, and Maria.”
The FCC 2015 net neutrality and broadband reclassification order came under attack from critics asking the Supreme Court to review the decisions of the U.S. Court of Appeals for the D.C. Circuit upholding the order, as expected (see 1709280029). The American Cable Association, AT&T, Daniel Berninger, CenturyLink with USTelecom, CTIA and NCTA filed cert petitions challenging the commission's order and appealing D.C. Circuit affirmations. TechFreedom said it also expected to file Thursday, the deadline.