The 9th U.S. Circuit Court of Appeals may be asked to transfer net neutrality litigation to the D.C. Circuit, observers told us Friday. Parties to the case aren't saying what they'll do; some cautioned against speculation; and others questioned whether it would make that much difference to the outcome. But several agreed with previous suggestions the 9th Circuit generally is slower than the D.C. Circuit in deciding cases. The FCC declined to comment.
Senate Minority Leader Chuck Schumer, D-N.Y., picked FCC Enforcement Bureau Assistant Chief Geoffrey Starks as his recommended candidate to replace Commissioner Mignon Clyburn upon her expected departure from the commission, multiple sources familiar with the situation told us. Schumer's office didn't comment Friday, but he may publicly recommend Starks for Clyburn's seat in the near future, two communications sector lobbyists said. Schumer's decision came a month after Senate Commerce Committee ranking member Bill Nelson, D-Fla., publicly backed John Branscome, committee chief Democratic telecom counsel, to succeed Clyburn (see 1802070047).
Senate Minority Leader Chuck Schumer, D-N.Y., picked FCC Enforcement Bureau Assistant Chief Geoffrey Starks as his recommended candidate to replace Commissioner Mignon Clyburn upon her expected departure from the commission, multiple sources familiar with the situation told us. Schumer's office didn't comment Friday, but he may publicly recommend Starks for Clyburn's seat in the near future, two communications sector lobbyists said. Schumer's decision came a month after Senate Commerce Committee ranking member Bill Nelson, D-Fla., publicly backed John Branscome, committee chief Democratic telecom counsel, to succeed Clyburn (see 1802070047).
Any requests for a stay of the FCC net neutrality repeal are complicated in the near term by the considerable delay in its effective date, parties and observers told us. The "internet freedom" order undoing net neutrality regulation won't take effect until the Office of Management and Budget approves the commission's modified ISP transparency (disclosure) rules under the Paperwork Reduction Act, a process that is expected to take at least a few months. A stay movant would have to show there's some likelihood of immediate irreparable harm and success on the case's merits, among other factors.
Any requests for a stay of the FCC net neutrality repeal are complicated in the near term by the considerable delay in its effective date, parties and observers told us. The "internet freedom" order undoing net neutrality regulation won't take effect until the Office of Management and Budget approves the commission's modified ISP transparency (disclosure) rules under the Paperwork Reduction Act, a process that is expected to take at least a few months. A stay movant would have to show there's some likelihood of immediate irreparable harm and success on the case's merits, among other factors.
Congress was on the path Monday toward ending a three-day government shutdown, which already had widely varying impacts on communications-policy agencies. Senators voted 81-18 at our deadline to pass a continuing resolution that would fund the federal government through Feb. 8, after a bipartisan group of negotiators worked out a deal to debate immigration legislation. The shutdown began at midnight Friday after Senate Democrats voted overwhelmingly against cloture on a slightly longer CR amid disagreements with Republican leaders on immigration and other issues (see 1801190055). The House was also set to vote on the shortened CR later Monday.
Congress was on the path Monday toward ending a three-day government shutdown, which already had widely varying impacts on communications-policy agencies. Senators voted 81-18 at our deadline to pass a continuing resolution that would fund the federal government through Feb. 8, after a bipartisan group of negotiators worked out a deal to debate immigration legislation. The shutdown began at midnight Friday after Senate Democrats voted overwhelmingly against cloture on a slightly longer CR amid disagreements with Republican leaders on immigration and other issues (see 1801190055). The House was also set to vote on the shortened CR later Monday.
The FCC will tackle the 2018 quadrennial review of ownership regulations this year, and the item is expected to take up matters left over from the recent order on reconsideration (see 1711160054), industry and FCC officials told us. The remaining top-four network rule, AM/FM subcaps, disclosure of shared service agreements, and rules barring tri-opolies and the dual network rule could all be on the table, said industry and FCC officials. The quad review also could be used to respond to any issues over judicial review of the recon order, published in the Federal Register Monday (see 1801050049. “They may want to wait and see what happens in the courts,” said Georgetown University Institute for Public Relations Senior Counselor Andrew Schwartzman, who's involved in the ongoing appeal of the 2014 and 2010 quadrennial reviews in the 3rd U.S. Circuit Court of Appeals. With so many ownership rules already rolled back under the recon order, the 2018 quadrennial review could be “anticlimactic,” said Pillsbury Winthrop broadcast attorney Scott Flick.
FCC Commissioner Mignon Clyburn is expected to leave before the end of February, with an announcement possible after Clyburn goes to Las Vegas for CES this week, informed people said. If Clyburn leaves, Republicans would have a 3-1 majority on the commission, with Jessica Rosenworcel the remaining Democrat.
The FCC's net neutrality deregulation ruling and orders closely track expectations, while clarifying the agency's view on the timetable for looming court challenges, according to our initial review of the 539-page item released Thursday evening (see 1801040059). The final "internet freedom" declaratory ruling, report and order, and order text appears mostly the same as a draft (see 1711220026). Several changes -- on transparency decisions and the item's effective date -- were announced when commissioners voted 3-2 along party lines Dec. 14 to scrap Communications Act Title II broadband classification and net neutrality rules (see 1712140039). Tech heavyweights said they will join the inevitable court challenge to the regulations.