President Donald Trump plans to nominate Jessica Rosenworcel to again be an FCC member, as expected (see our May 26 report), the White House said just before midnight last night. It noted that she was a commissioner from 2012 until January.
A judicial administrative stay issued against FCC restoration of the UHF discount (see 1706010081) will keep the rule from coming back into effect on its planned June 5 effective date. It doesn’t indicate much about how the case will play out, attorneys said in interviews Friday. The stay is intended to give the U.S. Court of Appeals for the D.C. Circuit enough time to consider the emergency request for stay filed by several public interest groups, “and should not be construed in any way as a ruling on the merits of that motion,” said the order (in Pacer) issued Thursday evening. Since courts are able to reject outright emergency requests for stay, it should be mildly encouraging for public interest petitioners Free Press, Common Cause, Prometheus Radio Project and the others that the court asked the FCC for a response and set aside more time to consider the matter, said Fletcher Heald appellate lawyer Harry Cole.
FCC Chairman Ajit Pai made more than 40 media appearances in the three weeks before a party-line FCC vote OK'd an NPRM proposing to roll back Title II broadband regulation under the Communications Act (see 1705180029). Supporters said the aggressive outreach was politically savvy in the highly charged atmosphere. Ex-FCC Democrats saw nothing wrong, but net neutrality advocates said the appearances, including with numerous conservative voices, betray weakness and concern about rallying support amid opposition.
FCC Chairman Ajit Pai made more than 40 media appearances in the three weeks before a party-line FCC vote OK'd an NPRM proposing to roll back Title II broadband regulation under the Communications Act (see 1705180029). Supporters said the aggressive outreach was politically savvy in the highly charged atmosphere. Ex-FCC Democrats saw nothing wrong, but net neutrality advocates said the appearances, including with numerous conservative voices, betray weakness and concern about rallying support amid opposition.
The 11-year span between the Multicultural Media, Telecom and Internet Council’s filing of a petition on multilingual emergency alert system messages and the FCC denying that petition was a major focus of a three-judge panel at the U.S. Court of Appeals for the D.C. Circuit Thursday. Judge Patricia Millett called the delay "dramatic” and the wait was the subject of several questions by Judge Brett Kavanaugh, who said the commission was “moving slowly.”
The Multicultural Media, Telecom and Internet Council will take on the FCC over multilingual emergency alert system (EAS) messages in oral argument before the U.S. Court of Appeals for the D.C. Circuit Thursday, where the MMTC is seen as unlikely to prevail, several attorneys told us. It's the latest salvo in a 12-year effort (see 1604060068) to get the FCC to require broadcasters to issue multilingual emergency alerts, originally inspired by the dearth of emergency information in Spanish after Hurricane Katrina. In 2016, the FCC updated the EAS system and denied MMTC’s requests in an order that required broadcasters to report on their efforts to send out multilingual EAS messages but not actually make such efforts.
Now that the U.S. Court of Appeals for the D.C. Circuit won't hear en banc review of FCC net neutrality regulation (see 1705010038), focus shifts to the Supreme Court. Conventional wisdom is justices are unlikely to grant cert to hear an appeal, especially since the FCC is pursuing a do-over. Some opponents of the order think conventional wisdom could be wrong. Industry parties that sought en banc D.C. Circuit review didn't comment, including USTelecom, CTIA, AT&T, CenturyLink, NCTA, American Cable Association and Alamo Broadband.
Now that the U.S. Court of Appeals for the D.C. Circuit won't hear en banc review of FCC net neutrality regulation (see 1705010038), focus shifts to the Supreme Court. Conventional wisdom is justices are unlikely to grant cert to hear an appeal, especially since the FCC is pursuing a do-over. Some opponents of the order think conventional wisdom could be wrong. Industry parties that sought en banc D.C. Circuit review didn't comment, including USTelecom, CTIA, AT&T, CenturyLink, NCTA, American Cable Association and Alamo Broadband.
A court denial of further challenges to the FCC 2015 net neutrality order was decided 6-2 by the active judges of the U.S. Court of Appeals for the D.C. Circuit (see 1705010013). The six judges voted Monday to deny petitions for en banc rehearing of a June ruling by a three-judge panel that upheld the FCC order, which also reclassified broadband to be under Title II of the Communications Act. Two judges dissented and three others didn't participate in the ruling in USTelecom v. FCC, No. 15-1063.
A court denial of further challenges to the FCC 2015 net neutrality order was decided 6-2 by the active judges of the U.S. Court of Appeals for the D.C. Circuit (see 1705010013). The six judges voted Monday to deny petitions for en banc rehearing of a June ruling by a three-judge panel that upheld the FCC order, which also reclassified broadband to be under Title II of the Communications Act. Two judges dissented and three others didn't participate in the ruling in USTelecom v. FCC, No. 15-1063.