When FCC Chairman Ajit Pai axed numerous bureau inquiries and actions earlier this month without prior notice or explanation (see 1702030058 and 1702030070), he was well within his rights under the Administrative Procedures Act, APA and communications law experts tell us. Ending inquiries into issues like zero rating effectively signals taking a different enforcement direction without having to go through a process of eliminating those rules -- an approach numerous agencies under the Trump administration likely will take, some said.
The FCC Enforcement Bureau is no longer allowed to settle enforcement actions begun by the full commission without a vote of all members, Chairman Ajit Pai said in a statement Wednesday on his latest change to processes. Pai has announced a process modification each day this week (see 1702070072 and 1702060062). Meanwhile, the other Republican commissioner asked the agency to be more consistent with deadlines, holding all to them after a general amnesty period except for when waivers are granted. And AT&T slammed past FCC enforcement measures.
The FCC Enforcement Bureau is no longer allowed to settle enforcement actions begun by the full commission without a vote of all members, Chairman Ajit Pai said in a statement Wednesday on his latest change to processes. Pai has announced a process modification each day this week (see 1702070072 and 1702060062). Meanwhile, the other Republican commissioner asked the agency to be more consistent with deadlines, holding all to them after a general amnesty period except for when waivers are granted. And AT&T slammed past FCC enforcement measures.
The GOP-run FCC said it won't defend inmate calling service intrastate rate caps that the previous Democratic majority instituted, but will continue to defend most other parts of a recent ICS order being challenged in court. It said it would cede some time at Monday's oral argument to an inmate family advocate to defend all aspects of the order.
House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.
House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.
House Commerce Committee Republicans told the FCC to shut down its set-top box proceeding Wednesday, in a letter to new Chairman Ajit Pai. “Sounds good to me!” Commissioner Mike O’Rielly quickly agreed on Twitter. “Time to move past this discredited proposal.” Closing the proceeding would require a vote by the full commission, longtime communications attorney and Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman told us.
Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”
Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”
Political shadows and fog are obscuring the view of what DOJ priorities are in its review of AT&T's proposed buy of Time Warner, with no clear consensus among experts we talked to, due largely to uncertainty about the approach of the incoming Trump administration. "It's very difficult to know what to expect" since the Trump transition team hasn't named key DOJ personnel, such as head of the Antitrust Division, ITTA President Genny Morelli said. Justice, the Trump transition team and AT&T didn't comment.