If Hillary Clinton is elected president in November, her likely choice for FCC chairman is almost as hard to predict as who Republican Donald Trump would pick (see 1603070038), former FCC officials and industry analysts and lawyers said. Trump doesn’t have experience in Washington, but Clinton and her husband, former President Bill Clinton, know a lot of people in the industry, which also makes an eventual chairman selection hard to handicap, industry officials said.
If Hillary Clinton is elected president in November, her likely choice for FCC chairman is almost as hard to predict as who Republican Donald Trump would pick (see 1603070038), former FCC officials and industry analysts and lawyers said. Trump doesn’t have experience in Washington, but Clinton and her husband, former President Bill Clinton, know a lot of people in the industry, which also makes an eventual chairman selection hard to handicap, industry officials said.
The FCC released its media ownership order Thursday. As expected, the order approved Aug. 10 on a party line 3-2 vote (see 1608110058) resolves the 2010 and 2014 quadrennial reviews, leaves most existing ownership rules in place and restores joint sales agreement rules that were knocked down by the 3rd U.S Circuit Court of Appeals. “The record in this proceeding leads us to conclude that retaining the existing rules is the best way to promote our policy goals in local markets at this time,” the FCC said. A court challenge is likely by all sides, both allies of media deregulation and its foes said in interviews.
A federal court rejected an FCC request to hold up inmate calling service litigation after the commission Aug. 4 approved an order to increase ICS rate caps currently under judicial review (see 1608110020 and 1608040037). The U.S. Court of Appeals for the D.C. Circuit also revised the remaining briefing schedule in an order Friday by Judges Karen LeCraft Henderson and Cornelia Pillard, a motion panel in the case (Global Tel*Link v. FCC, No. 15-1461). ICS provider, state and sheriff petitioners challenging the commission's previous ICS orders filed their opening briefs earlier this summer (see 1606070030). Response briefs are now due from the FCC and DOJ Sept. 12, and from Network Communications International and other intervenors supporting the FCC Sept. 29. Reply briefs from petitioners and supporting intervenors are due Oct. 31. The parties were directed to file motions governing further proceedings within seven days of the deadline for challenging the FCC's Aug. 4 order. "I expect new petitions for review, new stay motions and new briefs. I imagine the new cases will catch up to the old ones," emailed Andrew Schwartzman, Georgetown Law Institute for Public Representation senior counselor, who represents intervenors supporting the FCC. GlobalTel*Link already said it intends to challenge the Aug. 4 order. “GTL applauds the action of the court, which offers all parties the shortest timeline to resolve the central issues of this proceeding -- rates below costs and whether the FCC has jurisdiction to control security policy in state, county and municipal corrections facilities,” emailed a GTL spokesman. “After years of discussion and debate, GTL looks forward to the definitive resolution of these questions and the end of uncertainty in the market.” The FCC didn't comment.
A federal court asked the FCC, DOJ and allies to respond by Sept. 12 to appeals of a panel decision that upheld net neutrality and broadband reclassification. The agencies have a 30-page limit for their response and supporting intervenors 15 pages, said the order (in Pacer) Wednesday by the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063 and consolidated cases). Absent further order, the D.C. Circuit said it won't accept replies. Alamo Broadband, AT&T, CTIA, NCTA, the American Cable Association, USTelecom, CenturyLink and Tech Freedom and other intervenors filed petitions for the D.C. Circuit to rehear the case (see 1607290052).
A federal court asked the FCC, DOJ and allies to respond by Sept. 12 to appeals of a panel decision that upheld net neutrality and broadband reclassification. The agencies have a 30-page limit for their response and supporting intervenors 15 pages, said the order (in Pacer) Wednesday by the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063 and consolidated cases). Absent further order, the D.C. Circuit said it won't accept replies. Alamo Broadband, AT&T, CTIA, NCTA, the American Cable Association, USTelecom, CenturyLink and Tech Freedom and other intervenors filed petitions for the D.C. Circuit to rehear the case (see 1607290052).
Prospects look bleak if the FCC appeals a municipal broadband setback, many attorneys told us, several citing DOJ's decision not to join the commission's brief. A three-judge panel of the 6th U.S. Circuit Court of Appeals Wednesday reversed an FCC order that pre-empted two state laws blocking municipal broadband providers from expanding into nearby communities (State of Tennessee, State of North Carolina v. FCC, Nos. 15-3291/3555). One judge partially dissented but largely agreed with the majority (see 1608100049). FCC Chairman Tom Wheeler said Wednesday the agency was reviewing its options and a spokesman had no further comment Thursday.
Prospects look bleak if the FCC appeals a municipal broadband setback, many attorneys told us, several citing DOJ's decision not to join the commission's brief. A three-judge panel of the 6th U.S. Circuit Court of Appeals Wednesday reversed an FCC order that pre-empted two state laws blocking municipal broadband providers from expanding into nearby communities (State of Tennessee, State of North Carolina v. FCC, Nos. 15-3291/3555). One judge partially dissented but largely agreed with the majority (see 1608100049). FCC Chairman Tom Wheeler said Wednesday the agency was reviewing its options and a spokesman had no further comment Thursday.
The FCC voted 3-2 along party lines to approve a media ownership order Wednesday that, as expected (see 1608080051), largely resembles its 2014 NPRM, industry and agency officials told us. An spokesman confirmed the item had been voted, but details of the voting breakdown and the text of the order weren't released. FCC and industry officials told us the item was approved by all three Democratic commissioners and opposed by both Republicans, and keeps most ownership rules in place and resurrects joint sales agreement (JSA) ownership attribution rules that were vacated by the 3rd U.S. Circuit Court of Appeals.
Some eighth-floor Democrats may be open to a compromise on media ownership that would change or eliminate newspaper cross-ownership rules, and discussion of changing the draft media ownership order to reflect that means it's unlikely the order will be released Wednesday on its must-vote deadline, former FCC officials told us. The deadline was triggered by the item having received votes from all three Democratic commissioners two weeks ago, but lifting newspaper cross-ownership would be a change from the version of the item that was voted, and Chairman Tom Wheeler is expected to extend the deadline, the officials said. Rolling back newspaper/cross-ownership could pave the way for a partial approval of the media ownership order by all five commissioners, which Wheeler's office would prefer, the former FCC officials told us. An FCC spokesperson declined comment.