FCC critics face an uphill battle to convince a federal court to rehear and overturn a ruling upholding the FCC's net neutrality and broadband reclassification order, some knowledgeable sources told us Thursday. Various parties who originally challenged the order are expected to file petitions Friday for rehearing the 2-1 decision at the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063), they said. Even commission critics say the odds are against the D.C. Circuit granting rehearing, but some suggested the appellate court proceeding might improve the prospects for Supreme Court review, including on the question of Chevron deference to the agency.
FCC critics face an uphill battle to convince a federal court to rehear and overturn a ruling upholding the FCC's net neutrality and broadband reclassification order, some knowledgeable sources told us Thursday. Various parties who originally challenged the order are expected to file petitions Friday for rehearing the 2-1 decision at the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063), they said. Even commission critics say the odds are against the D.C. Circuit granting rehearing, but some suggested the appellate court proceeding might improve the prospects for Supreme Court review, including on the question of Chevron deference to the agency.
Public interest groups support the FCC plan to leave media ownership rules largely intact but are “disappointed” in the FCC's failure to study broadcast ownership diversity, said a joint filing Monday by groups including the American Civil Liberties Union, Free Press, Common Cause, the National Hispanic Media Coalition, Asian Americans Advancing Justice and the United Church of Christ Communications Office (UCC). The public interest advocates and NAB are battling via ex parte filings over proposed changes to the newspaper/broadcast ownership rule, though a majority of commissioners already voted on the draft quadrennial review order and the final order is expected to be released by next week (see 1607140069). “Eliminating the newspaper broadcast rule will aid neither small broadcasters or newspapers, nor such outlets owned by women and people of color,” said the public interest groups' filing. “Retaining a rule that deters investment by broadcasters in the struggling print newspaper industry certainly cannot serve the public interest,” NAB said in a filing Tuesday.
The FCC asked a court to suspend review of an inmate calling service case while the commission considers a draft order that would raise ICS rate caps that are being challenged in the litigation. The order "would meaningfully increase the rate caps challenged by the petitioners here, thus mooting or substantially altering the scope of issues central to this litigation," said a motion (in Pacer) from the FCC and DOJ to hold the case in abeyance. It was filed Wednesday at the U.S. Court of Appeals for the D.C. Circuit (Global Tel*Link, et al. v. FCC, No. 15-1461 and consolidated cases). Petitioner Telmate and intervenors supporting the FCC consented, but other petitioners are expected to file responses or oppositions, the motion said.
FCC General Counsel Jon Sallet, widely seen as a key deputy to Chairman Tom Wheeler, is leaving the agency for DOJ, to be replaced by Howard Symons, Incentive Auction Task Force vice chairman. Sallet had a hand in most major policy calls under Wheeler, starting with last year’s net neutrality rules, recently upheld the U.S. Court of Appeals for the D.C. Circuit, industry observers said. A former FCC legal adviser said Sallet was “instrumental in every key decision the chairman made.”
Nexstar's planned $4.6 billion buy of Media General is on hold until the completion of the TV incentive auction, industry lawyers said in interviews Tuesday. With the auction likely proceeding to at least a second stage, it’s likely Nexstar will push the FCC to approve a waiver request (see 1606130052) that would allow the deal to be approved before the end of the auction, broadcast attorneys said. It's unclear whether the FCC would be amenable to such a request, these attorneys said. Nexstar and the agency declined to comment.
FCC General Counsel Jon Sallet, widely seen as a key deputy to Chairman Tom Wheeler, is leaving the agency for DOJ, to be replaced by Howard Symons, Incentive Auction Task Force vice chairman. Sallet had a hand in most major policy calls under Wheeler, starting with last year’s net neutrality rules, recently upheld the U.S. Court of Appeals for the D.C. Circuit, industry observers said. A former FCC legal adviser said Sallet was “instrumental in every key decision the chairman made.”
Public interest and consumer advocates seem to be firmly welcoming Hillary Clinton’s Democratic presidential bid, unfazed by past perception that she’s close with Wall Street and big business. Unlike her presumptive GOP opponent Donald Trump, she has released a tech and telecom agenda that largely heartened progressive consumer advocates, and over the past year got support from industry in the form of donations and endorsements.
Public interest and consumer advocates seem to be firmly welcoming Hillary Clinton’s Democratic presidential bid, unfazed by past perception that she’s close with Wall Street and big business. Unlike her presumptive GOP opponent Donald Trump, she has released a tech and telecom agenda that largely heartened progressive consumer advocates, and over the past year got support from industry in the form of donations and endorsements.
Opinions vary on whether a new Supreme Court ruling will affect the net neutrality case and the deference courts show regulatory agencies. Justices vacated and remanded Monday a decision of the 9th U.S. Circuit Court of Appeals that had deferred to the Department of Labor on regulation under the Fair Labor Standards Act dealing with overtime pay, which was challenged by an automotive dealership (Encino Motorcars, LLC v. Navarro et al., No. 15-415). The high court found the 9th Circuit hadn't adequately required the department to justify a change in policy, particularly in light of the dealership's "significant reliance interests" on the previous policy. Telcos and cable providers also argued FCC didn't adequately justify its policy change and account for their reliance interests in reclassifying broadband from Title I to a Title II telecom service under the Communications Act.