Judge David Tatel is expected to play a key role as the U.S. Court of Appeals for the D.C. Circuit hears the appeal of the FCC’s net neutrality order, experts said in interviews. How the court will rule and whether the case is ultimately headed to the Supreme Court is more difficult to predict, they said Wednesday.
An NAB petition to deny asking the FCC to freeze its review of Charter Communications' planned buys of Bright House Networks and Time Warner Cable until the agency completes the 2010 and 2014 quadrennial ownership reviews is intended to gain attention rather than a sincere attempt to block or slow the deals, industry critics said in interviews Tuesday. Approving huge pay-TV deals while not reviewing or eliminating the rules that prevent broadcasters from matching their scale is anticompetitive, NAB General Counsel Rick Kaplan said. NAB and others have challenged the FCC’s lack of action on the quadrennial review in an ongoing proceeding in the U.S. Court of Appeals for the D.C. Circuit. Though numerous industry officials agreed that the FCC has been ignoring the quadrennial review, NAB’s gambit is expected to get little to no notice from the agency, they said.
An NAB petition to deny asking the FCC to freeze its review of Charter Communications' planned buys of Bright House Networks and Time Warner Cable until the agency completes the 2010 and 2014 quadrennial ownership reviews is intended to gain attention rather than a sincere attempt to block or slow the deals, industry critics said in interviews Tuesday. Approving huge pay-TV deals while not reviewing or eliminating the rules that prevent broadcasters from matching their scale is anticompetitive, NAB General Counsel Rick Kaplan said. NAB and others have challenged the FCC’s lack of action on the quadrennial review in an ongoing proceeding in the U.S. Court of Appeals for the D.C. Circuit. Though numerous industry officials agreed that the FCC has been ignoring the quadrennial review, NAB’s gambit is expected to get little to no notice from the agency, they said.
Net neutrality sparked familiar divisions but also some projections and legal analysis from attorneys on a Digital Policy Institute webinar Wednesday. While the FCC’s order faces many court challenges, Andrew Schwartzman, Georgetown Institute for Public Representation senior counselor, said he believes judges will likely focus on the commission’s authority to reclassify broadband as a Title II telecom service under the Communications Act and accord the agency’s view deference. But Brent Skorup, a George Mason University telecom research fellow, and Stuart Brotman, a University of Tennessee electronic media professor, questioned FCC deference in this case. Skorup suggested the commission was vulnerable on First Amendment grounds, but Schwartzman was skeptical. The three speakers did agree Congress is unlikely to pass a legislative compromise for now.
Net neutrality sparked familiar divisions but also some projections and legal analysis from attorneys on a Digital Policy Institute webinar Wednesday. While the FCC’s order faces many court challenges, Andrew Schwartzman, Georgetown Institute for Public Representation senior counselor, said he believes judges will likely focus on the commission’s authority to reclassify broadband as a Title II telecom service under the Communications Act and accord the agency’s view deference. But Brent Skorup, a George Mason University telecom research fellow, and Stuart Brotman, a University of Tennessee electronic media professor, questioned FCC deference in this case. Skorup suggested the commission was vulnerable on First Amendment grounds, but Schwartzman was skeptical. The three speakers did agree Congress is unlikely to pass a legislative compromise for now.
Advocates for inmates and their families applauded an FCC draft to cap inmate calling service rates and restrict ancillary ICS fees, with some wishing the agency would further cut charges. But Global Tel*Link questioned the draft’s consistency with the record, and the National Sheriffs’ Association said proposals may not allow adequate compensation and could lead to service reductions.
Nearly half a year has gone by since Republicans introduced Congressional Review Act (CRA) resolutions of disapproval to kill the FCC’s February net neutrality order -- a long-shot measure that the White House would likely have vetoed. But neither chamber has taken up its resolution. Political observers now question whether the resolution could even advance as a message bill, despite what was intense initial GOP outrage over the FCC order.
Nearly half a year has gone by since Republicans introduced Congressional Review Act (CRA) resolutions of disapproval to kill the FCC’s February net neutrality order -- a long-shot measure that the White House would likely have vetoed. But neither chamber has taken up its resolution. Political observers now question whether the resolution could even advance as a message bill, despite what was intense initial GOP outrage over the FCC order.
The FCC, FTC, Department of Commerce and other federal agencies are preparing for a partial federal shutdown. It remains possible starting Thursday, though there are signs on Capitol Hill that Congress could avert a closure, at least for now. Even if a shutdown happens, FCC and industry officials said that work on the TV incentive auction is expected to proceed under a "mandatory spending" exception. And unlike 2013, industry may not have to feel the same pain from the complete loss of documents on the FCC’s website.
The FCC, FTC, Department of Commerce and other federal agencies are preparing for a partial federal shutdown. It remains possible starting Thursday, though there are signs on Capitol Hill that Congress could avert a closure, at least for now. Even if a shutdown happens, FCC and industry officials said that work on the TV incentive auction is expected to proceed under a "mandatory spending" exception. And unlike 2013, industry may not have to feel the same pain from the complete loss of documents on the FCC’s website.