Broadcast attorneys expect likely legal challenges against the FCC’s 2018 quadrennial review order will focus on two questions: Does the Communications Act allow the FCC to tighten regulations during the QR process? And do restrictions on shifting top-four network programming to low-power stations and multicast streams violate the Constitution?
The FCC didn't violate the nondelegation doctrine when it used the Universal Service Administrative Co. to calculate quarterly USF contribution factors and administer USF programs, a federal court ruled Thursday. In denying Consumers' Research's challenge of the FCC contribution factor (see 2306220062), the 11th Circuit U.S. Court of Appeals noted "all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power."
The FCC didn't violate the nondelegation doctrine when it used the Universal Service Administrative Co. to calculate quarterly USF contribution factors and administer USF programs, a federal court ruled Thursday. In denying Consumers' Research's challenge of the FCC contribution factor (see 2306220062), the 11th Circuit U.S. Court of Appeals noted "all USAC action is subordinate to the FCC, and the FCC retains ultimate decision-making power."
The U.S. Supreme Court might opt to avoid likely fights over the FCC's digital discrimination rules or proposed Title II net neutrality rules, Andrew Schwartzman, Benton Institute for Broadband & Society's senior counselor, told Communications Daily this month. In an extensive sit-down interview, Schwartzman spoke about his long career as a public interest advocate within telecommunications, evolution of that domain, and how the FCC's net neutrality regulatory push is not merely a repeat of the past. The following transcript of our conversation was edited for length and clarity.
FCC commissioners voted 3-2 Wednesday to adopt rules aimed at curbing digital discrimination (see 2310250070). The Infrastructure Investment and Jobs Act-mandated order takes steps to facilitate equal access to broadband and investigate instances of discrimination. The commission also adopted a Further NPRM seeking comment on additional measures the FCC can take to advance equal access.
FCC commissioners divided Thursday on a vote to reestablish net neutrality rules, during the agency's first open meeting with a full commission since Chairwoman Jessica Rosenworcel took the helm (see 2310130051). Commissioners Brendan Carr and Nathan Simington voted against an NPRM seeking comment on a proposal to return to 2015 rules that classified broadband as a Title II telecom service.
The U.S. Supreme Court’s 6-3 decision last week in the student loan case, Biden v. Nebraska, didn’t touch on communications law, but it delves deeper into the "major questions doctrine" laid out a year ago in West Virginia v. EPA (see 2206300066). Legal experts told us the opinion, by Chief Justice John Roberts, appears to further expand when the doctrine may apply and moves the court further away from the Chevron doctrine. The case also has implications for the most controversial items addressed by the FCC, including net neutrality, experts said.
The U.S. Supreme Court’s 6-3 decision last week in the student loan case, Biden v. Nebraska, didn’t touch on communications law, but it delves deeper into the "major questions doctrine" laid out a year ago in West Virginia v. EPA (see 2206300066). Legal experts told us the opinion, by Chief Justice John Roberts, appears to further expand when the doctrine may apply and moves the court further away from the Chevron doctrine. The case also has implications for the most controversial items addressed by the FCC, including net neutrality, experts said.
FCC nominee Anna Gomez likely faces a relatively easy road to confirmation after avoiding any real trouble during her Senate Commerce Committee confirmation hearing last week (see 2306220067), industry officials and others told us. Gomez was careful throughout the panel, never committing outright to voting for reclassification of broadband as a Communications Act Title II service, while also stressing the importance of FCC oversight. Some observers questioned whether the Senate would be able to confirm any Democrat to the fifth FCC seat if the Gomez nomination fails.
FCC Administrative Law Judge Jane Halprin terminated the Standard/Tegna hearing proceeding, said an order Thursday in docket 22-162. Tegna and Cox Media Group withdrew from the proceeding last week, and Tegna filed the formal withdrawal of its transfer applications Wednesday. Standard said it's ready to continue litigating the matter. “It is not in the public interest to expend the time and resources to continue this hearing as an academic exercise,” wrote Halprin. The proceeding "is therefore terminated,” said the order.