Last month’s appeals court decision striking down a National Labor Relations Board requirement that employers post a notification of collective bargaining rights shouldn’t help Verizon in its net neutrality challenge, the FCC told the U.S. Court of Appeals for the D.C. Circuit in a letter filed Thursday in docket 11-1355. Verizon wrote in late May to bring the case to the D.C. Circuit’s attention. The relevance of the case, say attorneys on both sides of the issue, will depend on whether the court agrees with the FCC’s position that broadband ISPs are more akin to conduits than speakers.
FCC acting Chairwoman Mignon Clyburn has yet to lay out a clear agenda for what she will do in what could be an extended period leading the agency. More will be known next week, when Clyburn releases the preliminary agenda for her first meeting as chair, scheduled for June 27.
FCC acting Chairwoman Mignon Clyburn has yet to lay out a clear agenda for what she will do in what could be an extended period leading the agency. More will be known next week, when Clyburn releases the preliminary agenda for her first meeting as chair, scheduled for June 27.
The U.S. Court of Appeals for the D.C. Circuit ruled that the FCC can’t force Comcast to carry the Tennis Channel on the same tier as the operator’s own Golf Channel and NBC Sports, in a 3-0 ruling Tuesday (http://1.usa.gov/12gefp0). In an opinion that communications attorneys said could affect other FCC carriage conflicts, the judges said the agency failed to show unlawful discrimination, or present evidence to refute “Comcast’s contention that its rejection of Tennis’s proposal was simply ‘a straight up financial analysis.'” Judges were skeptical of the FCC’s case during oral argument, with some courtroom observers predicting the cable operator would win the case (CD Feb 26 p1). The channel said it will appeal, while FCC Commissioner Ajit Pai cheered the ruling, as did Robert McDowell, who left the commission earlier this month and had voted against the agency’s order siding with the programmer over Comcast.
The FCC, having contracted for $208,799 of preliminary research on barriers to entering businesses it oversees like owning radio and TV stations, may spend as much as $917,823 for studies acquiring new data including on new media. That’s according to documents the agency released to Communications Daily’s publisher under Freedom of Information Act requests. As the commission prepares to receive a new privately funded study on media ownership for which a vote on new rules was paused in February (CD Feb 27 p1), it’s embarking on what officials inside and outside the agency called the next phase of barriers-to-entry research.
The FCC, having contracted for $208,799 of preliminary research on barriers to entering businesses it oversees like owning radio and TV stations, may spend as much as $917,823 for studies acquiring new data including on new media. That’s according to documents the agency released to Washington Internet Daily’s publisher under Freedom of Information Act requests. As the commission prepares to receive a new privately funded study on media ownership for which a vote on new rules was paused in February, it’s embarking on what officials inside and outside the agency called the next phase of barriers-to-entry research.
Monday’s Supreme Court decision that the FCC is entitled to deference in interpreting ambiguous statutes about its jurisdiction (CD May 21 p1) bolsters the commission’s position in the net neutrality court battle, the FCC said in a letter filed with the U.S. Court of Appeals for the D.C. Circuit Thursday. Attorneys and law professors we spoke to agree that the decision in the case, Arlington v. FCC, could help the commission -- but only if the court thinks the statutes in question are ambiguous in the first place. A Verizon spokesman said the company will file a response with the D.C. Circuit.
Monday’s Supreme Court decision that the FCC is entitled to deference in interpreting ambiguous statutes about its jurisdiction bolsters the commission’s position in the net neutrality court battle, the FCC said in a letter filed with the U.S. Court of Appeals for the D.C. Circuit Thursday. Attorneys and law professors we spoke to agree that the decision in the case, Arlington v. FCC, could help the commission -- but only if the court thinks the statutes in question are ambiguous in the first place. A Verizon spokesman said the company will file a response with the D.C. Circuit.
President Barack Obama’s nominee for FCC chairman, Tom Wheeler, said last week he plans to sell his shares in AT&T and Verizon valued in the hundreds of thousands of dollars if he is confirmed, according to documents filed with the U.S. Office of Government Ethics (OGE). Wheeler said he also plans to divest his interests in nearly 80 technology, media and telecom companies within 90 days of his confirmation and recuse himself from any matters that may pose a potential conflict of interest if informed by FCC ethics officials. Wheeler, who was formerly president of CTIA and NCTA, has been attacked by some lawmakers and public interest groups for his extensive relationships and investments in companies he would likely regulate if confirmed as FCC chair. The Senate Commerce Committee has not yet scheduled a confirmation hearing for Wheeler and a committee spokesman had no comment Friday as to when the hearing would take place.
President Barack Obama’s nominee for FCC chairman, Tom Wheeler, said last week he plans to sell his shares in AT&T and Verizon valued in the hundreds of thousands of dollars if confirmed, according to documents filed with the U.S. Office of Government Ethics (OGE). Wheeler said he also plans to divest his interests in nearly 80 technology, media and telecom companies within 90 days of his confirmation and recuse himself from any matters that may pose a potential conflict of interest if informed by FCC ethics officials. Wheeler, who was formerly president of CTIA and NCTA, has been attacked by some lawmakers and public interest groups for his extensive relationships and investments in companies he would likely regulate if confirmed as FCC chairman. The Senate Commerce Committee has not yet scheduled a confirmation hearing for Wheeler and a committee spokesman had no comment Friday as to when the hearing would take place.