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.
The U.S. Supreme Court is difficult to predict, but lawyers see reason to believe the court will use an upcoming case, Loper Bright Enterprises v. Raimondo, to clarify the status of the Chevron doctrine, legal experts told us. The doctrine underlies the authority of independent agencies like the FCC and the FTC. The court last week agreed to hear the maritime case (docket 22-451). The court hasn’t cited Chevron for several years, though it continues to be cited by lower courts.
The U.S. Supreme Court is difficult to predict, but lawyers see reason to believe the court will use an upcoming case, Loper Bright Enterprises v. Raimondo, to clarify the status of the Chevron doctrine, legal experts told us. The doctrine underlies the authority of independent agencies like the FCC and the FTC. The court last week agreed to hear the maritime case (docket 22-451). The court hasn’t cited Chevron for several years, though it continues to be cited by lower courts.
Donald Trump's 2024 presidential campaign pledge to bring the FCC, FTC and other independent regulatory agencies under executive branch control would likely involve expanding Office of Information and Regulatory Affairs review of proposed rules to those agencies, administrative law OIRA experts told us. The White House has the statutory and constitutional ability to do so, but it would be a political fight, they said. Former FCC officials and others consider the proposal more likely bluster than something that could be easily achieved if Trump is reelected president. The FCC and FTC didn't comment.
The U.S. Court of Appeals for the D.C. Circuit has denied the Standard/Tegna broadcasters’ petition for writ of mandamus, according to a brief, unpublished decision in docket 23-1084 Friday morning.
The U.S. Court of Appeals for the D.C. Circuit has denied the Standard/Tegna broadcasters’ petition for writ of mandamus, according to a brief, unpublished decision in docket 23-1084 Friday morning.