Congressional Democrats are returning from a month-plus recess more willing to vent frustrations over President Joe Biden’s delay in announcing nominees to two Democratic FCC seats. They cite growing concerns the sometimes-lengthy Senate confirmation process could result in the current 2-2 split commission switching to a 2-1 GOP majority in January. Acting Chairwoman Jessica Rosenworcel’s term expired in June 2020, meaning she would have to leave Jan. 3 absent Senate reconfirmation.
The Court of International Trade said the Commerce Department had sufficient evidence in its changed circumstances review that found that the situation had not changed regarding countervailable subsidies for Argentina's biodiesel industry. Judge Gary Katzmann, in a Sept. 21 opinion, also held that Commerce, which originally found changed circumstances but later switched back to a finding of no changed circumstances, acted in accordance with the law.
U.S. Court of Appeals for the D.C. Circuit judges peppered both sides with questions, during an often highly technical oral argument Friday, as the FCC defended its order opening the 6 GHz band for Wi-Fi and other unlicensed use. AT&T, APCO, electric utilities and other plaintiffs argued the FCC never explained why it didn’t require use of automated frequency control (AFC) to protect incumbents from low-power indoor use, which got some support on the court. Judge Justin Walker, a new member of the court, warned the agency's order could be remanded or even vacated.
The FTC voted 3-2 along party lines Wednesday to withdraw from its 2020 joint vertical transaction guidelines with DOJ, despite “anxiety” from Commissioner Rebecca Kelly Slaughter and protests from Republican commissioners (see 2109100043). The guidelines remain at DOJ, the department said.
The FTC voted 3-2 along party lines Wednesday to withdraw from its 2020 joint vertical transaction guidelines with DOJ, despite “anxiety” from Commissioner Rebecca Kelly Slaughter and protests from Republican commissioners (see 2109100043). The guidelines remain at DOJ, the department said.
The Commerce Department's use of adverse facts available when weighing Bosun Tool's country of origin information using a first-in-first-out (FIFO) methodology was justified, Justice Department said in Sept. 13 comments at the Court of International Trade (Diamond Sawblades Manufacturers' Coalition v. United States, CIT #17-00167).
Senate Commerce Committee Chair Maria Cantwell of Washington and other chamber Democratic leaders told us they haven’t signed off on the House Commerce Committee’s portion of the Build Back Better Act budget reconciliation package because of what they consider an underwhelming amount of money for broadband. Senate Republicans we spoke with appeared unified with their House colleagues in opposition to the language.
Five steel companies filed an amicus brief at the U.S. Court of Appeals for the Federal Circuit in support of a full court rehearing in a critical case on presidential power regarding the Section 232 steel and aluminum tariffs. The brief, filed Sept. 7 by Oman Fasteners, Huttig Building Products, Koki Holdings America, J. Conrad and Metropolitan Staple, was accepted by the appellate court Sept. 9. The five companies tap into the dissenting opinion at the Federal Circuit along with the Court of International Trade's original ruling to make the case that the appellate court erred in finding that the president could hike the Section 232 duties on Turkish goods well beyond procedural time limits (Transpacific Steel LLC, et al. v. United States, Fed. Cir. #20-2157).
The satellite megaconstellation boom and growing use of small satellites won't present undue spectrum coordination challenges, though other emerging space applications could pose bigger potential problems, said Alexandre Vallet, ITU Radiocommunication Bureau's Space Services Department chief. “We may have to see how to make some room” for geostationary satellites increasingly being envisioned by nations that want to kick-start their own domestic space industry, he told a Silicon Flatirons conference Thursday.
Utility companies are hopeful the FCC will act on the Edison Electric Institute’s petition for clarification that the statute of limitations on all pole attachment complaint proceedings is two years and refunds aren't "appropriate" before a "good faith notice of dispute” (see 2104210046). ISPs remain opposed to the petition and say the issue has been addressed by the commission in recent rulings. Replies are due Sept. 10 in docket 17-84.