States and the federal government are partners in a “common cause” promoting good communications policy, House Commerce Committee Chairman Greg Walden, R-Ore., said Monday at a NARUC meeting. Walden urged states and local governments to look at cutting red tape holding back broadband deployment as Congress considers President Donald Trump’s proposed $1 trillion infrastructure package. Congressional aides from both parties said they hoped for bipartisan consensus on the infrastructure package but said a Telecom Act rewrite may still be a long way off.
Proposed National Highway Traffic Safety Administration guidelines on distracted driving typify the type of pending regulations that a Jan. 20 White House memo called on agencies to halt to afford the incoming Trump administration an opportunity to review them. So said CTA President Gary Shapiro in a letter Monday to Transportation Secretary Elaine Chao and Mark Sandy, Office of Management and Budget acting director. CTA thinks the proposed guidelines “raise substantial questions of law and policy,” and therefore “merit a careful review” by DOT and OMB, as the White House memo prescribed, Shapiro said. “While NHTSA maintains that the proposed guidelines would be voluntary and nonbinding, in practice they could have a sweeping effect on the multibillion dollar market for mobile devices and apps.” In the letter, Shapiro repeated what he told the Senate Commerce Committee Feb. 1 when he testified that “by issuing guidelines on how smartphones, tablets and even wearable fitness devices function when near a driver, NHTSA has exceeded its authority and invited uncertainty and litigation” (see 1702010036).
States and the federal government are partners in a “common cause” promoting good communications policy, House Commerce Committee Chairman Greg Walden, R-Ore., said Monday at a NARUC meeting. Walden urged states and local governments to look at cutting red tape holding back broadband deployment as Congress considers President Donald Trump’s proposed $1 trillion infrastructure package. Congressional aides from both parties said they hoped for bipartisan consensus on the infrastructure package but said a Telecom Act rewrite may still be a long way off.
Capitol Hill Republicans and Democrats are staking out net neutrality positions at odds with core bipartisan consensus, expected to make the task of legislating more challenging. House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., said last week she wouldn’t be content with the paid prioritization ban that multiple senior Republicans previously backed in draft legislation. Hill Democrats staked out a deep defense of the open internet order, including its GOP-opposed Communications Act Title II provisions.
Capitol Hill Republicans and Democrats are staking out net neutrality positions at odds with core bipartisan consensus, expected to make the task of legislating more challenging. House Communications Subcommittee Chairman Marsha Blackburn, R-Tenn., said last week she wouldn’t be content with the paid prioritization ban that multiple senior Republicans previously backed in draft legislation. Hill Democrats staked out a deep defense of the open internet order, including its GOP-opposed Communications Act Title II provisions.
When FCC Chairman Ajit Pai axed numerous bureau inquiries and actions earlier this month without prior notice or explanation (see 1702030058 and 1702030070), he was well within his rights under the Administrative Procedures Act, APA and communications law experts tell us. Ending inquiries into issues like zero rating effectively signals taking a different enforcement direction without having to go through a process of eliminating those rules -- an approach numerous agencies under the Trump administration likely will take, some said.
When FCC Chairman Ajit Pai axed numerous bureau inquiries and actions earlier this month without prior notice or explanation (see 1702030058 and 1702030070), he was well within his rights under the Administrative Procedures Act, APA and communications law experts tell us. Ending inquiries into issues like zero rating effectively signals taking a different enforcement direction without having to go through a process of eliminating those rules -- an approach numerous agencies under the Trump administration likely will take, some said.
Recently introduced bills meant to realign executive trade authorities with Congress appear unlikely to progress quickly, if at all, interviews with a senator and trade analysts indicated. The bills follow some recent debate over the legal authority the executive branch has to make tariff changes (see 1612150045 and 1611150035). Sen. Mike Lee, R-Utah, on Jan. 20 introduced S. 177, the Global Trade Accountability Act (here), which would make all executive branch trade actions, including tariff raises and reductions, subject to congressional approval. Rep. Morgan Griffith, R-Va., on Jan. 24 introduced H. Con. Res. 14, “Reclaiming Congress’s Constitutional Mandate in Trade Resolution,” which initiates planning for a shift of Office of the U.S. Trade Representative functions and responsibilities to Congress (here).
Songwriters of North America is opposing DOJ's motion to dismiss SONA's lawsuit in the U.S. District Court in Washington, D.C., over the Antitrust Division's controversial decision in its review of the American Society of Composers, Authors and Publishers and Broadcast Music Inc. consent decrees (see 1608040066). SONA sued DOJ in September, filing its claim shortly before U.S. District Judge Louis Stanton ruled in BMI's New York rate case against a portion of Justice's decision on 100 percent licensing (see 1609140027 and 1609190062). SONA argued (in Pacer) earlier this week that it has standing to sue over Antitrust's findings “because [songwriters] are now suffering and will imminently suffer injuries traceable” to the decision. SONA repeated its long-standing assertion that its lawsuit is wholly separate from BMI's ongoing legal challenge to the DOJ decision, which the department appealed to the 2nd U.S. Circuit Court of Appeals. “Numerous issues are raised by plaintiffs’ claims that have nothing to do with the rate courts’ superintendence of the consent decrees,” SONA said. “Plaintiffs’ constitutional claim is based on theories that the 100% Mandate violates plaintiffs’ rights of procedural and substantive due process, and takes their property without compensation.” SONA also defended its claims that DOJ's finding violates both the Fifth Amendment's due process clause and the Administrative Procedure Act. District Judge Tanya Chutkan on Thursday extended to March 9 DOJ's deadline to respond to SONA's opposition to the dismissal motion.
Songwriters of North America is opposing DOJ's motion to dismiss SONA's lawsuit in the U.S. District Court in Washington, D.C., over the Antitrust Division's controversial decision in its review of the American Society of Composers, Authors and Publishers and Broadcast Music Inc. consent decrees (see 1608040066). SONA sued DOJ in September, filing its claim shortly before U.S. District Judge Louis Stanton ruled in BMI's New York rate case against a portion of Justice's decision on 100 percent licensing (see 1609140027 and 1609190062). SONA argued (in Pacer) earlier this week that it has standing to sue over Antitrust's findings “because [songwriters] are now suffering and will imminently suffer injuries traceable” to the decision. SONA repeated its long-standing assertion that its lawsuit is wholly separate from BMI's ongoing legal challenge to the DOJ decision, which the department appealed to the 2nd U.S. Circuit Court of Appeals. “Numerous issues are raised by plaintiffs’ claims that have nothing to do with the rate courts’ superintendence of the consent decrees,” SONA said. “Plaintiffs’ constitutional claim is based on theories that the 100% Mandate violates plaintiffs’ rights of procedural and substantive due process, and takes their property without compensation.” SONA also defended its claims that DOJ's finding violates both the Fifth Amendment's due process clause and the Administrative Procedure Act. District Judge Tanya Chutkan on Thursday extended to March 9 DOJ's deadline to respond to SONA's opposition to the dismissal motion.