Work continues by House Ways and Means Republicans to draft tax legislation that could have a far-reaching impact on importers and exporters. Among the many changes detailed in the "A Better Way" blueprint (here) released by House Speaker Paul Ryan, R-Wis., is a shift to a "border-adjustable" model that would exempt exports from taxes through rebates while making imports taxable, possibly by removing tax deductions, said National Foreign Trade Council Vice President for Tax Policy Catherine Schultz. Though the plan says it will be "consumption-based" and has been compared to value-added taxes (VAT) used by many major U.S. trading partners, it still appears to follow the current income tax structure, calling into question whether the border adjustments violate WTO rules, Schultz said.

The U.S. Court of Appeals for the D.C. Circuit surprised many on both sides of the fight over net neutrality rules and broadband reclassification when it upheld the FCC across the board. After Dec. 4, 2015, oral argument on industry challenges to the 2015 rules (see Part III of this Special Report, 1610130014), the D.C. Circuit issued its decision June 14. That ruling was the subject of two Communications Daily Bulletins that day (see 1606140010 and 1606140012) and many more later stories. This final Part IV of the net neutrality Special Report focuses on the court ruling and continuing challenges.

A large majority of Americans remain unable to text 911 for help in emergency situations, but some local authorities continue to question calls to support SMS at public safety answering points (PSAPs), 911 officials said in interviews. The National Emergency Number Association is frustrated the rollout isn’t going faster, said NENA Director-Government Affairs Trey Forgety. “If everyone made a decision that text-to-911 had to be implemented before the end of the year 2017, it could be done easily.” Localities are sympathetic to the need for text-to-911 but worry there's not a sufficient business model to move forward, said Fire Chief Don Crowson of Arlington, Texas. “We’re not resistant. We’re concerned.”

Even before the FCC released its net neutrality rules on March 12, 2015, ISP interests signaled they would take the agency to court. The likes of CTIA and NCTA predicted lawsuits, as reported in Part I of this Special Report (see 1609150017). Even FCC officials predicted such suits -- accurately, as it turned out. This Part II focuses on how litigation came to pass. Part III reports how the commission won an initial court case (see 1610130014).

A large majority of Americans remain unable to text 911 for help in emergency situations, but some local authorities continue to question calls to support SMS at public safety answering points (PSAPs), 911 officials said in interviews. The National Emergency Number Association is frustrated the rollout isn’t going faster, said NENA Director-Government Affairs Trey Forgety. “If everyone made a decision that text-to-911 had to be implemented before the end of the year 2017, it could be done easily.” Localities are sympathetic to the need for text-to-911 but worry there's not a sufficient business model to move forward, said Fire Chief Don Crowson of Arlington, Texas. “We’re not resistant. We’re concerned.”

The latest iteration of net neutrality rules formally kicked off with a 3-2 party-line vote by FCC members in front of a standing-room-only crowd on Feb. 26, 2015. After many twists and turns in a lengthy process with millions of comments submitted, that included a significant course correction by FCC Chairman Tom Wheeler, the final order was released in March 2015. It reclassified broadband as a Title II telecom service subject to some common-carrier regulation under the Communications Act.

The Federal Maritime Commission should seek additional information about the recently filed THE Alliance Agreement due to the possibility of anticompetitive issues, the Justice Department's Antitrust Division said in comments to the FMC (here). The FMC published a notice about the agreement earlier this month (here). The DOJ said its objections to the THE Alliance are similar to the concerns it submitted about the OCEAN Alliance, which the DOJ unsuccessfully pushed the FMC to prevent (see 1611080022). "THE Alliance Agreement raises a number of significant competitive concerns, particularly as it comes on the heels of the recently approved OCEAN Alliance," the DOJ said. "The creation of these two new alliances will result in a significant increase in concentration in the industry as the existing four major shipping alliances are replaced by only three." Parties to the agreement would be "Hapag-Lloyd AG and Hapag-Lloyd USA LLC (acting as one party); Kawasaki Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Ltd.; Nippon Yusen Kaisha; and Yang Ming Marine Transport Corp.," according to the FMC notice. "As you are aware, once an agreement among ocean carriers is filed with the FMC and becomes effective, conduct covered in the agreement could enjoy immunity from the antitrust laws," the DOJ said in the comments. "Where, as here, an agreement contemplates extensive cooperation among members, extreme caution is warranted. We strongly urge the Commission to seek additional information from the carriers and to conduct a rigorous review of the record." A lawyer for the THE Alliance didn't comment.

Trump transition team member Mark Jamison said the FCC is no longer needed, at least as presently constituted, and suggested the commission should be downsized and refocused on a core spectrum management mission, with many of its current functions turned over to other federal and state agencies. "Most of the original motivations for having an FCC have gone away," he wrote in an Oct. 21 commentary. But Jamison, director of the University of Florida's Public Utility Research Center, more recently lauded FCC chairmen of both political parties for providing strong and effective leadership that resists political pressures and preserves the agency's independence.

Trump transition team member Mark Jamison said the FCC is no longer needed, at least as presently constituted, and suggested the commission should be downsized and refocused on a core spectrum management mission, with many of its current functions turned over to other federal and state agencies. "Most of the original motivations for having an FCC have gone away," he wrote in an Oct. 21 commentary. But Jamison, director of the University of Florida's Public Utility Research Center, more recently lauded FCC chairmen of both political parties for providing strong and effective leadership that resists political pressures and preserves the agency's independence.

Some opposition to Globalstar broadband terrestrial low-power service (TLPS) plans is falling by the wayside, but at least one critic still has major issues with the company's spectrum plans. And, given the forthcoming change in White House administration, the likelihood the FCC moves on Globalstar's proposal between now and the Trump administration's start could be slim, lawyers representing interested parties and satellite industry sources us.