Benton Foundation names Christopher Ali, University of Virginia, faculty research fellow, and moves research consultant Ryland Sherman to research associate ... Lorrie Faith Cranor, ex-FTC, becomes director-Carnegie Mellon University CyLab security and privacy institute ... Nexstar promotes Terri Lynn Bush to associate counsel-senior vice president, human resources, and hires Charles Pautsch, ex-Pautsch Spognardi, as associate counsel-vice president, labor and employment relations, both new posts.
A federal appeals court denied local governments a stay of the FCC’s September wireless infrastructure order that takes effect Monday (see 1901090033). In a possible setback for the FCC, the 10th U.S. Circuit Court separately in No. 18-9568 agreed with cities it's effectively part two of the agency’s August pole attachments order and should be transferred to the 9th Circuit, which is weighing a Portland, Oregon, lawsuit against the August order. Cities “failed to meet their burden of showing irreparable harm if a stay is not granted,” the 10th Circuit ruled (in Pacer) Thursday. Granting transfer (in Pacer), the Denver court concluded “the FCC’s August Order and its September Order are the ‘same order’ for purposes of § 2112(a).” The 10th Circuit was chosen by court lottery, but cities argued Portland technically was first to challenge if that order was considered part one (see 1811300034). Selection of the 10th Circuit was considered good news for the FCC because the court is split evenly between Democratic and Republican judges and considered more middle of the road, whereas the San Francisco-based 9th is considered the most liberal and activist (see 1811060046). Commissioner Brendan Carr tweeted that the order taking effect “will help every community enjoy the economic opportunity that 5G will enable.” The transfer is good news for local governments because historically the 9th Circuit “has taken a more narrow view of what qualifies as an effective prohibition on broadband deployment,” blogged locality consultant Tellus Venture President Steve Blum. The FCC and an attorney for San Jose and the other cities declined comment. Seeing the transfer order, the D.C. Circuit on Friday dismissed (in Pacer) as moot an FCC motion to transfer a similar case (AT&T v. FCC, No. 18-1294) from that venue to the 10th Circuit. The Washington court asked parties to show cause why it shouldn’t move petitions to the 9th Circuit. In a separate infrastructure case, the National Resources Defense Council urged the D.C. Circuit to reject the FCC’s March wireless order in United Keetoowah Band v. FCC, No. 18-1129 (see 1812050010). The commission “overlooks the additional responsibilities that the National Environmental Policy Act ... imposes on it independent from the Commission’s obligations under the Communications Act” and “the continuing federal role it plays in overseeing the conduct of those it licenses to provide wireless service,” the council replied (in Pacer) Friday.
LAS VEGAS -- Federal privacy legislation appears increasingly likely, though Congress first needs to work through some hard issues, officials said at CES. Maureen Ohlhausen, former acting FTC chairman, said the agency is paying close attention to protecting data regardless of what Congress does. Much of the discussion at CES focused on the EU general data protection regulation and the new California privacy law. New House Commerce Committee Chairman Frank Pallone, D-N.J., is interested in a bill (see 1901090038).
The halt in regular FCC operations isn't having a large impact on communications law firms and most clients yet, said attorneys who continue to draft pleadings, provide advice, handle litigation and do other work. But if the shuttering lasts an extended period, it will cause delays and backlogs that increasingly have negative fallout on matters large and small, rippling through industry, they said this week.
Extending its expectation of keeping the federal judiciary open through Friday, the Administrative Office of the U.S. Courts said it's "working toward the goal of sustaining paid operations through Jan. 18." If existing funding runs out, the judiciary will "operate under the terms of the Anti-Deficiency Act, which allows 'essential work' to continue." The "mission critical work includes activities to support the exercise of the courts’ constitutional powers under Article III, specifically the resolution of cases and related services," the office said Monday, with each court determining the staff needed. It added that in response to DOJ requests, "some federal courts have issued orders suspending, postponing, or holding in abeyance civil cases in which the government is a party for a limited period, subject to further consideration, or until appropriated funds become available." The department got a stay Monday (see here, in Pacer) from the U.S. District Court in Washington on a Friday deadline for filing a joint status report in docket 17-cv-02409 on litigation over Protect Democracy Project's Freedom of Information Act request for White House communications about AT&T's Time Warner buy (see 1803060004). That status report now is due after DOJ funding is restored. Oral arguments will go on as scheduled this month in the U.S. Court of Appeals for the D.C. Circuit, it says. That includes a GLH Communications v. FCC wireless case Wednesday, which the commission says is auction related. The D.C. Circuit is scheduled to hear oral argument Feb. 1 on challenges to the FCC's net neutrality rollback in Mozilla v. FCC, No. 18-1051.
T-Mobile/Sprint opponents in New York support strong state conditions on the $26 billion deal, their representatives told us Friday, the due date for the second round of comments in case 18-C-0396 at the New York Public Service Commission. While not ready to support the deal, the Public Utility Law Project has moved from a position “tending toward telling the commission to deny,” said PULP Executive Director Richard Berkley. In the California Public Utilities Commission review, intervenor testimony is due Monday, with hearings planned this month and next.
The 8th U.S. Circuit Court of Appeals won't halt the FCC's September wireless infrastructure but will transfer the case to the 10th Circuit, the venue selected by lottery for other challenges of the infrastructure order. In a judgment (in Pacer) Thursday, the 8th Circuit granted the FCC's motion to strike Little Rock's stay request, and the agency's separate motion to transfer. The city's stay motion didn't comply with Federal Rule of Appellate Procedure 18(a)(2)(A)(i), the court said. The Arkansas capital city failed to show it's likely to prevail on the merits or that it will be irreparably harmed, the FCC said Wednesday at the 8th Circuit. That day, the FCC also opposed a stay motion by San Jose and other cities in the 10th Circuit on the same order (see 1901020039). The FCC “reasonably interpreted the [Communications] Act to apply to all state and local measures that have the effect of prohibiting wireless service, including restrictions on municipally-owned structures,” the agency told the 8th Circuit. “The Commission’s interpretation simply provides a basis for wireless carriers to seek relief in court, where municipalities remain free to contend that such relief is not warranted.”
The FCC plans to vote on an order to drive down Connect America Fund Phase I support in price-cap telco areas where CAF Phase II auction winners will receive support and in the areas that weren't eligible for the auction, said the tentative agenda for the Jan. 30 commissioners' meeting. Commissioners will consider a caller-ID spoofing NPRM, an IP captioned telephone service (IP CTS) order and Further NPRM, an NPRM proposing changes to the rules on applications for noncommercial education stations and low-power FM stations, and a media modernization order to eliminate requirements for broadcaster midterm equal employment opportunity reports.
Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.
FCC Chairman Ajit Pai hailed apparent end Wednesday of the push for the Congressional Review Act resolution of disapproval aimed at reversing rescission of commission 2015 net neutrality rules. The House held a brief pro forma session Wednesday but conducted no business amid the ongoing partial government shutdown (see 1901020048), ending the final full day of the 115th Congress. The House is expected to hold a final pro forma session at 11 a.m. Thursday, just before the formal start of the 116th Congress. Incoming House Communications Subcommittee Chairman Mike Doyle, D-Pa., this Congress pushed strongly for the CRA measure (see 1811290042). “I’m pleased that a strong bipartisan majority” in the House “declined to reinstate heavy-handed Internet regulation," Pai said. Recent reports from the Fiber Broadband Association and Ookla showed “broadband speeds are up” and “fiber was made available to more new homes in 2018 than in any previous year.” A discharge petition to force a vote had support from 182 House members, below the required 218. The Senate passed the measure in May, 52-47 (see 1805160064). Incoming House Commerce Committee Chairman Frank Pallone, D-N.J., is planning a net neutrality hearing for early this year (see 1812310008). Fight for the Future, a booster of the CRA measure, acknowledged Wednesday the “clock has run out” but Deputy Director Evan Greer said the larger net neutrality effort isn't finished. “We used the CRA as a powerful tool to get lawmakers on the record,” Greer said. “If House leadership had allowed a vote on the CRA, we likely would have won that too. Instead, we used a discharge petition to get a record number of lawmakers publicly in support of strong net neutrality protections.” House Democratic leaders proposed expanding legislative days members can execute a discharge petition as part of the chamber's rules package for next Congress. The House is to vote on the rules Thursday, in the new Congress. A federal court named a panel with two Democratic appointees and one Republican appointee to review the FCC net neutrality rollback order (see 1901020040).