Industry parties asked a federal court to review a ruling siding with the FCC on its 2015 net neutrality and broadband reclassification order. Petitions for rehearing were filed Friday by Alamo Broadband, AT&T, CTIA, NCTA and the American Cable Association, USTelecom and CenturyLink, and Tech Freedom and other intervenors at the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063 and consolidated cases). The petitions had been expected and are seen by observers on both sides of the debate as unlikely to win rehearing, though some FCC critics are more hopeful of Supreme Court review (see 1607280049).
FCC critics face an uphill battle to convince a federal court to rehear and overturn a ruling upholding the FCC's net neutrality and broadband reclassification order, some knowledgeable sources told us Thursday. Various parties who originally challenged the order are expected to file petitions Friday for rehearing the 2-1 decision at the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063), they said. Even commission critics say the odds are against the D.C. Circuit granting rehearing, but some suggested the appellate court proceeding might improve the prospects for Supreme Court review, including on the question of Chevron deference to the agency.
The FCC cleared Telcordia to become the next local number portability administrator, in an order issued Monday that approved the company's LNPA contact with North American Portability Management for an initial term of five years. The Telcordia-NAPM master service agreement's (MSA) terms "are consistent" with a March 2015 commission order and "requirements regarding neutrality and security matters," said the order in docket 09-109, which drew a partial dissent from Commissioner Mike O’Rielly. The commission unanimously approved a separate order dismissing an application for review filed by LNPA incumbent Neustar that had sought reversal of a Wireline Bureau procedural decision. Both actions were expected (see 1607210020). Neustar is also challenging the 2015 order in court.
A hotly anticipated GOP fight for leadership of the House Commerce Committee is less than six months away, and four of the known likely contenders told us they want a renewed committee focus on rewriting the 1996 Telecom Act in the next Congress. Two key lawmakers seen as interested for more than a year are the more-senior Rep. John Shimkus, R-Ill., who never hid his intentions, and Communications Subcommittee Chairman Greg Walden, R-Ore., who only recently began expressing public interest (see 1505140064 and 1509280058). Commerce Committee Vice Chairwoman Marsha Blackburn, R-Tenn., and Rep. Joe Barton, R-Texas, also may be in the mix.
Regulators readying guidelines for enforcing net neutrality provisions in the EU telecom single market regulation are facing not only criticism of their proposals but also hostility from some quarters over their competence and independence. A Body of European Regulators for Electronic Communications (BEREC) consultation on the draft document (see 1606060005) closed July 18, but responses haven't been made public. Various players, however, including telcos, digital rights groups and consultants, made their comments available to us, and many said the guidelines need more work.
The Obama administration unveiled a public-private partnership Friday it’s calling the Advanced Wireless Research Initiative (AWRI). White House officials say this builds off the FCC's Thursday spectrum frontiers vote (see 1607140052) and to expect an investment of $400 million spearheaded by the National Science Foundation, with new steps announced among other parts of the federal government and for telecom companies and associations. Industry stakeholders also praised the spectrum frontiers order (see 1607150026).
Legislation that would significantly change how the FTC investigates and enforces violations and manage other practices advanced during a House Commerce Committee markup Thursday on a 30-20 party-line vote. Republicans rebuffed several major amendments offered by Democrats, who said the bill would weaken the commission (see 1605240042 and 1607120046). On the prior day, the committee passed another FTC-related bill outlawing gag clauses preventing online consumer reviews and one on amateur radio operators (see 1607130023). Ranking member Frank Pallone, D-N.J., told us after the hearing that the FTC Process and Transparency Reform Act (HR-5510) has little chance of becoming law.
The FCC approved a tech transition order aimed at facilitating upgrades of voice services while preserving core consumer and public safety protections. The order adopted Thursday would set up an optional, "streamlined" test for telecom industry applications to discontinue legacy voice services on a fast track if replacement services are deemed adequate. It also granted a USTelecom bid for ILEC regulatory relief on interstate switched access voice services and a TelePacific request to address a discontinuance timing complication for CLECs. Commissioner Mike O'Rielly dissented in part and approved in part while Commissioner Ajit Pai concurred in part and approved in part, with both questioning the streamlining claims.
The House Commerce Committee advanced the Consumer Review Fairness Act (HR-5111), the Better On-line Ticket Sales Act (HR-5104) and the Amateur Radio Parity Act (HR-1301) during a Wednesday markup. As of the evening, it was also planning to debate legislation that would significantly change some of FTC enforcement and decision-making processes. The bill has been supported by Republicans and opposed by Democrats and consumer protection groups (see 1607120046).
Privacy Shield, the new arrangement for trans-Atlantic personal data flows, is now in effect, EU and U.S. officials said Tuesday, as expected (see 1607080001). Companies will be able to start certifying their programs with the Department of Commerce beginning Aug. 1, and the European Commission will publish a guide explaining the available remedies for Europeans who believe their data has been used in violation of data protection rules. Finalization hasn't quelled continuing concerns from consumer groups, some EU lawmakers and Max Schrems, who successfully challenged safe harbor, about U.S. mass surveillance and other issues, they said. The EC "adequacy" decision and related documents are here.