Today:  DC Circuit denies rehearing of FCC Net Neutrality Order, FCC to open 833 toll free code, US Senate Broadband hearing

DC Circuit Denies Rehearing En Banc of FCC Open Internet/Net Neutrality Order

The Court of Appeals for the District of Columbia Circuit had denied petitions for a full court rehearing a panel decision upholding the FCC’s 2015 Order reclassifying broadband Internet access service as a telecommunications service.  The Court's Order includes a concurring statement by Circuit Judges Srinivasan and Tatel, concurring in the denial of the petitions and a very lengthy dissent by Circuit Judges Brown and Kavanaugh, who would have granted the petitions.  The concurring statement notes that “En banc review would be particularly unwarranted at this point in light of the uncertainty surrounding the fate of the FCC’s Order.  The agency will soon consider adopting a Notice of Proposed Rulemaking that would replace the existing rule with a markedly different one.  (citation omitted)  In that light, the en banc court could find itself examining, and pronouncing on, the validity of a rule that the agency had already slated for replacement.”

 FCC Chairman Ajit Pai issued a statement saying:

“In light of the fact that the Commission on May 18 will begin the process of repealing the FCC’s Title II regulations, it is not surprising, as Judges Srinivasan and Tatel pointed out, that the D.C. Circuit would decide not to grant the petitions for rehearing en banc.  Their opinion is important going forward, however, because it makes clear that the FCC has the authority to classify broadband Internet access service as an information service, as I have proposed to do.  I also agree with many of the points made by Judges Brown and Kavanaugh in their compelling opinions explaining why the Commission’s Title II Order was unlawful.”

See our Blog, FCC Gives Us A First Peek At “Restoring Internet Freedom” for more details on the FCC's proposal for replacing the 2015 rules.

FCC To Open 833 Toll Free Code

The North American Numbering Plan Administrator(NANPA) released a Planning Letter announcing the opening of the 833 toll free area code on June 3, 2017, at Noon, Eastern Time.  The FCC’s Order also contains specific procedures for a five day pre-code opening period beginning May 14, 2017, concerning the reservation of 833 numbers.  TMI Briefing Service subscribers see Briefing dated 4/26/17.

US Senate Broadband Hearing

U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, announced the Committee will hold a hearing titled “Investing in America’s Broadband Infrastructure: Exploring Ways to Reduce Barriers to Deployment” on Wednesday, May 3, 2017.  The hearing will explore solutions to streamline broadband deployment and infrastructure especially in rural areas, and how to encourage private investment in next-generation telecommunications services.  The witness list includes representatives from Space X, the Georgetown Center for Business and Public Policy, Nokia Corporation, the Mayor of Wilton Manors, FL., and a member of the Arizona House of Representatives.

________________________________________________________________________

The Regulatory Mix, TMI’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.