Lifeline subscribership has "shrunk" almost 30 percent under FCC Chairman Ajit Pai and is set to drop at least another 30 percent "on his watch," said Kelley Drye attorney John Heitmann on a New America Open Technology Institute panel Wednesday. Representing Lifeline providers, he said Pai commission actions and proposals undercut enrollment and providers.

A federal court panel denied an FCC stay request to postpone Feb. 1 oral argument on challenges to its net neutrality reversal order (see 1901170055), as some expected (see 1901150011). Judges Patricia Millett, Robert Wilkins and Stephen Williams of the U.S. Court of Appeals for the D.C. Circuit Thursday denied a commission motion for a delay that was based on the lapse in appropriations, said the brief order, citing opposition to the request in Mozilla v. FCC, No. 18-1051. That panel will review the case on the merits. The FCC Tuesday said petitioners challenging the order opposed the motion, and petitioner Incompas Wednesday filed opposition (see 1901150058). The FCC and others noted a previous D.C. Circuit ruling that such stay denials constituted "express legal authorization" for agencies to comply with court requests for oral argument or briefing, despite Anti-Deficiency Act restrictions during the partial government shutdown. The denial "does now enable us to adequately prepare," emailed an FCC spokesperson Thursday. Incompas is "glad the court ruled so quickly," and looks forward to presenting its "case to save net neutrality and keep the streaming revolution going," emailed Incompas General Counsel Angie Kronenberg. Mozilla didn't comment.

A federal court panel denied an FCC stay request to postpone Feb. 1 oral argument on challenges to its net neutrality reversal order (see 1901170055), as some expected (see 1901150011). Judges Patricia Millett, Robert Wilkins and Stephen Williams of the U.S. Court of Appeals for the D.C. Circuit Thursday denied a commission motion for a delay that was based on the lapse in appropriations, said the brief order, citing opposition to the request in Mozilla v. FCC, No. 18-1051. That panel will review the case on the merits. The FCC Tuesday said petitioners challenging the order opposed the motion, and petitioner Incompas Wednesday filed opposition (see 1901150058). The FCC and others noted a previous D.C. Circuit ruling that such stay denials constituted "express legal authorization" for agencies to comply with court requests for oral argument or briefing, despite Anti-Deficiency Act restrictions during the partial government shutdown. The denial "does now enable us to adequately prepare," emailed an FCC spokesperson Thursday. Incompas is "glad the court ruled so quickly," and looks forward to presenting its "case to save net neutrality and keep the streaming revolution going," emailed Incompas General Counsel Angie Kronenberg. Mozilla didn't comment.

Incompas urged a court to reject an FCC motion to delay Feb. 1 oral argument on its net neutrality reversal due to the partial government shutdown (see 1901150011). Denial would expressly authorize the FCC to proceed with the case despite Anti-Deficiency Act (ADA) restrictions absent regular funding, and be in line with U.S. Court of Appeals for the D.C. Circuit precedent denying such government stay requests during shutdowns, said the group's opposition Wednesday in Mozilla v. FCC, No. 18-1051. Incompas, one of many petitioners challenging the commission order, cited the need for a "timely decision" to protect consumers and edge providers from the risk of "substantial harm" due to possible ISP network interference, adding that delay would disrupt petitioner preparations. The court "may likely deny this motion," emailed Morgan Lewis communications attorney Andrew Lipman, citing opposition and precedent: "My sense is the FCC recognizes this distinct possibility in the way they drafted the Motion. I believe they will be ready to go on Feb 1." It seems the FCC expects the motion to be denied "but that the denial acts as authorization to continue preparing for the argument ... because the court requires it," emailed Daniel Lyons, Boston College associate law professor. Citing "aggressive" cost cutting by federal courts and public defender offices, the Administrative Office of the U.S. Courts confirmed Wednesday its intent to extend judiciary operations at least through Jan. 25 "by using court fee balances and other 'no year' funds." But "at some point in the near future, existing funds will run out if new appropriated funds do not become available." After that, only "mission-critical work" would be allowed, including case resolution, with each court determining staffing needs.

Incompas urged a court to reject an FCC motion to delay Feb. 1 oral argument on its net neutrality reversal due to the partial government shutdown (see 1901150011). Denial would expressly authorize the FCC to proceed with the case despite Anti-Deficiency Act (ADA) restrictions absent regular funding, and be in line with U.S. Court of Appeals for the D.C. Circuit precedent denying such government stay requests during shutdowns, said the group's opposition Wednesday in Mozilla v. FCC, No. 18-1051. Incompas, one of many petitioners challenging the commission order, cited the need for a "timely decision" to protect consumers and edge providers from the risk of "substantial harm" due to possible ISP network interference, adding that delay would disrupt petitioner preparations. The court "may likely deny this motion," emailed Morgan Lewis communications attorney Andrew Lipman, citing opposition and precedent: "My sense is the FCC recognizes this distinct possibility in the way they drafted the Motion. I believe they will be ready to go on Feb 1." It seems the FCC expects the motion to be denied "but that the denial acts as authorization to continue preparing for the argument ... because the court requires it," emailed Daniel Lyons, Boston College associate law professor. Citing "aggressive" cost cutting by federal courts and public defender offices, the Administrative Office of the U.S. Courts confirmed Wednesday its intent to extend judiciary operations at least through Jan. 25 "by using court fee balances and other 'no year' funds." But "at some point in the near future, existing funds will run out if new appropriated funds do not become available." After that, only "mission-critical work" would be allowed, including case resolution, with each court determining staffing needs.

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.

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.

Given the high bar for reversing a facts-based district court ruling and the seemingly skeptical reception the agency received last week from a U.S. Court of Appeals for the D.C. Circuit panel (see 1812060015), antitrust experts told us it's likely AT&T will prevail in DOJ's appeal of the lower court allowing it to acquire Time Warner. Whether DOJ appeals again, either seeking a D.C. Circuit rehearing or petitioning the Supreme Court, is tougher to ascertain, they said.

Given the high bar for reversing a facts-based district court ruling and the seemingly skeptical reception the agency received last week from a U.S. Court of Appeals for the D.C. Circuit panel (see 1812060015), antitrust experts told us it's likely AT&T will prevail in DOJ's appeal of the lower court allowing it to acquire Time Warner. Whether DOJ appeals again, either seeking a D.C. Circuit rehearing or petitioning the Supreme Court, is tougher to ascertain, they said.

The National Multifamily Housing Council lobbied FCC leadership, calling the apartment industry "very competitive," with "owners keenly aware" of the need to provide modern communications services for residents. "This debate is really about whether the commission should help a handful of potential competitors carve up the high end of the market," said NMHC on meetings with Chairman Ajit Pai, Brendan Carr, Jessica Rosenworcel and aides, posted Tuesday in docket 17-91 (here, here and here). "Providers control the market. There is a lack of competition in the market today, but it is in the smaller, less lucrative buildings that competitive providers choose not to serve." NMHC backed a petition to pre-empt a San Francisco code that requires multi-tenant buildings let occupants request access to competing providers (see 1612150006). It opposed further FCC steps toward regulation from a multiple tenant environment inquiry (see 1706220036) and Article 8 of the Broadband Deployment Advisory Committee's proposed Model State Act (see 1807270020), which it said "would force the rental apartment industry to subsidize" broadband deployment. In a USTelecom forbearance proceeding, Incompas pressed the FCC to keep discounted wholesale unbundled network elements, which it said facilitate fiber networks that assist 5G. An enhanced satellite image of San Francisco showing fiber deployments by Zayo in business districts and Sonic Telecom in residential areas -- with Sonic crediting UNEs "as a stepping stone" -- illustrates the potential for competitive "fiber rich networks for fronthauling of small cells in residential areas," wrote Incompas on meeting a Pai aide, in docket 18-141.