The Supreme Court declined to review the prior FCC's 2015 net neutrality order, which was upheld by the U.S. Court of Appeals for the D.C. Circuit. Justices 4-3 denied cert petitions appealing affirmation of the Communications Act Title II order, with Chief Justice John Roberts and Justice Brett Kavanaugh not participating, said the order list Monday deciding Daniel Berninger et al. v. FCC, No. 17-498. It noted Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would grant the petitions, vacate the D.C. Circuit's judgment and remand to that court with instructions to dismiss the cases as moot under U.S. v. Munsingwear. The solicitor general, backed by ISPs, had urged justices to take that course, given the current FCC's order undoing Title II net neutrality regulation, which is being challenged in the D.C. Circuit (see 1810030036). ISP groups and some others Monday said they weren't surprised by cert denial. “Once the current FCC repealed the 2015 Order, almost all parties -- including NCTA -- agreed that the case was moot," said NCTA: "Today’s decision is not an indication of the Court’s views on the merits but simply reflects the fact that there was nothing left for the Court to rule on.” Net neutrality advocate Andrew Schwartzman emailed, "This was the likely outcome and doesn't change things much, if at all. However, had the court vacated the 2016 DC Circuit opinion, it would have precluded the petitioners in the current DC Circuit case from relying on the earlier decision as precedent." The current order "remains the law of the land and is essential to an open internet," said USTelecom President Jonathan Spalter. CEO Matt Polka said the American Cable Association will continue "to defend the [current] order in federal court and fight impermissible interference with the national regime by the states." Unless Congress legislates, "the ping-pong match over the FCC's authority will continue," said TechFreedom President Berin Szoka. The group noted three Republican appointees would have vacated the 2015 order; Kavanaugh dissented from the D.C. Circuit affirmation while on that court; and Roberts was recused, "apparently because of prior" cable stock holdings. “Although the current FCC repealed [the] net neutrality rules in 2017 in a fit of partisan overreach ... we will continue to fight until net neutrality is once again the law of the land," said Sen. Ed Markey, D-Mass. Commissioner Jessica Rosenworcel tweeted: " It wasn't enough for this @FCC to roll back #NetNeutrality. It actually petitioned the Supreme Court to erase history and wipe out an earlier court decision upholding open internet policies. But today the Supreme Court refused to do so." Free Press and Public Knowledge welcomed the decision (here and here).

The Supreme Court declined to review the prior FCC's 2015 net neutrality order, which was upheld by the U.S. Court of Appeals for the D.C. Circuit. Justices 4-3 denied cert petitions appealing affirmation of the Communications Act Title II order, with Chief Justice John Roberts and Justice Brett Kavanaugh not participating, said the order list Monday deciding Daniel Berninger et al. v. FCC, No. 17-498. It noted Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would grant the petitions, vacate the D.C. Circuit's judgment and remand to that court with instructions to dismiss the cases as moot under U.S. v. Munsingwear. The solicitor general, backed by ISPs, had urged justices to take that course, given the current FCC's order undoing Title II net neutrality regulation, which is being challenged in the D.C. Circuit (see 1810030036). ISP groups and some others Monday said they weren't surprised by cert denial. “Once the current FCC repealed the 2015 Order, almost all parties -- including NCTA -- agreed that the case was moot," said NCTA: "Today’s decision is not an indication of the Court’s views on the merits but simply reflects the fact that there was nothing left for the Court to rule on.” Net neutrality advocate Andrew Schwartzman emailed, "This was the likely outcome and doesn't change things much, if at all. However, had the court vacated the 2016 DC Circuit opinion, it would have precluded the petitioners in the current DC Circuit case from relying on the earlier decision as precedent." The current order "remains the law of the land and is essential to an open internet," said USTelecom President Jonathan Spalter. CEO Matt Polka said the American Cable Association will continue "to defend the [current] order in federal court and fight impermissible interference with the national regime by the states." Unless Congress legislates, "the ping-pong match over the FCC's authority will continue," said TechFreedom President Berin Szoka. The group noted three Republican appointees would have vacated the 2015 order; Kavanaugh dissented from the D.C. Circuit affirmation while on that court; and Roberts was recused, "apparently because of prior" cable stock holdings. “Although the current FCC repealed [the] net neutrality rules in 2017 in a fit of partisan overreach ... we will continue to fight until net neutrality is once again the law of the land," said Sen. Ed Markey, D-Mass. Commissioner Jessica Rosenworcel tweeted: " It wasn't enough for this @FCC to roll back #NetNeutrality. It actually petitioned the Supreme Court to erase history and wipe out an earlier court decision upholding open internet policies. But today the Supreme Court refused to do so." Free Press and Public Knowledge welcomed the decision (here and here).

Joseph Paul (Joe) Clayton, 69, for many years the industry face and voice of the RCA brand and later CEO at Frontier Communications, Sirius Satellite Radio and Dish Network, died Saturday from complications of pancreatic cancer. CTA, for which Clayton was chairman during the mid-1990s, hailed him Sunday as a direct broadcast satellite “pioneer” for his role in launching RCA Digital Satellite Service receivers with DirecTV in 1994.

In restructuring, Viacom names Comedy Central President Kent Alterman president of combined Comedy Central, Paramount Network and TV Land group and expands President Chris McCarthy’s MTV, VH1 and Logo group to include CMT; Kevin Kay stepping down as president, Paramount Network, TV Land and CMT ... CPB announces Joy Lin, ex-ABC, as vice president-journalism ... Impact Telecom hires Patrick Reilly, ex-ANI Networks, as vice president-carrier services.

If investments stall because of tariffs between the U.S. and China, the World Bank projects that the rate of growth will fall over all over the world. If the impacts are largely concentrated between the two global giants, China will be hurt worse than the U.S., and other countries will benefit, said Caroline Freund, the director of trade at the World Bank. Freund, a Chinese trade economist and a domestic China expert, spoke about the trade war Oct. 26 at a George Washington University conference on U.S.-China relations.

Judges pressed the FCC to justify tribal Lifeline support limits and procedures, while questioning arguments of industry and tribal petitioners challenging the rules. A three-judge merits panel of the U.S. Court of Appeals for the D.C. Circuit heard oral argument Thursday on the 2017 order that barred resellers from receiving enhanced tribal Lifeline subsidies and targeted the USF support to rural areas (see 1711160021) in National Lifeline Association v. FCC. No. 18-1026. A separate motions panel of three Democratic appointees Aug. 10 stayed the tribal rules pending review by the merits panel (see 1808100027).

The FCC scheduled a conference call Nov. 1 at 2 p.m. EDT with tribal governments on the agency's notice of inquiry to consider creating a $100 million telehealth pilot program, said a public notice Wednesday of the Office of Native Affairs and Policy and the Wireline Bureau Telecom Access Policy Division. The FCC plans a workshop for tribal authorities and members Nov. 14-15 on the Nez Perce Reservation in Lewiston, Idaho, said another PN. It said the workshop will include a presentation on the recent Connect America Fund Phase II auction and the upcoming Mobility Fund Phase II auction, both designed to support rural broadband deployment, including on tribal lands.

The Aerospace Industries Association supported a Boeing petition to streamline FCC equipment certification rules for industrial, scientific and medical (ISM) devices, used in aircraft and other vehicles for operations and monitoring. “Boeing’s Petition is fully consistent with the goals of its members,” the group said, posted Monday in RM-11814. "Wireless sensors and other devices that generate low levels of RF emissions are increasingly being used as components in aircraft for a range of purposes," AIA said. "These devices monitor environmental conditions and the status of countless operational and safety systems, including fuel systems, engines, flight control, airframe, and landing systems." Boeing said in an Aug. 6 petition the change is important as autonomous and semi-autonomous vehicles are launched. “Perhaps the single greatest technological challenge of this generation is the use of wireless systems, digital processing, and sensors to further heighten the operational safety and efficiency ... with the ultimate goal of autonomous operations,” Boeing said.

The Aerospace Industries Association supported a Boeing petition to streamline FCC equipment certification rules for industrial, scientific and medical (ISM) devices, used in aircraft and other vehicles for operations and monitoring. “Boeing’s Petition is fully consistent with the goals of its members,” the group said, posted Monday in RM-11814. "Wireless sensors and other devices that generate low levels of RF emissions are increasingly being used as components in aircraft for a range of purposes," AIA said. "These devices monitor environmental conditions and the status of countless operational and safety systems, including fuel systems, engines, flight control, airframe, and landing systems." Boeing said in an Aug. 6 petition the change is important as autonomous and semi-autonomous vehicles are launched. “Perhaps the single greatest technological challenge of this generation is the use of wireless systems, digital processing, and sensors to further heighten the operational safety and efficiency ... with the ultimate goal of autonomous operations,” Boeing said.

The Aerospace Industries Association supported a Boeing petition to streamline FCC equipment certification rules for industrial, scientific and medical (ISM) devices, used in aircraft and other vehicles for operations and monitoring. “Boeing’s Petition is fully consistent with the goals of its members,” the group said, posted Monday in RM-11814. "Wireless sensors and other devices that generate low levels of RF emissions are increasingly being used as components in aircraft for a range of purposes," AIA said. "These devices monitor environmental conditions and the status of countless operational and safety systems, including fuel systems, engines, flight control, airframe, and landing systems." Boeing said in an Aug. 6 petition the change is important as autonomous and semi-autonomous vehicles are launched. “Perhaps the single greatest technological challenge of this generation is the use of wireless systems, digital processing, and sensors to further heighten the operational safety and efficiency ... with the ultimate goal of autonomous operations,” Boeing said.