The Senate confirmed all five of President Donald Trump's FTC nominees Thursday evening under unanimous consent. The nominees include antitrust lawyer Joseph Simons, whom Trump plans to designate chairman. The others are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; Rebecca Slaughter, former chief counsel to Senate Minority Leader Chuck Schumer, D-N.Y.; and Delta Air Lines' Christine Wilson.
A full slate of FTC nominees “cleared the hotline” process on the Senate Republican side by Thursday afternoon, indicating members of that party wouldn't oppose confirmation under unanimous consent, Senate Commerce Committee Chairman John Thune, R-S.D., told us. A day earlier, the Senate Commerce Committee advanced on a voice vote Democratic FTC nominee Rebecca Slaughter. Commerce forwarded the other nominees in February: Joseph Simons, whom President Donald Trump plans to name chairman; Rohit Chopra; Noah Phillips; and Christine Wilson.
FCC Commissioner Mignon Clyburn said Tuesday's monthly meeting will be her last. "This has been the most incredible opportunity for me," she said in emotional comments following agency approval of six items. While she said she hasn't always agreed with colleagues, she thanked them and others, and noted she doesn't have her post-FCC "path all laid out" yet.
The 9th U.S. Circuit Court of Appeals agreed to transfer net neutrality repeal litigation to the D.C. Circuit for review. In a brief order (in Pacer) Wednesday, a three-judge 9th Circuit panel cited petitioners' unopposed motion to transfer the case (County of Santa Clara v. FCC, No. 18-70506, and consolidated cases).
President Donald Trump intends to nominate Rebecca Slaughter, chief counsel to Senate Minority Leader Chuck Schumer, D-N.Y., to the vacant Democratic FTC seat, as expected (see 1802060039), the White House said late Monday. Slaughter has worked for Schumer since 2009, advising him on competition, consumer protection, privacy, IP and telecom policy issues, among others. She previously was a Sidley Austin associate. Trump’s intended nomination of Slaughter comes weeks after the Senate Commerce Committee voted to advance four other FTC nominees, including antitrust lawyer Joseph Simons, whom Trump plans to designate chairman. The other nominees are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; and Delta Air Lines' Christine Wilson. Schumer’s office didn’t immediately comment.
The FY 2018 omnibus spending bill contains language from the House-passed Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986), as expected. House leaders released the spending bill's text Wednesday evening. The House could vote on the measure as soon as Thursday, with a Senate vote to follow. The current continuing resolution to fund the government expires Friday.
Senate Commerce Committee ranking member Bill Nelson, D-Fla., said Tuesday he now supports Senate Minority Leader Chuck Schumer's, D-N.Y., recommended choice to replace FCC Commissioner Mignon Clyburn upon her expected departure from the commission. Schumer recommended Enforcement Bureau Assistant Chief Geoffrey Starks as Clyburn's successor. Nelson in February publicly backed John Branscome, Senate Commerce chief Democratic telecom counsel, to succeed Clyburn.
Federal judges partially upheld and partially overturned an FCC robocalling order that sought to clarify Telephone Consumer Protection Act restrictions on using automated dialing devices to make uninvited calls. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit upheld the 2015 declaratory ruling's revocation approach, under which parties can revoke consent "through any reasonable means clearly expressing a desire to receive no further messages from the caller," said the opinion Friday of Judge Sri Srinivasan in ACA International v. FCC, No. 15-1211. "We also sustain the scope of the agency’s exemption for time-sensitive healthcare calls."
The 9th U.S. Circuit Court of Appeals was picked to hear net neutrality repeal litigation, the FCC confirmed Thursday. The 9th Circuit was "randomly selected" by the U.S. Judicial Panel on Multidistrict Litigation, said an order a commission spokesman passed along after we inquired.
Federal judges upheld a district court denial of an AT&T motion to dismiss an FTC action alleging the carrier's mobility unit data-throttling plan is unfair and deceptive. The ruling appears to preserve FTC authority over the non-common-carrier activities of common carriers such as AT&T Mobility. An en banc panel of the U.S. 9th Circuit Court of Appeals said an FTC common-carrier exemption is "activity based," covering common-carrier activities only, not "status based," which would also cover non-common-carrier activities of common carriers.