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FCC Abides By GOP Request To Stop What It's Doing, Deletes Everything From Meeting Agenda (arstechnica.com) 119

One day after republicans from the house and senate sent letters to FCC Chairman Tom Wheeler, urging him to avoid passing regulations before Donald Trump's inauguration as president, Wheeler appears to have complied with the request. The FCC today "announced the deletion of all items that were originally scheduled to be presented and voted on at tomorrow's meeting." Ars Technica reports: Before the change, the agenda included votes on price caps for "special access" business data services; Universal Service funding to expand mobile broadband networks; wireless roaming obligations; and requirements for audio description of TV programming for blind and visually impaired people. The only item not deleted from tomorrow's meeting is part of the "consent agenda," which means it is routine and wasn't going to be presented individually. Of the major items, the business data services proposal had received the most attention. These are dedicated wireline circuits provided by traditional phone companies like AT&T and Verizon; the services supply bandwidth for cellular data networks, indirectly affecting the price consumers pay for wireless service. The business data services are also used by banks and retailers to connect ATM machines and credit card readers, by government and corporate users to connect branch offices and data centers, and to support public safety operations and health care facilities. The now-deleted agenda item would have phased in price cap decreases of 11 percent over three years to account for "over a decade of efficiency gains" since the last price cap adjustment.
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FCC Abides By GOP Request To Stop What It's Doing, Deletes Everything From Meeting Agenda

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  • by Anonymous Coward on Wednesday November 16, 2016 @08:49PM (#53301623)

    Trump should appoint Howard Stern as the FCC Chairman.

    • Oh, I know. Believe me, I know, right? It's getting to the point where you can't even say embarrassing and quasi-criminal things during a private on-air conversation. Sad!

    • Re:Howard Stern (Score:4, Interesting)

      by Tablizer ( 95088 ) on Wednesday November 16, 2016 @09:14PM (#53301759) Journal

      Why is that modded "funny"? Would be the most rational appointment T's made

      • Why is that modded "funny"? Would be the most rational appointment T's made

        The sad part is considering how powerful Stern is with his unreleased recordings of Trump. (that apparently no other Stern listener bothered to record and release to journalists during the campaign). Seriously, Stern has some mondo fucking leverage.

        • What unreleased recordings? These Trump conversations are not some hidden bomb shells. They were broadcast on a nationally syndicated radio show. I listened to Trump call in plenty of times and talk about women and sex.

          • What unreleased recordings? These Trump conversations...

            I believe I saw plenty of news that Stern refused requests to release his recordings of these public broadcasts. I saw no reports that anyone, anywhere, had any copies available for journalistic review (in the new context of a presidential campaign).

            If you or anyone can provide links to an archive of the audio that I and other journalists can analyze, then I will agree that there are no 'unreleased recordings'.

            • by Anonymous Coward

              I believe I saw plenty of news that Stern refused requests to release his recordings of these public broadcasts.

              It is more complex than that. I won't get into the details about who is refusing to release them (that's a messy story and unclear). The recordings being talked about are the ones that didn't go on the air, including hot mike recordings that were never part of the show.

    • And Ron Paul as the chair of the Federal Reserve. That'd actually be a pretty badass move IMO. He will oversee its audit and subsequent shutdown.

  • Interesting problem (Score:2, Interesting)

    by Anonymous Coward

    Should you,
    do you do what you boss says (obama)
    or wait till your soon to be boss shows up. (trump)

    I think you always work for the current President.
    The next guy can wait till he shows up.
    Not a nice job, but it is the job you signed up to do.

    Not quite what happened.
    Perhaps there was some discussion with the incomming administration to head us this way?
    (A congress critter is not the same.)

    • by cfalcon ( 779563 )

      In this specific case, the new guy. Look at the agenda pieces: they all involve things that will happen in *years*, not days. What's the point of negotiating on, say, price caps, if they'll never be implemented?

      • by Plus1Entropy ( 4481723 ) on Wednesday November 16, 2016 @09:48PM (#53301929)

        Because it forces the next person to actively undo them, which can potentially be a news story with political backlash. Instead, the next person now doesn't have to do anything and they get their way, and no one will remember when it just doesn't happen.

        • I don't think it does, at least for these items; they wouldn't be able to get through negotiations to even start implementing them before the inauguration. If negotiations aren't finished, Trump can just drop it quietly instead of actively doing anything.
      • by Anonymous Coward

        Half of Trump's transition team has been fired. Chris Christie was fired because he was Governor when Trump's son-in-law's Jared's, father was prosecuted on fraud charges and didn't pardon the fraudster.

        Mike Rogers left after getting a briefing on the Trump Russian links from the CIA.

        Trump then assigned son-in-law, Jared and his children, to his transition team, but US code 5 USC 3110, Trump may not "appoint, employ, advance, or advocate for" relatives in "the agency in which he is serving or over which he

        • To be fair, he is not president until January 20 and the transition team is not a federal agency, so 5 USC 3110 doesn't apply in this case. If he were to try to appoint one of his trumplings to anything post-inauguration, though, then there would be a problem.

        • Half of Trump's transition team has been fired. Chris Christie was fired because he was Governor when Trump's son-in-law's Jared's, father was prosecuted on fraud charges and didn't pardon the fraudster.

          No, Christie was the US District Attorney who prosecuted Charles Kushner in 2004. He didn't become governor until 2010.

        • Trump hasn't been employed by the federal government yet. So technically he's not violating the code.
          • by Rakarra ( 112805 )

            IE, it's legal for Trump's relatives to serve on his transition team, just not his cabinet.
            It would also be legal for them to serve as "advisers," I believe.

    • Obama is not their boss. I mean, he appointed them, but he doesn't really have any ongoing power to use. Congress can defund their Koreig. Trump can reappoint them. Obama can just wave to them in the hall.

    • So what's historical? We have a lame duck session normally, but is it typical to demand the current government cease all work until the new government shows up? Did Obama demand that the Bush administration stop all activities? Did the Bush administration demand that the Clinton administration stop working? Are we really supposed to believe that the 4 year presidency term is actually several months shorter than that? Now you know when the FCC does nothing that some loud mouth on the Republican side is

      • Re: (Score:3, Informative)

        by theid0 ( 813603 )
        Yes, this request was made in 2008: "At a time when serious questions are being raised about transition readiness, it would be counterproductive for the FCC to consider unrelated items, especially complex and controversial items that the new Congress and new Administration will have an interest in reviewing." http://commerce.senate.gov/pub... [senate.gov]
      • Are we really supposed to believe that the 4 year presidency term is actually several months shorter than that?

        The Republicans certainly believed that when it came to approving judgeship appointments . . . .

  • I'm suspicious (Score:2, Informative)

    by Notabadguy ( 961343 )

    I'm suspicious of every article I see posted by BeauHD these days regardless of content, almost to the point of avoiding reading anything he posts - simply because of his tailored anti-Trump agenda, including his legendary twitter account posts that would have him twitter banned for hate speech if twitter uniformly applied their anti-hate rhetoric across political lines.

    I only posted this because I just realized that I've been avoiding a good chunk of slashdot to avoid this garbage.

    And now I'm sad.

    • Re: (Score:2, Informative)

      by BeauHD ( 4450103 ) Works for Slashdot
      Well, I do have personal views just like you and everyone else on Slashdot but I don't let them influence the content posted to Slashdot's front page. With that said, I do encourage you to fact check the stories we post and the stories you read elsewhere on the web. :)
    • BTW - The FCC under Bush did exactly the same thing at the request of the incoming Obama administration. Time to take a deep breath snowflakes!

      As Rep. Henry Waxman and Senator Jay Rockefeller noted during the 2008 Presidential transition, it would be counterproductive for the FCC to consider complex and controversial items that the new Congress and new Administration will have an interest in reviewing," Upton and Walden wrote. "We strongly urge you to concentrate the Commission's attention and resources only on matters that require action under the law and efforts to foster the success of the broadcast incentive auction."

      • by Anonymous Coward

        BTW - The FCC under Bush did exactly the same thing at the request of the incoming Obama administration. Time to take a deep breath snowflakes!

        As Rep. Henry Waxman and Senator Jay Rockefeller noted during the 2008 Presidential transition, it would be counterproductive for the FCC to consider complex and controversial items that the new Congress and new Administration will have an interest in reviewing," Upton and Walden wrote. "We strongly urge you to concentrate the Commission's attention and resources only on matters that require action under the law and efforts to foster the success of the broadcast incentive auction."

        No, they didn't, AAMOF. What they asked in their letter dated December 12, 2008 follows:

        "The most important challenge for the Commission over the next nine weeks is to ensure the smoothest possible transition to digital television (DTV). At a time when serious questions are being raised about transition readiness, it would be counterproductive for the FCC to consider unrelated items, especially complex and controversial itqns that the new Congress and new Administration will have an interest in reviewing. V

  • ...Hillary's cloth

  • by Anonymous Coward

    1.) Pre-approval of the merger of any and all cable television/broadband companies immediately with tax breaks based on the size and speed of the mergers

    2.) MPAA/RIAA given keys to lockout any website, URL, or IP address that is deemed to by violating copyright

    3.) Walt Disney given permanent copyright status in perpetuity

    Did I miss anything?

    • 1) Trump has at least come out against the AT&T / Time Warner merger, though like anything else who knows what his actual opinion on the matter is or what he'll really do when it comes down to it.

      2) Trump and Republicans in general probably aren't overly friendly to the entertainment industry. Then again they might try to do it because they believe its somehow to their benefit, but Trump was also against TPP (see point one) so assuming he says anything remotely related to how he actually feels, suppo
      • 3) You mean to tell me that they don't already have this?

        They do, but it requires they write checks to representatives and senators every decade or two to extend it again. If Disney could get rid of that pesky "limited" word in Article 1, Section 8, they could forego the cost of pretending it isn't de-facto unlimited copyright.

        • If one were to take a stance that something such as a film has so many people involved that it can't really belong or be owned by any one of them as well as a belief that copyrights extend to corporate persons, then you could easily argue that copyright is perpetual. A corporate person only dies if they cease to exist as a going concern or otherwise dissolve their corporate charter and liquidate. If you assign the authorship of a work to a corporation, it never expires so long as the corporation exists in s
        • by Agripa ( 139780 )

          3) You mean to tell me that they don't already have this?

          They do, but it requires they write checks to representatives and senators every decade or two to extend it again. If Disney could get rid of that pesky "limited" word in Article 1, Section 8, they could forego the cost of pretending it isn't de-facto unlimited copyright.

          "Limited" is not a problem. The USSC ruled that as long as a finite duration is specified, then it meets the requirements for "limited".

  • by guises ( 2423402 ) on Wednesday November 16, 2016 @09:26PM (#53301815)
    What the hell is this? Yes the future FCC may be different from the current one, but we still have a current FCC. The government can't just shut down for two months after an election.

    This is the same logic they used to block the supreme court nomination, and is wrong for the same reason.
    • by ahabswhale ( 1189519 ) on Wednesday November 16, 2016 @09:32PM (#53301851)

      The republicans always get what they want. Just like they got to deny Obama his Supreme Court appointee even though he still had a year left in his presidency. Get used to it because it's only gonna get worse.

      • by mysidia ( 191772 )

        Just like they got to deny Obama his Supreme Court appointee even though he still had a year left in his presidency.

        Congress gets to set the number of justices on the court.

        The Senate have the power to deny the president's appointees for all 4 years if they wanted; it's one of the legislative checks on the
        executive, that the president can only make selections that the Senate will consent to.

        Obama could have gotten sneaky though and made an appointment when the Senate was in recess..... then the appoin

        • by guises ( 2423402 )
          The senate refused to recess in order to block a recess appointment, as I recall.
        • by ahabswhale ( 1189519 ) on Wednesday November 16, 2016 @10:31PM (#53302195)

          You're right that the constitution doesn't dictate the number of justices but the Judiciary Act of 1969 does: https://en.wikipedia.org/wiki/... [wikipedia.org]. Consequently, it's not optional to have eight except for temporary purposes (like retiring judge). Again, it doesn't matter because the republicans will do whatever the fuck they want anyway.

          • by mysidia ( 191772 )

            Consequently, it's not optional to have eight except for temporary purposes (like retiring judge)

            That's a false "consequently". The Judiciary act of 1969 is not binding on congress.
            Also, for the same reason the "Line item veto" law was found unconstitutional ---- Congress is not capable of passing laws which impose restrictions or regulations on future acts of congress, not without approval of a constitutional amendment.

            So while the Judiciary Act of 1969 calls for X justices; the Senate has the legal

            • What you're saying makes no sense whatsoever. Congress passed the law, and the law only applies to Congress since they're the only relevant party (other than the President). Consequently, what would be the point of doing that if it has no value whatsoever (which is what you're arguing)?

              • by Agripa ( 139780 )

                What you're saying makes no sense whatsoever. Congress passed the law, and the law only applies to Congress since they're the only relevant party (other than the President). Consequently, what would be the point of doing that if it has no value whatsoever (which is what you're arguing)?

                Publicity?

                Congress cannot pass a law that they cannot ignore.

              • by mysidia ( 191772 )

                Congress passed the law, and the law only applies to Congress

                NOPE. See U.S. v. Winstar Corp. and Justice David Souter quoted

                The legislature, being in truth the sovereign power, is always of equal, always of absolute authority: it acknowledges no superior upon earth, which the prior legislature must have been, if it's [sic] ordinances could bind the present parliament.

                Congress is not beholden to any decision made by a past congress.

                That would be legislative entrenchment. The courts have ruled that con

      • The republicans always get what they want

        The vast majority of them didn't want Trump as the nominee, so I don't think that's true.

    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Wednesday November 16, 2016 @09:37PM (#53301867)
      Comment removed based on user account deletion
      • Re:Well... (Score:4, Informative)

        by mysidia ( 191772 ) on Wednesday November 16, 2016 @10:13PM (#53302079)

        Invaliding an FCC regulation would require legislative action by the congress, specifying what to chance, since the regulatory authority over these matters has been vested by congress with the FCC.

        It's not like Trump would have the power to take office and unilaterally void all the FCC rules without any debate in the house.

      • by flink ( 18449 )

        The FCC could pass regulations that will be invalidated upon Trump's inauguration, or they could avoid wasting everyone's time and do this. They took the cost-cutting choice.

        The FCC is an independent agency. The president gets to appoint commissioners, designate the chairman, and suggest policy, but he does not have the authority to set the agenda or give orders. Further only 3 of the 5 commissioners may be of the same party as the president. Trump will get to appoint two new commissioners in 2017 as their terms are expiring, so the new board will almost certainly got from majority (D) to (R).

        There's a big difference between the new administration overturning something the p

      • The FCC could pass regulations that will be invalidated upon Trump's inauguration, or they could avoid wasting everyone's time and do this. They took the cost-cutting choice.

        Getting intelligent and important ideas on the public record, even if 'invalidated' by Trump, is not at all necessarily a "waste of everyone's time". But apparently they didn't evaluate their ideas that highly.

      • by AmiMoJo ( 196126 )

        I seriously doubt they are just trying to save money. They know that once passed it will be harder and more controversial to undo decisions already made.

        It's like Obamacare. As much as the Republicans hate it and would love to repeal every last word, in practice now it's here they will find it much more difficult to take away from people.

        • The point is, they probably won't be able to pass it before Trump takes office. And the GOP will try to repeal Obamacare, but replace it with something else. That's always been Trump's goal. Obamacare does have flaws, significant ones in some cases, so a replacement may not be a bad thing.
    • Where have you been for the last 35 years? The government shuts down every time there's some budget squabble between Congress and the president.
      • by guises ( 2423402 )
        There's only been one proper government shut down in the last twenty years. I was using the term figuratively here as the FCC isn't technically shutting down, it just isn't doing its job. This isn't typical.
    • If negotiations are likely to take longer than the period until inauguration, it does sort of make sense to delay them. No point in starting them if you expect your priorities to change halfway through. Obama asked for some of the same things (to a lesser degree) when he took over.
  • We still want business to happen between the election, and the beginning of the new session. Now we're just paying the bureaucrats to sit around and nothing for two months.
  • I'm a Republican, but that's completely stupid.

    The FCC is part of the executive branch and last time I checked, Mr Obama is still very much president. Essentially, they just quit working because "some guys over there" said they should.

  • You would think the ACLU would be all over getting rid of a federal communication commission. Sounds like a joke, something from the old Soviet Union. If they want to regulate the use of the electromagnetic spectrum and not things protected in the 1st amendment then they need a new name and a new mission.

  • Is there anything we can do as the public to keep the FCC going in the same direction? Preferably with Tom Wheeler still around? I was just telling my wife that the last few years of the FCC has been a rare example of excellently functioning government that benifits citizens. And now there's all this talk of Trump killing it. Are there seriously any public actions that could even possibly support Wheeler's FCC enough to not die?
    • Are there seriously any public actions that could even possibly support Wheeler's FCC enough to not die?

      Sounds like he's already doing what he can do: putting his head down and praying for change in the future, but trying not to rock the boat now.

      I don't think it will work, but what do you suggest be done?

  • I think every government agency should stop everything it's doing in the next four years, because in four years time, Trump will be replaced by another president.

    Current government decides what happens, this whole "lame duck" bullshit isn't legal in any way or supported by any constitution or amendment.

    FCC stopping plans now due to Trump not yet being in government is the same as failing to serve the current government.

  • I thought they were also going to talk about the right to communicate for Ham radio operators basically telling HOA's to go fuck themselves in regards to ham radio antennas. and how most HOA's try and ban them.

    Hams save your ass during disasters, The local government is utterly inept at communications during disasters. and in some states like Florida, it's nearly impossible to buy a home that is not in a HOA.

  • OK, a lot of people are missing what is going on here because they do not know the law. The FCC did this in response to a letter from members of both the House and the Senate. There is a law, passed when Bill Clinton was President (which Clinton signed) which states that if an Administrative Agency creates a new regulation Congress has so many months to pass a bill overturning that regulation (basically, the new Congress will be able to undo any regulation created since the beginning of 2016). If that bill
  • As it appears that is days are numbered now, I propose a toast to the best damn Dingo we ever had. We're going to be spending four years wishing Wheeler was back.
  • RIP Net Neutrality

  • I've got a feeling that it's going to get harder to tell what's fake news for the next while. I thought that this was a joke at first. Earlier today there was an article on CNN about women who have babies from sexual attacks have to share custody of the child with the attacker. If the attacker doesn't get convicted with a serious enough crime (for example, convicted of sexual assault 3 instead of sexual assault 1) then they can sue for visitation rights. I didn't check it out but when you articles like t

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