A Commission by Any Other Name

6th Circuit Court mixes up agencies in ruling 8/22/2016 8:00 AM Eastern
The 6th Circuit confused its commissions in its decision striking the FCC's muni broadband pre-emption.

From the Aug. 22 edition of MCN's "Through the Wire"

More of the Aug. 22, 2016, Edition of Through the Wire: ‘Olympic Channel’ Lets Games Continue Scripps Uses Pokémon Go to Catch New Recruits


For those who occasionally mix up the Federal Trade Commission and Federal Communications Commission in references (or headlines, not that reporters ever do, but just saying), it’s nice to know officialdom occasionally misses the mark as well.


Such was the case with the 6th U.S. Circuit Court of Appeal’s recent decision on the FCC’s pre-emption of state laws limiting municipal broadband buildouts — the court struck down the FCC move (see page 5). In the judgment order PDF circulated by one party to the case soon after the judgment was handed down, the clerk of the court cites a decision of the FCC, then orders that the “Federal Trade Commission” order be reversed. By the time the judgment made it onto the PACER electronic legal system, the FCC had regained its rightful place.


“Minor mistakes are common and inevitable,” Andrew Schwartzman, one of the attorneys following the case, said. “Lifetime tenure notwithstanding, judges and clerks are human.”


The Wire would add “reporters” to that list.


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