John Eggerton

Judges Picked to Hear Net Neutrality Challenge

The three-judge panel has been picked to hear the appeal of Mozilla et al. to the Federal Communications Commission's network neutrality deregulation. According to the US Court of Appeals for the DC Circuit, the Feb 1 oral argument in the Mozilla appeal will be heard by Judges Judith Rogers, Patricia Millett, and Stephen Williams.

NBC/Telemundo Pays $495,000 to Settle FCC Investigation Over Children's TV Programming Obligations

NBC/Telemundo has agreed to pay $495,000 to settle an Federal Communications Commission investigation into whether it fulfilled its children's TV programming obligation--in several instances, it didn't.

Huawei: FCC Can't Block USF Funding

Chinese telecom Huawei has again told the Federal Communications Commission that the commission's proposal to exclude some Chinese companies' technology--Huawei and ZTE-- from Universal Service Fund broadband subsidy support is both legally and factually deficient. Government contractors can't buy equipment from Chinese telecoms ZTE or Huawei as part of those contracts, and must submit a plan for phasing out the use of that equipment from its systems. That came with President Donald Trump's signing on Aug 13 of the John S.

Rhode Island Sues Google Over Google+ Breach

Rhode Island is suing Google over a data breach the state said compromised the information of 52.5 million users. That is according to the office of RI General Treasurer Seth Magaziner—the state's pension fund is invested in Google. The pension fund filed a motion with the court to head a class action shareholder suit after it was reported that Google execs had not disclosed the breach, which involved the Google+ attempt by the company to capture some of the social media market.

Dispatch from the Chairman's Dinner (updated)

At the annual FCC Chairman's Dinner hosted by the Federal Communications Bar Association, Federal Communications Commission Chairman Ajit Pai took some obligatory shots at various industry players.

Senate Calls on President to Support Free Press

Senate has unanimously approved a resolution on protecting press freedom, including calling on the President to be a leader in defending a free press, including a press that promotes "government accountability."

Whereas freedom of the press is a cornerstone of American democracy and is enshrined in the first amendment to the Constitution;

Sens Daines (R-MT), Johnson (R-MS) Press Chairman Pai for Action on White Spaces

Sens Steve Daines (R-MT) and Ron Johnson (R-MS) have asked the Federal Communications Commission to resolve interference issues with TV white spaces (TVWS) use by unlicensed devices, come up with final guidance, and allow for the expansion of TVWS use. They say the technology is key to closing the rural broadband divide because it is an affordable connectivity answer for rural and tribal communities.

Consumer Groups Call for Sprint-T-Mobile House Hearing

The Communications Workers of America (CWA) and Writers Guild of America West (WGAW) have joined with Consumer Reports, Common Cause and others to call for House hearings on the proposed T-Mobile-Sprint merger in the next Congress. In letters to likely new House Commerce Committee Chairman Frank Pallone (D-NJ) and likely new House Judiciary Committee Chairman Jerrold Nadler (D-NY), the groups said that hearings in their respective committees would be an "excellent" first step toward the incoming Democratic Reps vision of stronger antitrust enforcement (something Rep Nadler has pushed for),

FTC Chairman Simons: We Need Rulemaking Authority

Federal Trade Commission Chairman Joseph Simons told the Senate Consumer Protection Subcommittee at an FTC oversight hearing that the FTC needs three things to protect consumer privacy: 1) rulemaking authority; 2) civil penalty authority—currently it can only try and make consumers whole for losses, not penalize the conduct responsible; and 3) jurisdiction over nonprofits and common carriers. Currently, the FTC has to sue or settle with alleged violators, then monitor enforcement of the settlements it secures.

Court Clears Way for Byron Allen Bias Suit Against Charter

A three-judge panel of the US Court of Appeals for the Ninth Circuit upheld a California District Court ruling that Byron Allen's Entertainment Studios Networks (ESN) was not barred from suing Charter over its allegation the cable operator's decision not to carry his programming was racially motivated. The panel rejected Charter's motion to dismiss the suit and remanded it back to the US District Court for the Central District of California for further proceedings, which likely means a trial on its merits unless the parties settle.

President Trump: We Are Now Writing Rules of Press Conference Decorum

After a judge ruled Nov 16 that the White House must restore the press pass of CNN senior White House correspondent Jim Acosta, President Donald Trump said of the court defeat, "[I]t’s not a big deal. What they said though is that we have to create rules and regulations for conduct etc. etc. We’re doing that, were going to write them up right now.

Privacy Groups to FTC: Where's Our Google Complaint

Privacy groups are pressing the Federal Trade Commission for the status of their complaint against Google.

Sens Moran, Udall Say FCC Must Protect C-Band Incumbents

Sens Jerry Moran (R-KS) and Tom Udall (D-NM) have added their voices to those of broadcasters and others asking the Federal Communications Commission to be careful how it allows new users to share the C-band spectrum they use to receive programming networks from suppliers.

ACA: DOJ Needs to Keep Leash on Comcast/NBCU

The American Cable Association called on the Justice Department to open an antitrust investigation into Comcast-NBCUniversal. It would be a way to keep Justice overseeing the company after the conditions DOJ imposed on the merger expired earlier in 2018.

Silicon Valley to NTIA: Federal Privacy Law Should Trump States

The Internet Association (IA) and Computer & Communications Industry Association (CCIA) submitted filings with the National Telecommunications & Information Administration (NTIA), which sought comment on a framework for protecting privacy. The organizations are in agreement that federal privacy legislation currently being contemplated by the White House and Congress should preempt state efforts to regulate privacy.

DOJ's antitrust chief Delrahim Promotes 'AT&T/Time Warner Doctrine' in Mexico

Department of Justice antitrust chief Makan Delrahim put an exclamation point on what might now be called the AT&T/Time Warner Doctrine given the confluence of that case with Delrahim's emphasis on spin-offs versus conditions in vertical mergers: "If a structural remedy isn’t available, then, except in the rarest of circumstances, we will seek to block an illegal merger."

NTIA Lets Verisign Boost .Com Domain Name Prices

the National Telecommunications & Information Administration (NTIA) has agreed to modify its agreement with domain name registrar Verisign that will allow it to boost prices for .com domain names, but not to vertically integrate--say, merge with a web content supplier. That came in an extension of the six-yea.com registry agreement. Also part of the agreement, said NTIA, is "a new commitment to content neutrality in the Domain Name System (DNS)....Verisign will operate the .com registry in a content neutral manner with a commitment to participate in ICANN processes.

Chairman Pai Plans to Remain Chairman For ‘Foreseeable Future’

Brian Hart, director of the Federal Communications Commission’s office of media relations, said that FCC Chairman Ajit Pai “plans to lead the FCC for the foreseeable future.” Pai — a Republican appointed to the commission by President Barack Obama in 2012, then named chair by President Donald Trump in Jan 2017 — was asked after the FCC’s Oct 23 public meeting whether he planned to remain in that post if the Democrats took over the House in the 2018 midterm elections.

FCC's O'Rielly Warns That Children's TV Rules Could Go Away

Federal Communications Commissioner Michael O'Rielly suggested the agency's children's video rules might be unconstitutional. He said a good case could, and had been, made that the rules are an abridgement of broadcasters' speech rights, and thus illegal. 

Child Advocates to FCC: Rules Were Not Made to Be Broken

A coalition of organizations told the Federal Communications Commission that the FCC should retain its children's programming rules. The Center for Digital Democracy, Campaign for a Commercial-Free Childhood, Common Sense Kids Action, Color of Change, Dr. Jenny Radesky, and the Benton Foundation wrote:

PTC: FCC Yet to Address Fundamental KidVid Questions

The Parents Television Council says the Federal Communications Commission needs to answer some fundamental questions before it decides to make any "material" changes to its children's TV rules, which would mean voting on an order stemming from the July Notice of Proposed Rulemakiing it approved launching the review of the rules. The questions PTC says have yet to be answered in the Notice of Propose Rulemaking:

AT&T to Court: DOJ Has No Legal Legs to Stand On

In a brief filed in court, AT&T argues that the Department of Justice used bad numbers to come to the wrong conclusion about AT&T-Time Warner merger and a lower court was right to reject that conclusion and allow the deal. AT&T pointed out in its brief to the US Court of Appeals for the DC Circuit that, "in the crucible of litigation, DOJ's claims were exposed to be both narrow and fragile," and ultimately fell apart. "Relying primarily on a theoretical model that purports to simulate the bargaining dynamics between programmers and pay-TV distributors, DOJ sought to prove that t

National Association of Manufacturers: FCC Got Net Neutrality Right

The National Association of Manufacturers (NAM) and US Chamber of Commerce are standing strongly behind the Federal Communications Commission's deregulation of internet access in the 2017 Restoring Internet Freedom Order.

ISPs Sue Vermont Over Net Neutrality Moves

The American Cable Association, NCTA-The Internet & Television Association, USTelecom and CTIA filed suit Oct 18 in a federal district court in Vermont against a law and executive order that attempt to regulate internet access and restore net neutrality rules rolled back by the Federal Communications Commission. "As the FCC has repeatedly recognized, internet traffic flows freely between states, making it difficult or impossible for a provider to distinguish traffic moving within Vermont from traffic that crosses state borders.