Court case

Tricks, Not Treats: New America Slams FCC’s ‘Unhinged’ October Surprise on Net Neutrality

After Federal Communications Commission Chairman Ajit Pai announced an Oct 27 vote to reaffirm the 2017 repeal of net neutrality, Joshua Stager, senior counsel at New America’s Open Technology Institute said: “This is an October surprise that nobody wanted except for AT&T and Comcast lobbyists. A federal court ruled that the FCC was 'unhinged from reality' when it repealed net neutrality in 2017, and yesterday's announcement shows that Chairman Pai's perspective remains unhinged.

Commissioner Rosenworcel on FCC's Latest Move to Harm Net Neutrality

The Federal Communications Commission announced that it will address 2019’s court remand of key elements of the FCC’s rollback of net neutrality. In particular, the court decision took the agency to task for disregarding its duty to consider how the FCC’s decision threatened public safety, service for low-income households, and broadband infrastructure. Commissioner Jessica Rosenworcel said, “This is crazy. The internet should be open and available for all...Now the courts have asked us for a do-over.

Halloween Treats

I can say for sure that the agenda for the Commission’s October meeting will be filled with treats for consumers and innovators. 

Supreme Court to Review FCC Push to Undo Media Ownership Restrictions

The Supreme Court will review a decades-old legal battle over whether the Federal Communications Commission can make media ownership rules less restrictive. In particular, the court will review a ban that has been in place since 1975, barring cross-ownership of TV stations and newspapers in major American cities (although some exceptions have been made). The ban has gained renewed interest from the FCC in recent years. In October 2017, the FCC voted to remove the ban, along with restrictions on local media advertising.

Biggest names in net neutrality join fight to save California law

More than two dozen advocacy groups have filed briefs with a federal court supporting California’s net neutrality law as it faces an attempt to block it by the Department of Justice. The groups filed two separate amicus curiae, or friend of the court briefs, in the United States District Court for the Eastern District of California. The briefs were put together by some of the biggest groups who advocate for net neutrality.

In Net Neutrality Proceeding, USTelecom Tells FCC that Broadband Costs are Decreasing

In its 2020 Broadband Pricing Index (BPI) Report, USTelecom shows decreasing cost and increasing value of broadband service in the United States. USTelecom entered the research into open Federal Communications Commission proceedings refreshing the record on Lifeline and network neutrality in light of the DC Circuit’s Mozilla Decision.

California Defends Its Net Neutrality Law

California filed a brief in the lawsuit by the United States and Internet service providers like AT&T and Comcast that seeks to overturn California’s net neutrality law.

Judge green lights Frontier's bankruptcy exit financing

Frontier Communications received a judge's stamp of approval for its bankruptcy exit financing. In the US Bankruptcy Court for the Southern District of New York, Judge Robert Drain approved Frontier's bankruptcy exit financing after the motion was unopposed by other stakeholders. 

European Union's top court supports net neutrality rules

The European Union's highest court has given its support to the bloc's rules that stop internet providers from charging customers for preferential access to their networks. The European Court of Justice issued its first interpretation of the EU's net neutrality rules since they were adopted in 2015. The court backed the principle of an open internet after Hungarian wireless carrier Telenor Magyarorszag had sought an interpretation of the rules.

Mississippi subpoenas AT&T for records on $300M project

The state of Mississippi is asking AT&T to provide records of the work it promised to do to expand broadband access in the state after the Public Service Commission gave the company almost $300 million, officials said. Public Service Commissioner Brandon Presley has signed an investigative subpoena for records from AT&T related to the company’s claim to have made internet service available to 133,000 locations in the state through the Connect America Fund, a federal program for expanded broadband in rural areas of the US.

Frontier Bankruptcy Plan Approved by Bankruptcy Court

The US Bankruptcy Court for the Southern District of New York approved Frontier's bankruptcy plan which will reduce the company’s debt by $10 billion, giving the company what it says it needs to emerge from bankruptcy and position itself for long term growth. Much of the company’s debt was accumulated from high profile acquisitions of Verizon network assets.

Apple Judge ‘Inclined’ to Unblock Epic’s Unreal Engine But Not Fortnite

US District Judge Yvonne Gonzalez Rogers is “inclined” not to order Apple to immediately reinstate the Fortnite app as the companies faced off in their first courtroom showdown. Judge Gonzalez Rogers said that the dispute over Apple’s App Store isn’t a “slam dunk” for either side.

When regulators fail to reign in Big Tech, some turn to antitrust litigation

When it comes to keeping monopolists in check, the government has played the leading role, from President Teddy Roosevelt battling the railroad at the turn of the century to the Department of Justice taking on Microsoft in the 1990s.

Indianapolis Sues Netflix, Hulu, Disney Plus to Collect 5% Cable Franchise Fee

Four Indiana cities, including Indianapolis, have jointly filed suit in a local state court, seeking to collect “franchise fees” usually charged to cable operators from Netflix and several other video operators, none of which are cable providers. Defendants also include Disney Plus and Hulu, as well as satellite TV companies DirecTV and Dish Network.

Apple cuts off Epic from its tools, endangering future Unreal Engine projects on iOS and Mac

Epic Games, locked in a legal battle with Apple and Google over developer payments, now says Apple is threatening to cut the company off from developer accounts and iOS and Mac development tools. This decision, expected to go into effect Aug. 28, might have widespread effects on App Store development.

Charter can charge online video sites for network connections, court rules

Charter can charge Netflix and other online video streaming services for network interconnection despite a merger condition prohibiting the practice, the US Court of Appeals for the District of Columbia Circuit ruled. the decision overturns two merger conditions that the Obama administration imposed on Charter when it bought Time Warner Cable and Bright House Networks in 2016.

Justice Department Brings Enforcement Action Against Centurylink

The Department of Justice announced that CenturyLink has agreed to settle allegations that CenturyLink violated the court-ordered Final Judgment designed to prevent anticompetitive effects arising from its acquisition of Level 3 Communications. Despite provisions in the Final Judgment barring CenturyLink from soliciting customers that switched to the buyer of the divestiture assets, CenturyLink failed to comply, initiating contact on over 70 occasions over more than a year with former Level 3 customers who elected to switch to the divestiture buyer in the Boise City-Nampa, Idaho MSA (Boise

Trump administration asks court to dismiss challenge to social media executive order

The Trump administration has filed a motion asking a court to dismiss a lawsuit against the president’s executive order targeting social media companies, calling it a “profound misunderstanding.” The lawsuit was brought in June by the Center for Democracy and Technology. CDT argued Trump’s social media executive order violates the First Amendment rights of social media companies, will chill future online speech and reduce the ability of Americans to speak freely online.

Chairman Pai on Major FCC Victory in 5G Infrastructure Case

[Aug 12's] decision is a massive victory for US leadership in 5G, our nation’s economy, and American consumers. The court rightly affirmed the Federal Communications Commission’s efforts to ensure that infrastructure deployment critical to 5G—a key part of our 5G FAST Plan—is not impeded by exorbitant fees imposed by state and local governments, undue delays in local permitting, and unreasonable barriers to pole access.

FCC Commissioner Carr Lauds Ninth Circuit Decision Upholding Small Cell REforms

I am pleased that the Ninth Circuit affirmed the wireless infrastructure reforms we adopted in September 2018. I thank the Federal Communications Commission staff who carefully crafted the order, and I congratulate the Office of General Counsel for their successful defense of our work. Small cells that power 5G were threatened by exorbitant fees and unnecessary delays—red tape that was tolerated when building macro towers but would have brought small cell deployment to a halt.

Court Upholds Most of FCC's 5G Deployment Deregulation

A federal appeals court has upheld most of the Federal Communications Commission's orders speeding the deployment of cell service buildouts by easing regulations on those 5G deployments, including pole attachments and various local reviews of buildouts. Specifically upheld were the Small Cell Order, the Moratoria Order, and the One Touch Make-Ready Order, all parts of the FCC's Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure order. 

Los Angeles, Other Cities Sue to Block FCC Cell Tower Order

Los Angeles, Boston, and other cities and counties have asked a federal court to block the Federal Communications Commission from overruling their authority to stop cell tower upgrades. The local governments, in a petition for review filed before the US Court of Appeals for the District of Columbia Circuit, argue that the FCC exceeded its statutory authority and acted arbitrarily and capriciously in violation of federal law.

In Victory for Qualcomm, Appeals Court Throws Out Antitrust Ruling

A three-judge panel of the US Court of Appeals for the Ninth Circuit threw out an antitrust verdict against Qualcomm, overturning a ruling that had threatened the chip maker’s business model. The panel reversed a 2019 ruling by District Court Judge Lucy Koh, who found that Qualcomm had abused its monopoly position in wireless chips and overcharged mobile phone makers for its patents.

Trump Administration shrugs off FCC court loss to fight California net neutrality law

The Trump Administration and broadband industry are resuming their fight against California's network neutrality law, with the Department of Justice and Internet service provider lobby groups filing new complaints against the state Aug 5. The case is nearly two years old but was put on hold because California in Oct 2018 agreed to suspend enforcement of its law until after litigation over the Federal Communications Commission's repeal of US net neutrality rules and the FCC's attempt to preempt state net neutrality laws.