Court case

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.

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

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.

[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.

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.

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, 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.

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.

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.

The Electronic Frontier Foundation (EFF) joined a group of 17 leading U.S.-based Internet freedom organizations (including the Benton Institute for Broadband & Society) in telling a federal appeals court that Trump administration appointee Michael Pack has no legal authority to purge leadership at the Open Technology Fund (OTF), a private, independent nonprofit that helps hundreds of millions of people across the globe speak out online and avoid censorship and surveillance by repressive regimes.