Court case

Developments in telecommunications policy being made in the legal system.

Supreme Court to hear racial discrimination case against Comcast

The Supreme Court said that it would hear a case alleging that Comcast discriminated against an African-American owned media company in declining to take up its channels. The justices said in an unsigned order that the court will consider whether the network needs to prove that Comcast meant to act in a discriminatory way in the case. Byron Allen, the owner of the Entertainment Studios Network (ESN), alleged that Comcast violated the Civil Rights Act of 1866 in rejecting to carry his channels.

Court declines to hold edge providers liable for false third-party content posted on their sites, even if they know info is false

The US Court of Appeals for the DC Circuit has declined to hold edge providers liable for false third-party content posted on their sites, even if they know the information being posted is false. Google, Microsoft and Yahoo! are not responsible for flooding the online search market with info on "scam" locksmiths, if the market has been so flooded, because such liability is barred by the Communications Decency Act, whose much-in-the-news Sec. 230 holds that the edge can't be treated as a publisher of third party content on their platforms.

Tacoma faces two legal challenges over new business model for Click

Two parties have gone to court to try to put to a vote of the public the city of Tacoma’s proposal to enter into a private-public partnership to manage Click, the municipal cable and internet network. Both cases, filed recently in Pierce County Superior Court, contend the proposal violates the city’s charter, a charge the city rejects. The section of the charter in dispute is Section 4.6, titled, “Disposal of Utility Properties.” It states: “The City shall never sell, lease, or dispose of any utility system

'New York Times' Presses For Information About Net Neutrality Comments

The New York Times Company is urging a judge to order the Federal Communications Commission to disclose information about network neutrality commenters, despite the agency's objections that doing so could compromise people's privacy. “The FCC’s claims dramatically overstate the potential for harm,” the Times writes in court papers filed May 23 with the US District Court in the Southern District of New York.

Judge Rules Qualcomm’s Practices Violate Antitrust Law, Orders Changes

Qualcomm unlawfully suppressed competition in the market for cellphone chips and used its dominant position to exact excessive licensing fees, a federal judge ruled in a decision that could challenge the company’s business model and shake up the smartphone industry. US District Judge Lucy Koh sided sided with the Federal Trade Commission, which brought an antitrust lawsuit against Qualcomm in January 2017. Judge Koh found that Qualcomm violated antitrust law, charging unreasonably high royalties for its patents and eliminating rivals.

Man Sentenced for Threatening to Murder Family of FCC Chairman

A California man was sentenced to more than one and a half years in prison for threatening to kill the family of Federal Communications Commission Chairman Ajit Pai. On or about Dec 19 and 20, 2017, Markara Man, 33, of Norwalk (CA), sent three emails to Chairman Pai’s email accounts. The first email accused Chairman Pai of being responsible for a child who allegedly had committed suicide because of the repeal of net neutrality regulations. The second email listed three locations in or around Arlington (VA) and threatened to kill the Chairman’s family members.

5G Has a 'Not In My Backyard' Problem

For 5G boosters, the benefits of installing the wireless technology are obvious: It allows delivery of super-fast internet speeds. But to hook up the “small cells” that power 5G grids, wireless providers have to install thick wires and poles and antennae on nearly every block they want to cover, outfitted with equipment that is about the size of a large backpack. It’s not just that 5G requires a lot of gear, which alone can provoke the not-in-my-backyard (NIMBY) backlash that puts a stop to all sorts of projects. It’s also that some people really don’t like it when they see it.

Supreme Court rules against Apple, allowing lawsuit targeting App Store to proceed

Apple suffered a significant defeat at the Supreme Court, when the justices ruled that consumers could forge ahead with a lawsuit against the tech giant over the way it manages its App Store. The 5-4 decision allows device owners to proceed with a case that alleges Apple has acted as a monopoly by requiring iPhone and iPad users to download apps only from its portal while taking a cut of some sales made through the store. The legal question in the case was whether the suit was barred by a 1977 decision, Illinois Brick Co. v.

FCC Battles New York Times Over Net Neutrality Comments

Striking back at The New York Times Company, the Federal Communications Commission is urging a judge to rule that the agency need not disclose information about net neutrality commenters because doing so would compromise their privacy. “If the FCC is compelled to disclose an individual’s IP address, operating system and version, browser platform and version, and language settings, and that information is linked to the individual’s publicly-available name and postal address, that disclosure would result in clearly unwarranted invasions of personal privacy,” the FCC argues in papers filed wit

DOJ weighs in on FTC’s case against Qualcomm

The Justice Department weighed in on a years-long legal battle between the Federal Trade Commission and Qualcomm, warning that the outcome in the case could hurt the ability of US companies to compete in 5G wireless technology. The Federal Trade Commission first sued Qualcomm in Jan 2017, claiming the maker of mobile phone technology violated antitrust rules in its licensing agreements with phone manufacturers. Qualcomm fought the charges at trial in Jan 2019, and US District Judge Lucy Koh has yet to make a ruling in the case.