Court case

Developments in telecommunications policy being made in the legal system.

US appeals court will not reconsider California net neutrality ruling

The 9th US Circuit Court of Appeals will not reconsider its decision in January to uphold California's net neutrality law. California's 2018 law barred internet service providers from blocking or throttling traffic, or offering paid fast lanes, but it only took effect in 2021.

FCC Announces $13.4 Million Settlement with Major Lifeline Provider

The Federal Communications Commission announced that the FCC and Department of Justice (DOJ) have reached a $13.4 million settlement with TracFone Wireless in connection with violations of FCC Lifeline program rules. Specifically, the settlement resolves allegations that TracFone violated the False Claims Act by signing up more than 175,000 ineligible customers for the Lifeline program during 2012-2015 and that the false claims resulted from TracFone’s lax oversight and monitoring of its Lifeline program.

Can Courts Mandate Better Broadband?

In April 2021, State District Court Judge Matthew Wilson in New Mexico ordered school officials to take steps to provide the needed devices and broadband connections for students who are forced to attend school remotely. This ruling was made during the deepest part of the pandemic when most schools in New Mexico were shut down. His ruling was based upon complaints that The New Mexico Public Education Department was not complying with a court decision in the case of Yazzie/Martinez v.

Meta's antitrust defense: a blizzard of subpoenas

Meta —the parent company for Facebook, Instagram and WhatsApp — could drag hundreds of competitors into its legal battle, aiming to slow the Federal Trade Commission's prosecution and "bury" its lawyers in paperwork.

Cox Moves to Overturn $1 Billion Music Suit

Lawyers for Cox Communications will begin oral arguments on March 9 in the appeal of a $1 billion copyright infringement award that it says is not only wrong on a legal basis, but could upend the entire broadband industry if it is allowed to stay.

Former Sprint wireless dealers file suit against T-Mobile

Using terms like “predatory” and “anti-competitive,” four retail wireless dealers filed suit against T-Mobile in recent weeks, all saying they were basically run out of business since the operator's merger with Sprint. Absolute Wireless, Maycom, Solutions Center and Wireless Express each named T-Mobile in their complaints. All of them previously sold wireless services for Sprint.

Monitoring of Trump Internet Traffic Sparks New Dispute in Durham Probe

Legal memos filed in recent days in the case against a former lawyer for the 2016 Clinton campaign, Michael Sussmann, reignited disputes over special counsel John Durham’s continuing probe into the origins of the FBI’s investigation into ties between the Trump campaign and Russia. Durham said in a filing that his office would show at Sussmann’s trial

California Public Utilities Commission denies petition by Dish to stall CDMA network shutdown

In what’s described as a “proposed decision,” California Public Utilities Commission (CPUC) Administrative Law Judge Karl Bemesderfer has denied a petition by Dish Network that seeks more time in migrating CDMA customers off T-Mobile’s network. In a filing in early February 2022, the CPUC said the decision by ALJ Bemesderfer has no legal effect “until and unless” the commission hears the item and votes to approve it. The item may be heard, at the earliest, at the California commission’s March 17 meeting. But it essentially signals defeat for Dish at the CPUC level on this item.

More states could act after internet service providers lose latest California net neutrality challenge

The US Ninth Circuit Court of Appeals dealt internet service providers (ISP) groups a blow, as a three-judge panel upheld the state of California’s right to implement its own net neutrality rules. Analysts at New Street Research tipped the decision to prompt more state action on the issue; Blair Levin of New Street Research argued the ruling opens the door for states with similar views on net neutrality to pass their own regulations.

Benton Applauds California's Net Neutrality Court Victory

This is the right decision. It will ensure that the people of California will continue to have unfettered internet access, blocks internet providers from discriminating against websites for financial or political gain, and reduces the chance that their customers will be ripped off.