Court case

House Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Communications Subcommittee Chairman Mike Doyle (D-PA): “The Trump Administration’s decision to abandon net neutrality continues to harm consumers and small businesses, leaving a few large corporations in control of an essential component of modern life.  In April, the House passed the Save the Internet Act to restore basic consumer protections online and preserve a free and open Internet.

FCC Chairman Ajit Pai: "Today’s decision is a victory for consumers, broadband deployment, and the free and open Internet. The court affirmed the FCC’s decision to repeal 1930s utility-style regulation of the Internet imposed by the prior Administration. The court also upheld our robust transparency rule so that consumers can be fully informed about their online options. Since we adopted the Restoring Internet Freedom Order, consumers have seen 40% faster speeds and millions more Americans have gained access to the Internet.

Gigi Sohn, Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy and a Benton Institute for Broadband & Society Senior Fellow & Public Advocate:  "The DC Circuit Court has spoken very clearly --  the states are now free to do what the FCC will not –- assert authority over the broadband market and protect an open Internet. Broadband providers will inevitably complain about having to comply with a so-called 'patchwork' of different state laws, but that is of their own making.

We uphold the 2018 Order, with two exceptions. First, the Court concludes that the Federal Communications Commission has not shown legal authority to issue its Preemption Directive, which would have barred states from imposing any rule or requirement that the FCC “repealed or decided to refrain from imposing” in the Order or that is “more stringent” than the Order. 2018 Order ¶ 195. The Court accordingly vacates that portion of the Order.

The city of Morgantown (WV) and DBI Networks LLC, doing business as ClearFiber, have reached a settlement in the lawsuit filed on June 4 by the fiber-optic Internet service provider. The suit, which was filed in US District Court, accused the city denying access to public rights-of-way by refusing to issue a license agreement, resulting in prohibition of service, bar to entry, discriminatory management of public rights of way, and a violation of due process.

“For more than twenty years," said Federal Communicatuions Commission Chairman Ajit Pai, "Congress has instructed the Federal Communications Commission to review its media ownership regulations and revise or repeal those rules that are no longer necessary. But for the last fifteen years, a majority of the same Third Circuit panel has taken that authority for themselves, blocking any attempt to modernize these regulations to match the obvious realities of the modern media marketplace.

The Third US Circuit Court of Appeals threw out changes to broadcast media ownership rules approved by the Federal Communications Commission in 2017, saying the agency should have looked more closely at potential impacts on minority ownership. The court  said it agreed with public-interest groups that “the Commission did not adequately consider the effect its sweeping rule changes will have on ownership of broadcast media by women and racial minorities.” The court will vacate and remand “the bulk of” the FCC’s actions over the last three years for further consideration by the agency.

A class action suit has been filed alleging that AT&T pumped up the subscriber count for its DirecTV Now streaming service (since rebranded to AT&T TV Now) to mask "serious technical problems due to premature roll-out." AT&T has recently reported subscriber losses across multiple platforms, including AT&T TV Now. The complaint claims that AT&T and "Executive Defendants," which includes CEO Randall Stephenson, "falsely depicted DirecTV Now as a fast-growing product with increasing subscribers and strong margins that would offset declining subscriber levels in AT&T’s o

Silicon Valley doesn’t just have to worry about antitrust action in Washington. States are becoming an important and perhaps more formidable force when it comes to addressing competition in the technology industry. “There’s been a tendency to just rely on the federal government to play the lead role,” said Gene Kimmelman, a senior adviser at Public Knowledge.

Waiting. That’s the name of the game for those anticipating the DC Circuit’s decision on the Federal Communications Commission's Restoring Internet Freedom order repealing Title II rules for broadband. The case was argued on Feb 1, 2019, so the Court could hand down a ruling any day now. But regardless of whether the decision is uphold or overturn, Americans deserve action on network neutrality from Congress. Statutory permanence for internet openness is the only way to end the ongoing uncertainty shrouding the internet ecosystem due to ever-changing rules.