Developments in telecommunications policy being made in the legal system.
Court case
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Benton Institute for Broadband & Society Files Petition for Review
"We are extremely pleased that the FCC has adopted new and powerful rules prohibiting digital discrimination. We have nonetheless challenged two small, but important provisions of the rules today in the U.S.
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Chamber of Commerce sues Federal Communications Commission Over Broadband Rule
The Chamber of Commerce, the Texas Association of Business, and the Longview Chamber of Commerce filed a lawsuit against the Federal Communications Commission (FCC) in the U.S. Court of Appeals for the Fifth Circuit over the Commission’s recent rulemaking that gives itself sweeping authority over the broadband marketplace.
Republican Attorneys General back Texas and Florida social media regulations at US Supreme Court
Social media companies should be treated as utilities such as telephone or telegraph companies, a group of states led by Republican attorneys general told the US Supreme Court. In a friend-of-the-court brief, 19 states and the state legislature of Arizona wrote that the Supreme Court should uphold laws passed by Texas and Florida that restrict companies including Meta, YouTube, X and others fro
Apple Changes Its App Store Policy. Critics Call the Moves ‘Outrageous.’
Apple's new App Store payment policies are stirring outrage among software developers who say the iPhone maker is skirting the intention of a court ruling. Apple will require developers to pay it a 27% commission if they use an alternative payment method, much like the company did in the Netherlands and South Korea in response to legal rulings over related issues in those countries. With this change, Apple is effectively saying “we refuse to back down,” said Fiona Scott Morton, a former antitrust official in the Obama administration.
Looking ahead: Will Universal Service Fund reform finally happen?
The Universal Service Fund (USF) – which financially supports several of the Federal Communications Commission's high-cost and low-income broadband programs, at roughly $8 billion annually – has been going through a tough time. This past year saw the USF dragged before federal court in cases brought by a conservative public interest group questioning the fund's legality. The Fifth and Sixth Circuit courts initially ruled against the petitioners, but the Fifth Circuit then agreed to hear the case en banc in September and has yet to rule.
Google settles $5 billion lawsuit claiming ‘incognito’ mode was not private
Google has tentatively settled a $5 billion lawsuit accusing the tech giant of secretly tracking the internet activities of millions of users who believed its Chrome browser protected their privacy while in “incognito” mode, according to court documents. The class action lawsuit, scheduled for a February 2024 trial, was temporarily halted by US District Judge Yvonne Gonzalez Rogers after a preliminary settlement was reached between Google and the consumers’ lawyers. The lawsuit, originally filed in 2020, claimed that users in “incognito” mode were misled by Google’s Chrome browser, thinking
Google Allows More App Payment Options in Antitrust Deal With States
Google will allow developers on its Play app store to offer direct payment options to users in the company’s latest move to navigate increased regulatory scrutiny of its power. Google will allow apps to charge consumers directly rather than having to charge through Google.
102 million people eligible for Google’s lawsuit settlement
Tens of millions of U.S. consumers will get a payout as Google shells out $700 million to settle an antitrust lawsuit brought by state prosecutors over the high fees it charges app developers. Google will pay $630 million into a fund that will be divided among an estimated 102 million eligible consumers across all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, according to the settlement terms for Utah et al v. Google.
Third Court Upholds Legality of Universal Service Fund
A third US Appeals Court has concluded that the Federal Communications Commission is on sound constitutional footing when it comes to delegating oversight of the billions of dollars in government advanced telecommunications subsidy money it hands out annually with a big assist from the Universal Service Administrative Company (USAC). The 11th US Circuit Court of Appeals ruled that the FCC is within its authority to delegate administration of those funds through a private company—USAC—because the government regulator maintains control and oversight.
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Benton Welcomes Circuit Court Decision that Underscores the Importance and the Validity of the Universal Service Fund
"The USF is a critical tool to provide, among other things, Lifeline internet and voice service to low-income Americans, and reduced-rate internet access to schools, libraries and healthcare providers. Today's opinion underscores the importance—and the validity—of the Congressionally-mandated USF program.