Court case

There is more Wi-Fi spectrum on the way due to a US Court of Appeals for the District of Columbia decision which rejected a legal challenge from the Intelligent Transportation Society of America and the American Association of State Highway and Transportation Officials. They asked the court to vacate the Federal Communications Commission's 2020 order to repurpose some of the spectrum that had been reserved for smart cars. The FCC had originally given the auto industry a year to vacate the lower 45 MHz of spectrum. This spectrum will be available for home Wi-Fi.

Indiana  Attorney General Todd Rokita announced a $15 million settlement with Frontier Communications to ensure that Hoosiers receive the services for which they have paid. The settlement especially benefits residents living in rural communities. In May 2021, Attorney General Rokita sued Frontier Communications alleging they violated the Indiana Deceptive Consumer Sales Act. The Federal Trade Commission and several other states also sued the company. Specifically, the lawsuit argued the company misrepresented internet speeds and reliability to consumers.

The Office of the Attorney General for Connecticut announced a settlement with Frontier Communications worth over $60 million to dramatically expand access to high-speed internet for Frontier customers in economically distressed communities, end a hidden monthly $6.99 internet surcharge, and force significant improvements in Frontier’s marketing and customer service.

Facebook corporate parent Meta has reached a tentative settlement in a lawsuit alleging the world’s largest social network service allowed millions of its users’ personal information to be fed to Cambridge Analytica, a firm that supported Donald Trump’s victorious presidential campaign in 2016. Terms of the settlement weren’t disclosed in court documents filed Aug 26. The filing in San Francisco federal court requested a 60-day stay of the action while lawyers finalize the settlement. That timeline suggested further details could be disclosed by late October.

A legal decision in New York State found that the Village of Flower Hill reserved the right to deny ExteNet, an agent of Verizon Wireless, from placing small cell sites within the Village. The decision raises interesting legal and other issues about telecommunications infrastructure. ExteNet was hired by Verizon Wireless to place 66 small cells site in and around the Village, including 18 within the Village, for the stated purpose of strengthening the existing 4GLTE network.

The Federal Communications Commission won an important battle in a fight to free up more unlicensed wireless spectrum for Wi-Fi devices. A federal appeals court on August 12 sided with the FCC in its decision to reallocate a big chunk of key spectrum for an expansion of unlicensed Wi-Fi use. The spectrum had previously been set aside for auto safety.

Two dozen Texas cities have sued streaming giants Netflix, Hulu and Disney Direct-to-Consumer for not paying what the municipalities said are the millions in franchise fees that the streaming services owe them. A favorable decision could lead to millions more from other cities seeking more funds for municipal services. The cities are alleging that the streamers should be paying annual franchise fees back to 2007, as they said is required by the Public Utility Regulatory Act (PURA). Those are the fees that cable/broadband operators provide that go toward city services.

Major book publishers are pressing a judge to rule that an 11-year-old digital lending program established by the nonprofit Internet Archive infringes copyright. “Masquerading as a not-for-profit library, Internet Archive digitizes in-copyright print books on an industrial scale and distributes full-text digital bootlegs for free,” lawyers for Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House write in papers filed with US District Court Judge John Koeltl in the Southern District of New York.

It’s time to look anew at individual rights and to broaden our discussion of them to include where we have sometimes gone wrong in safeguarding those rights. This demands more than just questioning court nominees about stare decisis, important as that may be. This is a discussion for we, the people to be involved in. As we ponder the inroads the current high court is making into areas where it really has little writ to intervene, let’s wake up to the fact that its actions are tossing real Constitutionalism out the door, on both policy and process. I say this not to disparage.

For most people, the Supreme Court’s decision in West Virginia v. Environmental Protection Agency was about environmental policy and what the Environmental Protection Agency can still do to cut carbon emissions. For a smaller subset, mostly lawyers, W. VA v. EPA was an important (but confusing) administrative law case what we will spend a bunch of time arguing about how to apply to agencies generally.