Developments in telecommunications policy being made in the legal system.
Court case
Federal appeals court reinstates Texas social media law
A federal appeals court has reinstated a Texas state law that bans "censorship" on social media platforms such as Facebook and Twitter, allowing Texas to enforce the law while litigation continues. A US District Court judge had granted a preliminary injunction blocking the law in December 2021, ruling that it violates the social networks' First Amendment right to moderate user-submitted content.
ISPs Drop Challenge to California Net Neutrality Law
Lobbying groups representing broadband internet access service providers—including ACA Connects, NCTA, CTIA and USTelecom—dropped their challenge of a federal district court's ruling upholding California's net neutrality law. The ISPs had already lost a federal district court challenge to the law and two appeals court efforts to block enforcement. The suit was dismissed without prejudice, which means ISPs could refile it if they chose.
The landscape of lawsuits between big and small internet service providers
One thing that is extremely rare in the broadband industry is lawsuits between internet service providers (ISPs) concerning unfair trade practices. Big ISPs bully and compete unfairly against small ISPs all of the time, and yet you don’t hear of many cases where a small ISP sues the big ISP. There are several reasons for this. One is simple to understand – the big ISPs have a flock of in-house lawyers who can overwhelm anybody who sues them. Little ISPs don’t generally have the deep pockets needed to last through a long, protracted lawsuit.
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.