Developments in telecommunications policy being made in the legal system.
Court case
Texas governor signs bill prohibiting social media giants from blocking users based on viewpoint
Gov. Greg Abbott (R-TX) signed a bill that would prohibit large tech companies from blocking or restricting people or their posts based on their viewpoint, setting the stage for a legal battle with the tech industry.
EU Court states ‘zero tariff’ options are contrary to regulation on open internet access
Two German courts put questions to the European Union Court of Justice concerning the compatibility with EU law of the limitation, on the part of an internet access provider, on bandwidth, tethering or on use when roaming, where the customer chooses such a ‘zero tariff’ option.
CenturyLink Settles Second Level 3 Deal Term Violation
CenturyLink, since renamed Lumen, has agreed to pay the Department of Justice (DOJ) $275,000 to settle the department's complaint stemming from the company's violation of the terms of its acquisition of Level 3 Communications. According to the DOJ, it is the second such violation by CenturyLink. The DOJ will file a civil contempt claim in DC federal court and at the same time ask the court to accept the settlement, which resolves the claim. “CenturyLink is a repeat offender,” said acting Assistant Attorney General Richard Powers of the Antitrust Division.
Democrats push for federal probe of alleged ad collusion between Google and Facebook
Four Democratic members of Congress are calling for an investigation into whether an alleged secret 2018 agreement between Google and Facebook concerning digital advertising violated federal antitrust law. Sen Elizabeth Warren (D-MA), Sen Richard Blumenthal (D-CT), Rep Pramila Jayapal (D-WA), and Rep Mondaire Jones (D-NY) wrote a letter to Attorney General Merrick Garland and Acting US Attorney General Nicholas Ganjei asking them to determine whether federal charges might be warranted.
Federal Trade Commission Refiles Facebook Antitrust Suit
The Federal Trade Commission filed an amended complaint against Facebook in the agency’s ongoing federal antitrust case. The complaint alleges that after repeated failed attempts to develop innovative mobile features for its network, Facebook instead resorted to an illegal buy-or-bury scheme to maintain its dominance. It unlawfully acquired innovative competitors with popular mobile features that succeeded where Facebook’s own offerings fell flat or fell apart.
FCC Opposes Private Suits Over Alleged Wireless Buildout Rule Violations
Federal Communications Commission attorneys have told a US district court that the agency does not think individuals can sue over alleged violations of various FCC rules regarding wireless transmissions or infrastructure. This comes as the FCC is working to promote the buildout of 5G, which has been a national priority under both Republican and Democratic administrations. The US District Court for the District of Hawaii asked the FCC for input on the issue of private rights of action and whether, in the case of alleged violations of RF emission regulations and ones regarding antenna height
California Public Utilities Commission rules T-Mobile lied about Sprint merger
T-Mobile lied to government regulators about its 3G shutdown plans in order to win approval of its merger with Sprint, according to a ruling from the California Public Utilities Commission (CPUC).
Google files to dismiss Ohio lawsuit to declare search engine a public utility
Google is seeking to dismiss a lawsuit brought by the Ohio attorney general seeking to declare the company's search service a public utility. Ohio Attorney General Dave Yost (R-OH) filed the lawsuit in June, arguing Google has used its dominance to prioritize its own products in a way that “intentionally disadvantages competitors.” Google’s lawyers argue in a court motion that the company does not meet the state’s requirements to be considered a common carrier. “Ohio’s Complaint mistakenly assumes Google Search is a common carrier or public utility because Ohioans choose to use Google Searc
Court Won't Stay FCC 5.9 GHz Decision
The US Court of Appeals for the DC Circuit won't stay the Federal Communications Commission's decision to free up the spectrum that had been licensed for vehicle-to-vehicle communications for unlicensed Wi-Fi.
FTC's lead economics expert in Facebook antitrust suit leaves the agency
Carl Shapiro, the lead economics expert in the Federal Trade Commission’s antitrust suit against Facebook, has parted ways with the agency—adding yet another impediment to the regulator’s largest court fight. The University of California-Berkeley economist has criticized new FTC Chair Lina Khan’s aggressive approach to antitrust enforcement, and she in turn has faulted the agency’s traditional reliance on economists’ analyses in its fights against alleged monopolists.