Court case

[Aug 12's] decision is a massive victory for US leadership in 5G, our nation’s economy, and American consumers. The court rightly affirmed the Federal Communications Commission’s efforts to ensure that infrastructure deployment critical to 5G—a key part of our 5G FAST Plan—is not impeded by exorbitant fees imposed by state and local governments, undue delays in local permitting, and unreasonable barriers to pole access.

I am pleased that the Ninth Circuit affirmed the wireless infrastructure reforms we adopted in September 2018. I thank the Federal Communications Commission staff who carefully crafted the order, and I congratulate the Office of General Counsel for their successful defense of our work. Small cells that power 5G were threatened by exorbitant fees and unnecessary delays—red tape that was tolerated when building macro towers but would have brought small cell deployment to a halt.

A federal appeals court has upheld most of the Federal Communications Commission's orders speeding the deployment of cell service buildouts by easing regulations on those 5G deployments, including pole attachments and various local reviews of buildouts. Specifically upheld were the Small Cell Order, the Moratoria Order, and the One Touch Make-Ready Order, all parts of the FCC's Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure order. 

Los Angeles, Boston, and other cities and counties have asked a federal court to block the Federal Communications Commission from overruling their authority to stop cell tower upgrades. The local governments, in a petition for review filed before the US Court of Appeals for the District of Columbia Circuit, argue that the FCC exceeded its statutory authority and acted arbitrarily and capriciously in violation of federal law.

A three-judge panel of the US Court of Appeals for the Ninth Circuit threw out an antitrust verdict against Qualcomm, overturning a ruling that had threatened the chip maker’s business model. The panel reversed a 2019 ruling by District Court Judge Lucy Koh, who found that Qualcomm had abused its monopoly position in wireless chips and overcharged mobile phone makers for its patents.

The Trump Administration and broadband industry are resuming their fight against California's network neutrality law, with the Department of Justice and Internet service provider lobby groups filing new complaints against the state Aug 5. The case is nearly two years old but was put on hold because California in Oct 2018 agreed to suspend enforcement of its law until after litigation over the Federal Communications Commission's repeal of US net neutrality rules and the FCC's attempt to preempt state net neutrality laws.

The Electronic Frontier Foundation (EFF) joined a group of 17 leading U.S.-based Internet freedom organizations (including the Benton Institute for Broadband & Society) in telling a federal appeals court that Trump administration appointee Michael Pack has no legal authority to purge leadership at the Open Technology Fund (OTF), a private, independent nonprofit that helps hundreds of millions of people across the globe speak out online and avoid censorship and surveillance by repressive regimes.

President Donald Trump’s reelection campaign filed defamation lawsuits against three of the country’s most prominent news outlets: The New York Times, The Washington Post and CNN. Then it filed another suit against a somewhat lower-profile news organization: northern Wisconsin’s WJFW-TV, which serves the 134th-largest market in the country.

The European Union's top court threw a large portion of transatlantic digital commerce into disarray, ruling that data of EU residents is not sufficiently protected from government surveillance when it is transferred to the United States. The European Court of Justice ruled that a commonly-used data protection agreement known as Privacy Shield did not adequately uphold EU privacy law. US security authorities have far-reaching access to personal data stored on US territory that “are not circumscribed” in a way that is equivalent to EU rules, the court ruled. The court said that it was

European Union judges have quashed a European Commission order for Apple to pay back €14.3 billion in taxes to Ireland in a landmark ruling that deals a big blow to Competition Commissioner Margrethe Vestager’s efforts to crack down on low-tax regimes in the bloc.  The ruling hands a big legal victory to Apple and reduces the prospect of opening up other low-tax arrangements for multinationals around the EU to state aid scrutiny by Brussels.  The EU’s second-highest court said that Brussels did not succeed in “showing to the requisite legal standard” that the tech giant had received an ille