Developments in telecommunications policy being made in the legal system.
Court case
FCC Seeks Supreme Court Review of Media Ownership Decision
The Solicitor General of the United States, on behalf of the Federal Communications Commission, has asked the Supreme Court to review a US Third Circuit Court of Appeals decision overturning most of the FCC's media ownership deregulation decision, hammering the circuit for what the FCC suggested was serial obstruction of what it had concluded was in the public interest. The FCC said that it has been trying to grant the ownership deregulation for 17 years, thwarted by a series of decisions by a divided panel of the Third Circuit.
Frontier Communications Files for Chapter 11 Bankruptcy
Frontier filed for bankruptcy to implement a prearranged $10 billion debt-cutting proposal backed by the telephone and internet-service provider’s bondholders. The telecommunications company is the country’s No. 7 broadband provider by subscribers and the No. 4 incumbent telephone company after AT&T, CenturyLink and Verizon Communications, a legacy of the 1984 breakup of the Ma Bell monopoly. Frontier grew quickly over the past two decades by scooping up phone networks that other companies were eager to unload.
Trump Campaign Sues Wisconsin TV Station Over Critical Ad
President Donald Trump's reelection campaign is suing a Wisconsin TV station for running an anti-Trump commercial that pieces together audio clips of the president talking about the coronavirus outbreak in a way they argue is misleading and false. The ad by the Democratic super PAC Priorities USA features a series of soundbites in which Trump downplayed the threat posed by the virus, while a chart that is splashed across the screen gradually begins to shoot upward as cases of the virus skyrocketed across the US.
Answering the DC Circuit's Remand of the Pole Attachment Question
According to the DC Circuit’s logic, the Federal Communications Commission’s jurisdiction over broadband Internet access services now resides in some sort of regulatory purgatory.
Last year, the D.C. Circuit issued its opinion in Mozilla v. Federal Communications Commission in which the court largely upheld the Commission’s 2017 Restoring Internet Freedom Order that reversed the Obama Administration’s 2015 decision to apply common carrier regulation to the Internet. While the court upheld the bulk of the agency’s actions as reasonable under the Supreme Court’s rulings in Chevron and Brand X, the court also found that the agency lacked plenary preemption authority over state efforts to regulate the Internet under the FCC’s theory of the case.
Senators Call on FCC to Evaluate How Net Neutrality Repeal Negatively Impacts Public Safety, Universal Access, and Broadband Competition
Twenty-eight senators wrote a letter to the Federal Communications Commission demanding that it consider how repealing net neutrality could negatively impact public safety, universal access, and broadband competition. In October 2019, the US Court of Appeals for the D.C. Circuit upheld the Trump FCC’s repeal of the Open Internet Order as lawful but also ruled that the FCC failed to adequately consider public safety, the Lifeline program for low-income consumers, and competitive broadband providers’ access to poles needed to deploy their networks.
Commissioner Rosenworcel on Net Neutrality Deadline Extension
Today’s extension of the period for public comment about net neutrality is welcome. However, when it comes to collecting public feedback on what the FCC’s net neutrality repeal means when it comes to public safety and low-income consumers, an even longer extension would have been appropriate. The American public cares about net neutrality and should have every opportunity to let Washington know how important it is for every part of our civic and commercial lives.
Comment Deadline Extended in Net Neutrality Proceeding
The Federal Communications Commission's Wireline Competition Bureau grants a 21-day extension of time for filing comments and reply comments on the Public Notice seeking to refresh the record in the Restoring Internet Freedom and Lifeline proceedings. With this 21-day extension, comments are due on April 20, 2020, and reply comments are due on May 20, 2020.
Do Consumers Understand Google Results?
A federal appeals court grappled March 5 with whether average consumers know the difference between the ads and the organic search results that appear on Google. Arguing before the US Court of Appeals for the 2nd Circuit, 1-800 Contacts — which is seeking to reverse a Federal Trade Commission decision that its trademark agreements violated antitrust law — contended that they don’t understand.