Court case

Developments in telecommunications policy being made in the legal system.

Did Apple throttle your iPhone? Settlement will give you a whopping $25

iPhone users are slated to get $25 each from an up-to-$500 million settlement of a class-action lawsuit over Apple's decision to throttle the performance of iPhones with degraded batteries. People eligible for the payments are US residents who used affected versions of iOS before December 21, 2017, on the iPhone 6, 6 Plus, 6S, 6S Plus, 7, 7 Plus, or SE.

First Amendment doesn’t apply on YouTube; judges reject PragerU lawsuit

YouTube is a private forum and therefore not subject to free-speech requirements under the First Amendment, a US appeals court ruled. "Despite YouTube's ubiquity and its role as a public-facing platform, it remains a private forum, not a public forum subject to judicial scrutiny under the First Amendment," the court said.

Supreme Court Justice Clarence Thomas regrets Brand X ruling that FCC Chairman Pai used to kill net neutrality

Supreme Court Justice Clarence Thomas wants a do-over on his 2005 decision in a case that had a major impact on the power of federal agencies and regulation of the broadband industry. In National Cable & Telecommunications Association v. Brand X Internet Services, better known as Brand X, Justice Thomas wrote the 6-3 majority opinion that upheld a Federal Communications Commission decision to classify cable broadband as an information service. But in a dissent on a new case released Feb 24, Justice Thomas wrote that he got Brand X wrong.

AT&T loses key ruling in class action over unlimited-data throttling

AT&T's mandatory-arbitration clause is unenforceable in a class-action case over AT&T's throttling of unlimited data, a panel of US appeals court judges ruled. The nearly five-year-old case has gone through twists and turns, with AT&T's forced-arbitration clause initially being upheld in March 2016.

Commissioner Rosenworcel On FCC Seeking Public Comment On Net Neutrality Remand

The FCC got it wrong when it repealed net neutrality. The decision put the agency on the wrong side of history, the American public, and the law. And the courts agreed. That’s why they sent back to this agency key pieces regarding how the rollback of net neutrality protections impacted public safety, low income Americans, and broadband infrastructure. Today, the FCC is seeking comment on how best to move forward. My advice? The American public should raise their voices and let Washington know how important an open internet is for every piece of our civic and commercial lives.

FCC Seeks to Refresh Net Neutrality Docket

In Mozilla Corp. v. FCC,  the U.S. Court of Appeals for the District of Columbia Circuit upheld the vast majority of the Federal Communications Commission’s 2017 decision to end net neutrality protections. However, the court also remanded three discrete issues for further consideration by the FCC. On February 6, 2020, the D.C. Circuit denied all pending petitions for rehearing, and the Court issued its mandate on February 18, 2020. With this Public Notice, the Wireline Competition Bureau seeks to refresh the record regarding the issues remanded to the FCC by the Mozilla Court.

Reactions to Court Decision on T-Mobile-Sprint Merger

A federal judge has ruled in favor of Sprint and T-Mobile’s $26 billion merger. 

Judge Approves T-Mobile-Sprint Deal Affecting 100 Million Customers

Judge Victor Marrero of the United States District Court in Manhattan ruled in favor of T-Mobile’s takeover of Sprint in a deal that would further concentrate corporate ownership of technology, combining the nation’s third- and fourth-largest wireless carriers and creating a new telecommunications giant to take on AT&T and Verizon. The decision concluded an unusual suit filed in June by attorneys general from 13 states and the District of Columbia. The challenge was brought after regulators at the Department of Justice and Federal Communications Commission approved the deal.

How cities dictate the pace of 5G deployment

Just how fast Americans can access 5G wireless service depends, in large part, on how effectively the guts of the network — namely, hundreds of thousands of bulky antennas — are placed in cities.

Court Dismisses Challenge of FCC Phone Deregulation

The 9th U.S. Circuit Court of Appeals denied a legal challenge from Public Knowledge, The Greenlining Institute and other groups to Federal Communications Commission Chairman Ajit Pai’s 2017 rollback of certain Obama-era requirements for phone companies angling to transition off of legacy copper networks. “This is a victory for American consumers, who will benefit from faster fiber deployment and the increased availability of next-generation services,” Chairman Pai said. He has touted the deregulation as critical for allowing the transition to more advanced, IP-based networks.