Developments in telecommunications policy being made in the legal system.
Court case
T-Mobile/Sprint deal faces another setback
T-Mobile’s attempt to buy Sprint and close the deal faced another setback when US District Judge Timothy Kelly extended his Tunney Act review of the Department of Justice settlement into mid-February. He said he would consider friend-of-the-court briefs on the proposed transaction. The briefs must be limited to 20 pages and filed by January 24, with the parties responding by February 7. “We had initially expected this routine review to end in mid-November.
Landmark Facebook Settlement Still Working Its Way Through Court
Almost six months after Facebook agreed to a $5 billion settlement of privacy violations, the issue is anything but settled. The deal with the Federal Trade Commission announced in July to settle allegations that Facebook broke its promises to protect users’ privacy is still under review by a federal judge, who has been weighing objections from opponents who believe the deal is inadequate.
US Probe of T-Mobile-Sprint Deal Was ‘Cursory,’ States Say
States suing to block T-Mobile's proposed acquisition of Sprint urged the federal judge overseeing the landmark antitrust trial not to defer to the Trump administration’s approval of the $26.5 billion deal. Lawyers for NY and CA, which are leading the lawsuit for the states, said in a filing late Jan 8 that the deal’s approval by the Justice Department and the Federal Communications Commission doesn’t carry any special weight and should be ignored by the judge.
Careful What You Text
Department of Justice Antitrust Chief Makan Delrahim is facing congressional scrutiny over his recently revealed texts with DISH Chairman Charlie Ergen, according to a set of questions for the record from House Judiciary Antitrust Subcommittee Chairman David Cicilline (D-RI). I
5G Infrastructure Fight Between Cities, FCC to Continue in 2020
A fight between the Federal Communications Commission and dozens of cities over the placement of 5G infrastructure will continue to play out in federal court in 2020, with oral arguments scheduled for February. At issue is whether the Federal Communications Commission can restrict how much municipalities can charge wireless carriers like AT&T Inc. to attach pizza box-sized wireless antennas, or small cells, to light poles and other city-owned infrastructure.
T-Mobile/Sprint deal is good actually, Feds tell court in states’ lawsuit
In a Dec 20 court filing, the Department of Justice and the Federal Communications Commission argued that T-Mobile's purchase of Sprint is in the best interest of the US, and any nationwide injunction holding up the merger would block "substantial, long-term, and procompetitive benefits for American consumers." The argument, in large part, boils down to: trust us, we're the experts. "Both the Antitrust Division and the FCC have significant experience and expertise in analyzing these types of transactions and do so from a nationwide perspective," the agencies write.
T-Mobile's Merger Trial Has Been All About Dish
The future of the American mobile broadband industry has hinged on a small courtroom in lower Manhattan, where carriers and regulators are squaring off over a plan to reshape the wireless business as we know it. The last hurdle to T-Mobile's purchase of Sprint is a federal lawsuit, filed by ten state attorneys general in the Southern District of New York, accusing the merger of being anti-competitive. This is regulators’ last chance to stop the merger from going through, by proving that a merged T-Mobile will mean higher prices and worse service for wireless customers.
Apple suppressed competitors in its App Store — until it got caught, a lawsuit alleges
An email app developer says it has uncovered new data that suggests Apple has long been suppressing the rankings of apps in the App Store that compete with Apple’s own offerings, according to new court filings by the developer, which sued Apple in October for patent infringement and antitrust violations. Blix, which developed the BlueMail app, made the discovery only when Apple’s rankings suddenly changed in its favor.
How a Top Antitrust Official Helped T-Mobile and Sprint Merge
As the $26 billion blockbuster merger between T-Mobile and Sprint teetered this summer, Makan Delrahim, the head of the Justice Department’s antitrust division, labored to rescue it behind the scenes, according to text messages revealed in a lawsuit to block the deal. Delrahim connected company executives with the Federal Communications Commission and members of Congress.
EU Legal Opinion on Facebook Case Spells Trouble for Data Transfers
Companies, including US tech giants, should be blocked from transferring European users’ data in some cases if they can’t guarantee it will be handled in compliance with European Union privacy laws, an adviser to the EU’s top court recommended. The recommendation, if followed by the EU’s Court of Justice, could unleash a