Developments in telecommunications policy being made in the legal system.
Court case
Networks Sue to Stop Streaming Service Offering Free TV Feeds
The four major broadcast networks have filed a suit in federal court to shut down Locast, a nonprofit streaming service funded in part by AT&T and founded by a Dish Network lobbyist that offers their feeds to subscribers for no charge. CBS, Disney's ABC, Comcast’s NBCUniversal, and Fox argue that Locast is retransmitting the signals of their local TV stations without permission, in violation of copyright law.
San Francisco Appeals FCC Order on Broadband Wire-Sharing Rule
San Francisco is challenging the Federal Communications Commission’s move to override a city mandate that apartment and office building owners share in-use cable wiring with broadband providers upon request. On July 22, the city asked the US Court of Appeals for the Ninth Circuit to undo the commission’s decision to preempt part of a San Francisco law, which bars building owners from interfering with an occupant’s right to choose a communications service.
Broadband access today is as varied as communities across Minnesota. Some enjoy a gig, others are working hard for any service, and the rest are somewhere in between. This conference is for all communities, regardless of where they are on the spectrum – because we’ve learned that having broadband isn’t enough. It takes inspiration, encouragement and guidance to reap the full benefits. We’ll be talking about how to make the most of what you’ve got and/or get more.
This year’s conference will shine a light on local broadband heroes as well as look at several aspects of broadband:
President Trump Can’t Block Twitter Users, Federal Appeals Court Rules
A federal appeals court in New York ruled President Trump’s practice of blocking some users on Twitter violates the free-speech protections of the First Amendment. The ruling stems from a 2017 lawsuit filed by Columbia University’s Knight First Amendment Institute on behalf of seven people who had been blocked by the president’s @realDonaldTrump account.
New Scandals Rock Government’s Foreign Broadcasting Service
The United States Agency for Global Media, the government’s foreign broadcast service, already struggling to clean house after a series of scandals at flagship operations like Voice of America and TV Martí, is now being rocked by two new cases that have raised further questions about its journalistic and financial management.
Amazon can be held liable for defective third-party products on its platform, court rules
The 3rd US Circuit Court of Appeals ruled Amazon can be sued over third-party sales on its platform, setting a potentially damaging precedent for the company. While Amazon sells goods itself, it also allows vendors to sell their products through its Marketplace platform, taking a cut in the process. In late 2014, a woman named Heather Oberdorf ordered a dog collar from a Marketplace seller, but it broke on a walk, sending the leash flying and permanently blinding her in one eye. The seller hasn’t been found, but Oberdorf sued Amazon, accusing the company of negligence.
Trump's unexpected 1st Amendment legacy
President Trump's consistent attacks on free press and access to information, mostly through social media, have forced judges to re-evaluate the rules of political communications in the digital era. First Amendment advocates are waiting for a ruling that will end a two-year-long debate over whether President Donald Trump, and other public officials, can block constituents on social media. Shortly after Trump was elected, the National Archives and Records Administration (NARA) confirmed that tweets posted by President Trump using his @realDonaldTrump handle are considered presidential record
Supreme Court puts census citizenship question on hold
The Supreme Court on put on hold the Trump administration’s plan to add a citizenship question to the 2020 Census form sent to every household, saying it had provided a “contrived” reason for wanting the information. Chief Justice John Roberts wrote the splintered opinion. In a section agreed with by the court’s liberals, he said the Commerce Department must provide a clearer explanation. Agencies must offer “genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public,” Roberts wrote.
Supremes' FCC Case Remand Could Weaken Commission's Defense of Decisions
The Supreme Court vacated a lower court decision on the Federal Communications Commission's enforcement of the Telephone Consumer Protection Act, in the process raising questions about the FCC's ability to enforce other regulations, depending on how they are crafted and what court is reviewing them. At issue is how much leeway the courts and regulated entities have to challenge FCC interpretations and definitions in its decisions, which are regularly challenged in courts. One law firm called it a potentially "landmark" ruling.
Justice Department Reaches Settlement with Five Additional Broadcast Television Companies, Including One National Sales Representative Firm, In Ongoing Information Sharing Investigation
The Department of Justice has reached settlements with CBS, Cox, EW Scripps, Fox, and TEGNA Inc. to resolve a Department lawsuit brought as part of its ongoing investigation into exchanges of competitively sensitive information in the broadcast television industry. All five companies are alleged to have engaged in unlawful information sharing among their owned broadcast television stations. Cox also owns Cox Reps, one of two large “Rep Firms” in the industry that assist broadcast stations in sales to national advertisers.