Court case

Developments in telecommunications policy being made in the legal system.

American Cable Association Seeks to Ally With FCC in Net Neutrality Fight

The American Cable Association has officially joined the court challenge of the Federal Communications Commission's network neutrality rule rollback, filing a motion to intervene in the case with the US Court of Appeals for the Ninth Circuit.  ACA is intervening on the side of the FCC, to "help defend the Federal Communications Commission's ruling that restored light-touch regulation to providers of high-quality broadband facilities and infrastructure to millions of users in rural America." An intervenor is a party with a demonstrable interest in the outcome, something ACA certainly has, re

D.C. Circuit Issues Partial Reversal of Wheeler-Era Robocall Decision

The US Court of Appeals for the DC Circuit has decided that not every smartphone is an autodialer subject to the restrictions of the Telephone Consumer Protection Act (TCPA). In a decision released March 16, the court reversed a 2015 Federal Communications Commission decision that robocalls to numbers of consenting parties that were subsequently transferred to nonconsenting parties violated the TCPA as well as the FCC's definition of the autodialers (automatic telephone dialing system, or ATDS) that can't be used without the call (or text) recipient's prior permission.

Entire broadband industry will help FCC defend net neutrality repeal

The biggest lobby groups representing broadband providers will help the Federal Communications Commission defend the repeal of network neutrality rules in court. March 15, three trade groups that collectively represent every major home Internet and mobile broadband provider in the US filed motions to intervene in the case on behalf of the FCC. The motions for leave to intervene were filed by NCTA–The Internet & Television Association, CTIA–The Wireless Association, and USTelecom–The Broadband Association. NCTA represents cable companies such as Comcast, Charter, Cox, and Altice.

Battle Over A Tweet Could Reshape Online News

Digital rights groups and news associations are slamming a judge's recent ruling that Time, Yahoo and other publishers may have infringed copyright by embedding a tweet that contained a photo in news stories. 

How the DOJ’s Face-Off With AT&T Could Alter American Business

The face-off, between the Justice Department and AT&T over the company’s $85 billion agreement to buy media giant Time Warner, has broad ramifications for media, technology and other industries as well as for the government’s powers to deter large-scale corporate consolidation.

Streaming Soon: A Fight Over AT&T, Time Warner, and the Future of TV

Would the combination of AT&T and Time Warner hurt consumers or help them? 

U.S. judge says AT&T-Time Warner merger trial may last 8 weeks

US District Judge Richard Leon said a trial to decide if AT&T’s $85 billion acquisition of Time Warner is legal under US antitrust law may last six to eight weeks, significantly longer than previously forecast. At a pre-trial hearing, Judge Leon said he will hear up to two days of motions before hearing opening arguments on March 21. Lawyers for the government and both companies did not comment on Leon’s estimate on the length of the trial; they had previously suggested it would last three weeks.

What To Expect When You're Expecting an Antitrust Trial

One of the most important antitrust cases in recent decades, the Department of Justice’s (DOJ) move to block AT&T from acquiring Time Warner, goes to trial in Washington, DC, on March 19. The significance of the case goes well beyond its impact on this huge transaction and on future media mergers.

Judge rules for AT&T on key part of Time Warner deal defense

US District Judge Richard Leon has rejected a Justice Department motion to limit evidence AT&T can present in its defense of its proposed purchase of Time Warner. As a result of the ruling, AT&T gets to keep one key element of its argument for the deal, after previously losing another significant fight over its planned defense. The government had asked the court to exclude evidence of a November 2017 offer from Turner (a division of Time Warner that includes CNN, TBS, and TNT) to distributors including cable and satellite companies.

Justice Department Alleges AT&T, Comcast Will Together Withhold Content From Digital Rivals

As the US government gets set to fight AT&T's proposed acquisition of Time Warner in a DC federal court, the Department of Justice March 9 submitted a trial brief that sharpens its theories on why the $85 billion merger deserves to be blocked.