The Federal Maritime Commission this week released a revised version of its proposed rule on unreasonable carrier conduct to amend and add to a rulemaking that was widely criticized by shippers and lawmakers last year (see 2301250032, 2211090026 and 2210280051). The new supplemental proposed rule offers new definitions, clarifications, edits and additions that the FMC hopes will allow it to better implement a congressional mandate to address ocean carriers that refuse vessel space to shippers.
USTelecom's Industry Traceback Group (ITG) "remains the best candidate" for the role of the registered industry consortium for tracebacks, the group told the FCC. Comments posted Friday in docket 20-22 showed support for USTelecom's redesignation as the registered consortium, a designation the group has held since 2020 (see 2007270068). Iconectiv also submitted a letter of intent for designation.
The Federal Maritime Commission this week released a revised version of its proposed rule on unreasonable carrier conduct to amend and add to a rulemaking that was widely criticized by shippers and lawmakers last year (see 2301250032, 2211090026 and 2210280051). The new supplemental proposed rule offers new definitions, clarifications, edits and additions that the FMC hopes will allow it to better implement a congressional mandate to address ocean carriers that refuse vessel space to shippers.
Dahua USA and Hikvision USA detailed their arguments for why the equipment they make and sell in the U.S. doesn’t belong on the FCC’s list of “covered equipment” deemed to pose a threat to U.S. security. The subsidiaries of larger Chinese companies appealed the FCC Nov. 25 order barring authorization of network equipment on the covered list (see 2304250043) in a pleading filed Thursday at the U.S. Court of Appeals for the D.C. Circuit (docket 23-1032).
The instant-messaging app Telegram and online dating app Scruff “acted in dereliction of their duties as internet service providers by failing to adequately monitor and police against” the sexual trafficking and exploitation of young children on their platforms, alleged a complaint Wednesday (docket 2:23-cv-02519) in U.S. District Court for South Carolina in Charleston. The plaintiff filed it under the pseudonym Jane Roe on behalf of her five-year-old son. Telegram and Scruff “are fully aware of the ongoing sexual abuse of children through the use of their social media products,” yet they refuse to comply with the requirements of the Children's Online Privacy Protection Act, it said. Telegram and Scruff have had “actual knowledge that sexual predators” were using their apps, but did little to stop enabling them, it said. Though Section 230 “has been credited with allowing the internet to flourish and enabling innovation in the online space,” it also enabled online platforms “to avoid responsibility for harmful or illegal content, such as hate speech, cyberbullying, and sex trafficking,” said the complaint. “Section 230 is no shield” for the conduct of Telegram and Scruff in this case, but plaintiff Roe anticipates that they will raise Section 230 in their defense, it said. Neither platform responded to requests for comment Thursday.
German container shipper Hamburg Sud must pay nearly $10 million to OJ Commerce, an American e-commerce business, after Hamburg retaliated against OJC for threatening to file a complaint with the Federal Maritime Commission, the FMC’s administrative law judge ruled June 7. The massive fine came after the FMC said Hamburg Sud, owned by major shipping line Maersk, violated the Shipping Act’s anti-retaliation provision and refused to fulfill contract terms.
German container shipper Hamburg Sud must pay nearly $10 million to OJ Commerce, an American e-commerce business, after Hamburg retaliated against OJC for threatening to file a complaint with the Federal Maritime Commission, the FMC’s administrative law judge ruled June 7. The massive fine came after the FMC said Hamburg Sud, owned by major shipping line Maersk, violated the Shipping Act’s anti-retaliation provision and refused to fulfill contract terms.
A rehearing of the U.S. Court of Appeals for the Federal Circuit's decision in PrimeSource Building Products v. U.S., upholding President Donald Trump's decision to expand Section 232 duties on "derivatives" of steel and aluminum products, is "unwarranted," the U.S. argued in a reply brief. While the petitioners, led by PrimeSource, continue to "demur," the U.S. said that the Federal Circuit's decision is "consistent with" Supreme Court and past Federal Circuit decisions, namely Transpacific Steel v. U.S., in which the court said that the president can take action beyond the procedural time limits set in the statute as long as it comports with the original duties' plan of action (PrimeSource Building Products v. United States, Fed. Cir. # 21-2066).
Senate Commerce Committee leaders are continuing to push for a June confirmation hearing on FCC nominee Anna Gomez and renominated Commissioners Brendan Carr and Geoffrey Starks (see 2306010075) but haven't settled on a date, lawmakers and lobbyists told us. Ex-nominee Gigi Sohn, meanwhile, directed her ire during a Tuesday Media and Democracy Project event at all levels of news media for not effectively covering her year-plus stalled confirmation process, saying she hopes Gomez and other future FCC candidates don't get the same treatment. Sohn asked President Joe Biden to withdraw her from consideration in March amid continued resistance from a handful of Democrats and uniform GOP opposition (see 2303070082).
The House Commerce Committee’s appetite for advancing the AM Radio for Every Vehicle Act (HR-3413/S-1669) proposal to mandate automakers include AM radio technology in future vehicles remains in doubt after multiple Communications Subcommittee members from both parties voiced skepticism during a Tuesday hearing, despite near-unanimous concern about potential public safety implications. House Communications ranking member Doris Matsui, D-Calif., told us she’s among those questioning the need for legislation in the short term to prevent AM radio’s removal from future vehicles. Chairman Bob Latta, R-Ohio, said in an interview he remains undecided on HR-3413/S-1669 (see 2305260034) after the hearing.