Last week’s decision upholding California’s net neutrality law at the 9th U.S. Circuit Court of Appeals “opens the door to more states acting,” New Street Research analyst Blair Levin wrote in a Sunday note to investors. The court said the FCC can’t preempt states after giving up its own broadband authority (see 2201280057). The Supreme Court seems unlikely to take up the case, said Levin. The decision “raises the stakes for how the FCC addresses state action when it takes up the issue” and federal “legislation is now more likely though it remains an uphill battle,” he said.

Senate Commerce Committee ranking member Roger Wicker of Mississippi, Communications Subcommittee ranking member John Thune of South Dakota and nine other Republicans raised concerns Friday with the Treasury Department’s final rule on broadband projects’ eligibility for $350 billion in state and local funding from the American Rescue Plan Act (see 2201070061). The rule backtracks from proposed restrictions that would have allowed eligibility only in areas without 25/3 Mbps (see 2105100060). The broadband-eligible money “was born out of the challenges posed by the pandemic, when much of daily life was forced online and when consumers lacking internet access faced even greater economic and personal hardship,” the senators wrote Treasury Secretary Janet Yellen. “We are profoundly disappointed that Treasury’s final rule lacks the proper guidance and constraints needed to ensure that federal funds are used efficiently and for their intended purpose.” This has “the potential to waste taxpayer dollars funding duplicative service in areas with existing access to broadband,” they said. Treasury didn’t comment.

Democratic FCC nominee Gigi Sohn’s proposal Thursday to temporarily recuse herself from some retransmission consent and broadcast copyright proceedings if confirmed (see 2201270073) is unlikely to satisfy her most vocal opponents but may be enough to solidify support from the Senate Democratic caucus, communications lobbyists and others told us. The Senate would be able to confirm Sohn if all 50 Democratic caucus members vote for her because of Vice President Kamala Harris’ tie-breaker role. The additional recusals aren’t likely to significantly affect Sohn’s role as a commissioner since neither retrans nor broadcast copyright items were matters the commission was expected to take up under Chairwoman Jessica Rosenworcel.

The Commerce Department can use adverse facts available over the Chinese government's failure to provide information on its electricity price-setting practices in a countervailing duty review, the U.S. Court of Appeals for the Federal Circuit said in a Jan. 28 opinion. Upholding a decision from the Court of International Trade, the Federal Circuit affirmed Commerce's CV duties for the provision of electricity for less than adequate remuneration (LTAR) after the Chinese government failed to explain price variations across different provinces.

California’s net neutrality law survived an appeal by ISP associations at the 9th U.S. Circuit Court of Appeals. The panel’s Friday opinion that the FCC can’t preempt states after giving up its own broadband authority could affect ISP challenges of Vermont net neutrality and New York state affordable broadband laws, said legal experts.

House Ways and Means Trade Subcommittee Chairman Rep. Earl Blumenauer, D-Ore., said he and colleagues Reps. Dan Kildee, D-Mich., and Bill Pascrell, D-N.J., "are alarmed by reports of continued harassment, intimidation, and violence against independent union activists in the General Motors’ (GM) auto plant in Silao, Mexico leading up to next week’s union election." The congressmen noted that a previous vote in Silao was overturned through consultations under USMCA's rapid response mechanism, and they say that unless GM and Mexican officials immediately act, the agreement to rerun the election could be pointless.

Maryland senators will convene a workgroup to hash out differences with opponents to a state privacy bill, they said at a livestreamed Senate Finance Committee hearing Wednesday. SB-11 sponsor Sen. Susan Lee (D) said Maryland shouldn’t model a bill on Virginia’s law and can’t wait for a national law. TechNet Executive Director-Northeast Chris Gilrein said Virginia’s law is best in the absence of congressional action.

The Commerce Department's requirement that an antidumping respondent report all of its factors of production (FOP) data on a control number (CONNUM)-specific basis violated the law because it's a legislative rule subject to the Administrative Procedure Act but was imposed without the required notice-and-comment period, respondent Shanxi Pioneer Hardware Industrial Co. said in a Jan. 26 brief. Responding to arguments from the Department of Justice and the AD petitioner at the U.S. Court of Appeals for the Federal Circuit, Pioneer also said that even if the requirement isn't deemed a legislative rule, Commerce's CONNUM-specific rule is unlawful since it restricted the agency's ability to rely on non-CONNUM-specific data (Xi'an Metals & Minerals Import & Export Co. v. U.S., Fed. Cir. #21-2205).

FTC Chair Lina Khan is starting to recognize the agency’s limited resources and jurisdictional boundaries in the face of declining antitrust and consumer protection enforcement under her watch, Commissioner Christine Wilson told a George Mason University event Wednesday.

The lack of access to business confidential information (BCI) in an antidumping and countervailing duty evasion investigation violated wire hanger importer Leco Supply's due process rights, the importer told the Court of International Trade in a Jan. 24 brief. Responding to CBP's remand results in which it took another look at its initial finding of evasion under the Enforce and Protect Act, Leco said its lack of access to confidential information and the withholding of information not entitled to confidentiality at the administrative level "clearly risked erroneous deviation of Leco's private interests," the brief said. An administrative protective order issued during EAPA investigations would end this concern, the importer told the trade court (Leco Supply v. U.S., CIT #21-00136).