Congress authorized the FCC to interpret “all provisions” of the Communications Act, including amendments, so the agency can issue a rulemaking clarifying the immunity shield’s scope, General Counsel Tom Johnson blogged Wednesday (see 2010210022). Authority originates from the “plain meaning of” Communications Act Section 201(b), “which confers on the FCC the power to issue rules necessary to carry out the provisions of the Act,” Johnson wrote. Congress inserted Section 230 into the CDA, making clear “rulemaking authority extended to the provisions of that section,” he wrote. Johnson cited Supreme Court decisions by the late Justice Antonin Scalia in AT&T v. Iowa Utilities Board in 1999 and 2013's City of Arlington v. FCC.
Chief Judge Timothy Stanceu of the U.S. Court of International Trade should “automatically stay” all but the lead HMTX Industries-Jasco Products complaint in the Section 301 litigation (see 2009110041) and designate HMTX-Jasco as the “test case,” said DOJ’s motion (in Pacer) Monday to adopt case management procedures. All of the nearly 3,600 complaints inundating the CIT seek to vacate the List 3 and 4A tariff rulemakings and get the duties refunded. The roster of complaints (in Pacer) attached to DOJ’s motion takes up 187 pages.
DOJ and 11 Republican state attorneys general sued Google Tuesday for its alleged monopoly in general search services and search advertising. Senior Vice President Kent Walker called the lawsuit “deeply flawed,” saying consumers choose to use Google, “not because they're forced to or because they can't find alternatives.” New York Attorney General Letitia James and six other Democratic state AGs announced they’re continuing a parallel investigation and could potentially consolidate the case with DOJ in coming weeks. Industry groups condemned the suit; reaction from consumer advocates varied.
DOJ and 11 Republican state attorneys general sued Google Tuesday for its alleged monopoly in general search services and search advertising. Senior Vice President Kent Walker called the lawsuit “deeply flawed,” saying consumers choose to use Google, “not because they're forced to or because they can't find alternatives.” New York Attorney General Letitia James and six other Democratic state AGs announced they’re continuing a parallel investigation and could potentially consolidate the case with DOJ in coming weeks. Industry groups condemned the suit; reaction from consumer advocates varied.
DOJ and 11 Republican state attorneys general sued Google Tuesday for its alleged monopoly in general search services and search advertising. Senior Vice President Kent Walker called the lawsuit “deeply flawed,” saying consumers choose to use Google, “not because they're forced to or because they can't find alternatives.” New York Attorney General Letitia James and six other Democratic state AGs announced they’re continuing a parallel investigation and could potentially consolidate the case with DOJ in coming weeks. Industry groups condemned the suit; reaction from consumer advocates varied.
Industry and the National Emergency Number Association agreed the FCC needs to do more work before reporting to Congress on feasibility and cost of making Wi-Fi access points and other communications technologies available for access to 911 during times of emergency. Replies on a Public Safety Bureau notice were due Friday in docket 20-285. The FCC must file a report as a requirement of Ray Baum’s Act. “In light of the significant technical and security issues raised in this proceeding about relying on Wi-Fi access points as a backup for wireless 9-1-1, the FCC should seek the guidance of relevant technical expert bodies on these issues prior to submitting its study to Congress,” CTIA said. Access points supported by fixed wireline are “just as challenged as mobile wireless services to remain operational during severe emergencies,” it said: “Other Commission proceedings demonstrate the increasing resilience of mobile wireless networks even where fixed wireline backhaul and commercial power is unavailable for extended periods of time.” Connecting through access points “appears to be technically feasible, but work must be done to ensure quality assurance to 9-1-1 and to its callers,” NENA commented. Such connections “must meet, at the very least, the public’s expectations for reliability and service; meeting these expectations may be challenging absent regulatory authority,” the group said. ACA Connects said it’s not “technically feasible” today to use Wi-Fi “to provide a backup path to 911 when mobile networks are down.”
Industry and the National Emergency Number Association agreed the FCC needs to do more work before reporting to Congress on feasibility and cost of making Wi-Fi access points and other communications technologies available for access to 911 during times of emergency. Replies on a Public Safety Bureau notice were due Friday in docket 20-285. The FCC must file a report as a requirement of Ray Baum’s Act. “In light of the significant technical and security issues raised in this proceeding about relying on Wi-Fi access points as a backup for wireless 9-1-1, the FCC should seek the guidance of relevant technical expert bodies on these issues prior to submitting its study to Congress,” CTIA said. Access points supported by fixed wireline are “just as challenged as mobile wireless services to remain operational during severe emergencies,” it said: “Other Commission proceedings demonstrate the increasing resilience of mobile wireless networks even where fixed wireline backhaul and commercial power is unavailable for extended periods of time.” Connecting through access points “appears to be technically feasible, but work must be done to ensure quality assurance to 9-1-1 and to its callers,” NENA commented. Such connections “must meet, at the very least, the public’s expectations for reliability and service; meeting these expectations may be challenging absent regulatory authority,” the group said. ACA Connects said it’s not “technically feasible” today to use Wi-Fi “to provide a backup path to 911 when mobile networks are down.”
Chief Judge Timothy Stanceu of the U.S. Court of International Trade should “automatically stay” all but the lead HMTX Industries-Jasco Products complaint in the Section 301 litigation and designate HMTX-Jasco as the “test case,” the Department of Justice said in an Oct. 19 motion to adopt case management procedures. All the nearly 3,600 complaints inundating the CIT seek to vacate the lists 3 and 4A tariff rulemakings and get the duties refunded. The roster of complaints attached to DOJ’s motion takes up 187 pages.
Extensive case law supports withdrawing Patent and Trademark Office refusal to approve Filmmaker Mode as a registered certification mark, argued the UHD Alliance Wednesday in a request for reconsideration. PTO examining attorney Catherine Caycedo rejected UHDA’s application in April, ordering the alliance to disclaim all the wording in the mark “because it is not inherently distinctive.” In her rejection, Caycedo incorrectly concluded that certified users of Filmmaker Mode technology "presumably include consumers who make films."
Texas state legislators, small telcos and rural educators sounded the alarm about the possibility of the Texas USF (TUSF) becoming insolvent by year-end. The Public Utility Commission over the summer declined to double the surcharge on consumer phone bills, with Chair DeAnn Walker instead asking legislators to stabilize the fund when it reconvenes in January (see 2008110047). With TUSF expected to become insolvent in about 60 days, "some of our companies are in a full-on panic,” said Texas Telephone Association (TTA) Executive Director Mark Seale in an interview. State Rep. Brooks Landgraf (R) told us Friday he sees opportunity to revamp TUSF to support broadband.