Target raised Q4 and full-year guidance Tuesday, citing “strong traffic growth,” and continued strength in digital sales. Comparable sales in November and December grew 3.4 percent, vs. a projected 0 to 2 percent, it said. Stores fulfilled 70 percent of Target's digital volume in November/December through order pickup and shipping items directly to customers, meaning stores enabled about 80 percent of the company’s comp sales growth in the period, blogged CEO Brian Cornell Tuesday.

LAS VEGAS -- The heads of ATSC, CTA and NAB raised glasses of champagne and sparkling apple cider Tuesday to toast the release of the last of the suite of ATSC 3.0 standards. The toast came on the opening morning of CES in the Las Vegas Convention Center’s Grand Lobby.

The FAA doesn't regulate the noise of space launch vehicles, but NOAA's National Marine Fisheries Service apparently does, space lawyer Laura Montgomery blogged Monday. She said the incidental harassment authorization that SpaceX received for its sonic booms raises questions about why NOAA has such authority and whether the Marine Fisheries Service falls under the Commercial Space Launch Act exceptions for approvals that space launch operations need.

The Supreme Court should strike down the FCC's 2015 net neutrality order, said internet entrepreneur Daniel Berninger, who continues to pursue an appeal despite the current commission's rollback of the telecom regulation in that order. Without high court intervention, FCC authority over the internet won't be constrained by Congress or the Constitution, with its chairman effectively "a king," Berninger said at a Hudson Institute event Monday. Most legal experts we have heard from said they doubt justices will grant Berninger's cert petition seeking review of lower court rulings upholding the order (in Berninger v. FCC, 17-498, here), given the recent FCC net neutrality reversal (see 1712140039 and 1801050031). Some say he has a chance.

The Supreme Court should strike down the FCC's 2015 net neutrality order, said internet entrepreneur Daniel Berninger, who continues to pursue an appeal despite the current commission's rollback of the telecom regulation in that order. Without high court intervention, FCC authority over the internet won't be constrained by Congress or the Constitution, with its chairman effectively "a king," Berninger said at a Hudson Institute event Monday. Most legal experts we have heard from said they doubt justices will grant Berninger's cert petition seeking review of lower court rulings upholding the order (in Berninger v. FCC, 17-498, here), given the recent FCC net neutrality reversal (see 1712140039 and 1801050031). Some say he has a chance.

The wireless industry is urging more states to pass small-cells bills in 2018, with at least 10 legislatures preparing bills. Laws to streamline 5G wireless infrastructure deployment by pre-empting local authority over siting in the right of way were enacted in 13 states in the past two years. An Illinois-passed small-cells bill thought to be headed to the governor’s desk will undergo more legislative negotiations due to cable industry objections, said industry and local government representatives.

Senate Commerce Committee ranking member Bill Nelson, D-Fla., helped begin the 2018 Senate session Wednesday by criticizing the FCC's “flawed” rulemaking process that led to commissioners' 3-2 vote last month to rescind 2015 net neutrality rules and related reclassification of broadband as a Communications Act Title II service. Sen. Ed Markey, D-Mass., said Tuesday he has almost enough support from colleagues to clear a procedural hurdle to allow a Senate vote on his planned Congressional Review Act resolution to undo the repeal. Markey and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are expected to file the resolution once the order is promulgated (see 1712110050, 1712120037 and 1712140044). It could be released within days (see 1801030040).

Senate Commerce Committee ranking member Bill Nelson, D-Fla., helped begin the 2018 Senate session Wednesday by criticizing the FCC's “flawed” rulemaking process that led to commissioners' 3-2 vote last month to rescind 2015 net neutrality rules and related reclassification of broadband as a Communications Act Title II service. Sen. Ed Markey, D-Mass., said Tuesday he has almost enough support from colleagues to clear a procedural hurdle to allow a Senate vote on his planned Congressional Review Act resolution to undo the repeal. Markey and House Communications Subcommittee ranking member Mike Doyle, D-Pa., are expected to file the resolution once the order is promulgated (see 1712110050, 1712120037 and 1712140044). It could be released within days (see 1801030040).

The U.S. Court of Appeals for the Federal Circuit rejected claims by Alpine PCS that the FCC’s 2002 cancellation of spectrum licenses meant the agency breached contractual obligations and the cancellation was a taking for which Alpine was entitled to just compensation under the takings clause of the Fifth Amendment. “The Court of Federal Claims dismissed both of Alpine’s claims for lack of jurisdiction,” wrote Judge Richard Taranto. “We affirm, concluding that the Communications Act provides a comprehensive statutory scheme through which Alpine could raise its contract claims and could challenge the alleged taking and receive a remedy that could have provided just compensation in this case, foreclosing jurisdiction under the Tucker Act.” The Tucker Act waives U.S. sovereign immunity in certain lawsuits. The FCC awarded the licenses to Alpine in 1996 and they were canceled six years later after Alpine failed to make required payments, the court said. Alpine didn't comment.

AT&T shut out FirstNet competitors in all 50 states plus two territories and the District of Columbia. FirstNet and the carrier secured their final state opt-in shortly before Thursday's deadline when California Gov. Jerry Brown (D) said yes, though the governor made clear he’s not satisfied with AT&T's state radio-access-network (RAN) plan. New Hampshire, which at first said it would opt out, reversed and accepted AT&T’s plan Thursday (see 1712280033). Three remaining Pacific territories have until March 12 to decide.