The FCC appears to be seeking new ways to find broadband isn't being deployed fast enough, major telco/cable interests and allies said in comments to the agency. AT&T, Verizon and others said broadband is being deployed rapidly but voiced concern the commission could add mobile service standards and other hurdles to make it harder to find that broadband is being deployed to all Americans in a reasonable and timely fashion pursuant to Section 706 of the Telecom Act. The FCC’s Section 706 inquiry “has become a results-oriented exercise in which the Commission frequently moves the goal posts to ensure a negative finding,” NCTA said in docket 15-191. But smaller wireless carriers suggested the FCC should make a negative finding and take remedial steps.

The FCC appears to be seeking new ways to find broadband isn't being deployed fast enough, major telco/cable interests and allies said in comments to the agency. AT&T, Verizon and others said broadband is being deployed rapidly but voiced concern the commission could add mobile service standards and other hurdles to make it harder to find that broadband is being deployed to all Americans in a reasonable and timely fashion pursuant to Section 706 of the Telecom Act. The FCC’s Section 706 inquiry “has become a results-oriented exercise in which the Commission frequently moves the goal posts to ensure a negative finding,” NCTA said in docket 15-191. But smaller wireless carriers suggested the FCC should make a negative finding and take remedial steps.

Sinclair's retransmission consent dispute with Dish Network may have breathed new life into a year-old application for review of Sinclair’s buy of Allbritton’s TV stations, said Rainbow PUSH Coalition, the filers of the original complaint, in a supplemental filing posted Tuesday in docket 13-203. In the original application for review, Rainbow PUSH maintained that Sinclair improperly controls the TV stations owned by an affiliated company, Cunningham Broadcasting (see 1409110049). Though the Media Bureau previously ruled that Rainbow PUSH’s allegations about Cunningham are without merit, emails between Dish and Sinclair during a recent retrans between those two companies show Sinclair was claiming the right to negotiate retrans agreements on Cunningham’s behalf, Rainbow PUSH said. Sinclair “took the position that it has de jure control of Cunningham and thus, under the STELA Reauthorization Act of 2014 ('STELAR'), can represent Cunningham and other companies in retransmission consent negotiations,” Rainbow PUSH said. Sinclair said it didn’t have improper control over Cunningham during the regulatory review of its Allbritton deal. Sinclair also threatened to pull its stations from Dish if that DBS company complained to the FCC, Rainbow PUSH said. This “raises profound questions of basic qualifications based on Sinclair’s now-admitted control of Cunningham, as well as Sinclair’s misrepresentations to the Commission, violations of the rules governing duopolies, abuse of the retransmission consent process, and the use of coercion to attempt to prevent a party from petitioning the FCC for redress of grievances," Rainbow PUSH said. The FCC should open hearings on the matter, Rainbow PUSH said. “We have grown accustomed to filings like this from Rainbow Push over the years," a Sinclair spokeswoman emailed us. "As with previous filings, we don’t believe there is any validity to their claims and will respond procedurally in due course.” The Media Bureau declined to comment.

Whether everyone can have the same level of access to broadband isn't a policy question -- that was decided a long time ago, said officials during the Utilities Telecom Council Rural Broadband Summit in Arlington, Virginia, Tuesday. While the FCC is still working on what the upcoming spectrum auction will look like, many telecom service providers and rural communities are waiting to see how they can get broadband to everyone and close the digital divide. Programs such as the Connect America Fund from the FCC and grants such as the Community Connect Grant Program from the Agriculture Department are there because if a community doesn’t have those services, it will be disadvantaged, officials said. Even though access is still the main problem, current policies and court cases -- Title II and FCC pre-emption of municipal broadband rules, for example -- are affecting the progress of utility rural broadband, some lawyers at the summit said.

Whether everyone can have the same level of access to broadband isn't a policy question -- that was decided a long time ago, said officials during the Utilities Telecom Council Rural Broadband Summit in Arlington, Virginia, Tuesday. While the FCC is still working on what the upcoming spectrum auction will look like, many telecom service providers and rural communities are waiting to see how they can get broadband to everyone and close the digital divide. Programs such as the Connect America Fund from the FCC and grants such as the Community Connect Grant Program from the Agriculture Department are there because if a community doesn’t have those services, it will be disadvantaged, officials said. Even though access is still the main problem, current policies and court cases -- Title II and FCC pre-emption of municipal broadband rules, for example -- are affecting the progress of utility rural broadband, some lawyers at the summit said.

FCC Commissioner Ajit Pai is anxious about how little time remains this year to resolve the stand-alone broadband issue, he told us. FCC Chairman Tom Wheeler committed to Senate Commerce Committee Chairman John Thune, R-S.D., that the agency would find a way by the end of the year to provide USF support for telecom companies that offer only broadband service. Industry stakeholders, Wheeler and Pai have kicked around different ideas this year about how to best resolve the situation, with the solution still unclear.

FCC Commissioner Ajit Pai is anxious about how little time remains this year to resolve the stand-alone broadband issue, he told us. FCC Chairman Tom Wheeler committed to Senate Commerce Committee Chairman John Thune, R-S.D., that the agency would find a way by the end of the year to provide USF support for telecom companies that offer only broadband service. Industry stakeholders, Wheeler and Pai have kicked around different ideas this year about how to best resolve the situation, with the solution still unclear.

The 9th U.S. Circuit Court of Appeals said the Digital Millennium Copyright Act (DMCA) “requires copyright holders to consider fair use before sending a takedown notification,” in Lenz v. Universal, affirming a U.S. District Court ruling against motions for a summary judgment in the case. “Failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law,” said Judge Richard Tallman in the three-judge panel’s opinion Monday. Judges Mary Murguia and Milan Smith also heard the case.

The 9th U.S. Circuit Court of Appeals said the Digital Millennium Copyright Act (DMCA) “requires copyright holders to consider fair use before sending a takedown notification,” in Lenz v. Universal, affirming a U.S. District Court ruling against motions for a summary judgment in the case. “Failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law,” said Judge Richard Tallman in the three-judge panel’s opinion Monday. Judges Mary Murguia and Milan Smith also heard the case.

California Gov. Jerry Brown (D) vetoed a drone bill Wednesday that would have allowed trespassing charges to be filed against an individual flying drones less than 350 feet above real property without the express permission of the property owner, regardless whether anyone’s privacy was violated. In his veto message to the Senate, Brown said drone technology raises “novel issues that merit careful examination” but said he vetoed SB-142 because, “while well-intentioned,” it “could expose the occasional hobbyist and the FAA-approved commercial user alike to burdensome litigation and new causes of action.” Brown asked the state Senate to look at this issue more carefully. Brown signed a bill proposed by Sen. Anthony Cannella (R), SB-676, that enables easier prosecution of those who engage in cyber exploitation and revenge porn. Meanwhile, California’s Electronic Communications Privacy Act (SB-178) passed the Senate 32-4 Wednesday.