Most commenters supported adding the equipment and services needed to use Wi-Fi on school buses to the FY 2024 eligible services list for the FCC E-rate program as a category one service. Comments were posted Friday in docket 13-184. FCC Republican Commissioners Brendan Carr and Nathan Simington dissented last month on an NPRM asking about the change (see 2311090028).

The Court of International Trade's recent decision that it has subject matter jurisdiction in a challenge to an addition to the Uyghur Forced Labor Prevention Act Entity List "directly addresses" a jurisdictional issue raised by the trade court in a separate action, importer Southern Cross said in a Dec. 1 notice of supplemental authority. CIT's ruling in Ninestar Corp. v. U.S. shows that the court has jurisdiction to hear the importer's case on the National Marine Fisheries Service's rejection of importer Southern Cross Seafoods' application for preapproval to import Chilean sea bass, the brief said (Southern Cross Seafoods v. United States, CIT # 22-00299).

Broadband experts debated the effectiveness of the FCC's digital discrimination order during a Broadband Breakfast webinar Wednesday. Panelists disagreed on whether the rules will lead to rate regulation or overreaching enforcement actions. Adopted by a 3-2 vote during a November agency meeting, the rules were mandated by the Infrastructure Investment and Jobs Act (see 2311150040).

CenturyLink reneged on its promises to lock in monthly internet prices for residential Price For Life program subscribers who remained in good standing, maintained service at the same residential address without interruption and didn’t change their CenturyLink service plans, alleged a fraud class action Friday (docket 3:23-cv-01739) in U.S. District Court for Oregon in Portland. CenturyLink promised the benefit in ads and promotions that began in 2017 and “also in the terms and conditions” that its residential internet customers contractually agreed to, it said. Price For Life subscribers gained price stability and peace of mind, prompting many of them to dismiss CenturyLink’s competitors’ offers, even “when those competitors offered better prices, faster speeds, more reliable connections, or other benefits,” it said. But CenturyLink in 2023 “quietly raised prices for Price For Life customers who had followed CenturyLink’s instructions and complied with the Price For Life terms,” it said. Many CenturyLink customers received no warning of any price hikes until they saw their monthly bills increase by $10 or more, it said. CenturyLink’s decision to break its Price For Life agreements “came on the heels of massive losses in the value of its business,” said the complaint. CenturyLink’s stock price plummeted in 2022, losing more than 55% of its value in just one year, it said. The company's stock in February lost more than 35% of its value, the complaint said. “Facing a financial crisis and desperate for increased cash flow, CenturyLink decided to extract more money from its customers in violation of its contracts,” it said. Oregon's Christopher Rosing, Jarrett Civelli and Jeffrey Haagenson bring their lawsuit on behalf of themselves and a nationwide class and an Oregon subclass composed of CenturyLink customers who subscribed to the Price For Life program and complied with the terms, yet “have still seen their bills increase,” said the class action. CenturyLink’s decision to breach its terms and conditions with customers "who loyally complied with them" is a breach of contract. Its advertising, marketing and treatment of the members of the Oregon subclass constitute violations of the Unlawful Trade Practices Act, and its receipt and retention of the funds above and beyond what it should have charged Price For Life subscribers is unjust enrichment, it said. Plaintiff Haagenson canceled his service after CenturyLink refused to honor its Price For Life commitment. He instead subscribed to Verizon residential internet service with a slower connection speed.

All of Judge Pauline Newman's claims against her colleagues on the U.S. Court of Appeals for the Federal Circuit's investigation of her fitness to continue serving on the bench are "straightforwardly dismissed," judges Kimberly Moore, Sharon Prost and Richard Taranto said in a reply brief supporting their motion to dismiss the case (Hon. Pauline Newman v. Hon Kimberly Moore, D.D.C. # 23-01334).

A YouTube video by ComplaintBox attacked Crash Proof Retirement by falsely stating that the plaintiff “exists to exploit seniors,” said a complaint Nov. 17 (docket 2:23-cv-04546) in U.S. District Court for Eastern Pennsylvania in Philadelphia brought by Crash Proof and parent company Retirement Media Inc. (RMI).

Timothy Aguilar’s Oct. 13 complaint alleging that Network Insurance Senior Health Division (NISHD) hounded him with Medicare robocalls when he wasn’t even close to applying for benefits (see 2310200031) “fails to allege facts sufficient to state a cause of action,” said NISHD’s answer Monday (docket 4:23-cv-03988) in U.S. District Court for Southern Texas in Houston.

Snap CEO Evan Spiegel will appear before the Senate Judiciary Committee, the company said Monday after it announced subpoenas seeking testimony from Snap, X and Discord about children's online safety. The committee also said it’s in discussions about potential voluntary testimony from Meta CEO Mark Zuckerberg and TikTok CEO Shou Zi Chew.

LoanDepot didn’t “directly” violate the Telephone Consumer Protection Act, and plaintiff Kristi Hull “fails to allege a claim under any theory of vicarious liability,” said the mortgage lender’s answer Thursday (docket 1:23-cv-02567) in U.S. District Court for Colorado in Denver to Hull’s Oct. 2 complaint (see 2310030001). Court records show Hull’s complaint was the 28th TCPA action filed against loanDepot since May 2014. Hull alleges that loanDepot “incessantly” placed telemarketing calls to her cellphone, despite not having the “appropriate form of consent” to call her, and notwithstanding that her number was listed on the national do not call registry since August 2012. But Hull lacks Article III standing to bring her action because she didn’t suffer “an injury-in-fact as a result of loanDepot’s alleged conduct,” said loanDepot’s answer. The company said it didn’t willfully or knowingly contact Hull on the phone numbers at issue without prior express consent. LoanDepot said its actions “were proper and legal, and at all times it acted with good faith and without malice.” Application of the TCPA, as interpreted by the FCC, violates the First Amendment because such application relies on “content-based restrictions of protected speech,” said loanDepot’s answer. The statute also is unconstitutionally vague because TCPA restrictions don’t give “a person of ordinary intelligence adequate notice of the conduct that is prohibited,” said the lender. Any award of punitive or statutory damages against loanDepot would be unconstitutional “as violative” of the due process clause of the 14th Amendment and the excessive fines clause of the Eighth Amendment, it said. “The amount of damages prescribed by the TCPA statute are so severe and oppressive as to be wholly disproportionate to the offense and obviously unreasonable,” loanDepot said. “Any award of damages should be reduced to comport with due process,” it said.

“There is literally zero chance the FCC is going to rule in our favor” and reverse its rejection of LTD Broadband’s long-form application for the Rural Digital Opportunities Fund (RDOF) program, company CEO Corey Hauer said Thursday at a Minnesota Public Utilities Commission meeting. Even so, Hauer said the wireless ISP will continue to defend itself at the PUC and still wants to keep its eligible telecom carrier (ETC) designation in the state.