The Court of International Trade on June 17 (see 2406170037) -- in an opinion released publicly July 10 -- upheld a CBP finding that six companies didn’t evade antidumping and countervailing duties on aluminum extrusions from China by transshipping them through the Dominican Republic. Judge Richard Eaton explained that CBP had reasonably reinterpreted record evidence within the context of other information it had failed to consider previously.
An apparel factory owner and a trade policy professional from the apparel industry said it's critical to renew Haitian trade preferences this year, even though they don't expire for 14 months.
T-Mobile challenged the FCC's 3-2 April decision (see 2404290044) fining the carrier for allegedly not safeguarding data on customers' real-time locations. The challenge was made at the U.S. Court of Appeals for the D.C. Circuit. Notices of apparent liability were proposed in 2020 against T-Mobile and other carriers under then-Chairman Ajit Pai, a Republican, but the commission’s two current Republicans, Brendan Carr and Nathan Simington, dissented in April. Carr voted for the NAL in 2020, but raised concerns at the time. “The majority held -- for the first time” that customer proprietary network information (CPNI) “encompasses mobile-device location information that is unrelated to voice calls,” T-Mobile said in challenging the order in docket 24-1224. The carrier was fined more than $80 million, plus $12 million for violations by Sprint, which it subsequently acquired (see 2404290044). The order is “unlawful, arbitrary and capricious, an abuse of discretion, and unconstitutional,” T-Mobile told the court. The location information cited “is not CPNI within the meaning of Section 222(h)(1)(A) [of the Telecommunications Act], as the statutory text, context, and Commission precedent make clear,” T-Mobile said: “At a minimum, the Commission failed to provide fair notice of its novel, expansive statutory and regulatory interpretations -- the Order punishes T-Mobile based on legal requirements that the majority adopted for the first time in this proceeding and retroactively applied to T-Mobile’s past conduct.” T-Mobile said it “adopted numerous safeguards to protect the privacy of its customers’ location data, and it acted promptly and decisively to stop rogue actors from misusing location data for unauthorized purposes.” On Monday, Jacob Lewis, FCC associate general counsel, filed to represent the agency in the case. T-Mobile also filed an appeal on behalf of Sprint in docket 24-1224.
Sustaining broadband networks is a “paramount objective” of the Nebraska Universal Service Fund (NUSF) high-cost program, especially with the "influx of federal and state deployment funding," the Nebraska Public Service Commission decided in a Tuesday order. Commissioners voted unanimously Tuesday for two orders on state USF changes (docket NUSF-139) and to consider sanctions against Windstream for three separate 911 outages (docket 911-076).
House Commerce Committee Republicans launched a probe Tuesday of NTIA’s communications with state-level broadband offices related to the $42.5 billion broadband equity, access and deployment (BEAD) program. Long-standing Republican criticisms of BEAD, meanwhile, became a major issue during a House Communications Subcommittee hearing that morning on the FCC’s FY 2025 budget request (see 2407090049). Lawmakers sparred over the propriety of GOP Commissioner Brendan Carr publicly slamming the program.
FCC Chairwoman Jessica Rosenworcel showed no willingness Tuesday to abandon a March Further NPRM that would ban bulk billing arrangements between ISPs and multi-dwelling unit owners (see 2403050069) despite bipartisan criticism during a House Communications Subcommittee hearing. She was similarly unmoved by GOP skepticism about a proposal requiring disclosure of AI-generated content in political ads (see 2405220061). During the hearing, Republican Commissioner Brendan Carr called for the FCC to backtrack on both proposals because of the U.S. Supreme Court’s June Loper Bright Enterprises v. Raimondo decision and other rulings (see 2407080039).
Homeland Security Secretary Alejandro Mayorkas called for a "legislative fix" to the de minimis exception "and the exploitation of that exception," the first time the administration has clearly said it hopes Congress will restrict the program that allows purchasers to import up to $800 worth of goods per day without paying tariffs.
Officials with the 12 GHz for 5G Coalition remain hopeful that FCC action in coming months will allow use of the lower 12 GHz band for fixed-wireless deployments, they said in interviews. In addition, should the FCC act soon, the band could still play a part in some state proposals under the broadband equity, access and deployment (BEAD) program, the officials said. The coalition had hoped for action early in 2024 (see 2312270045).
The creator of an automatic speech recognition (ASR) app criticized the long period he and other small providers have endured waiting for FCC approval before they could begin offering IP captioned telephone services supported by the Telecom Relay Services Fund. Rogervoice founder-CEO Olivier Jeannel spoke with an aide to Commissioner Nathan Simington about the need for an “emergent rate” for small providers of IP CTS service. The company applied for certification in March 2022 and the FCC acted in January, said a filing posted Wednesday in docket 03-123. “The nearly two-year wait for Commission action on their applications has made it all the more challenging to break into the IP CTS market, where established providers have had that much more lead time to develop and market their ASR-based captioning services,” Rogervoice said.
Mississippi will appeal a preliminary injunction of an age-verification law to the 5th U.S. Circuit Court of Appeals, state Attorney General Lynn Fitch (R) said in a Wednesday notice at the U.S. District Court for Southern Mississippi. In addition, the state sought a stay pending appeal. The court put enforcement of the law on hold Monday (see 2407010062). Under the law, parental consent is needed for minors younger than 18 who access social media. The court said NetChoice showed a high likelihood of success in its complaint that raised constitutional concerns with the law. "On appeal, the Attorney General will show that this Court’s injunction cannot be squared with the Act’s targeted scope, with its focus on (and regulation of) non-expressive conduct of covered online platforms, or with precedent on facial challenges," the state said in an accompanying memo. "The Attorney General will also show that the harm to the State from enjoining the Act’s enforcement substantially outweighs any harm to NetChoice and its members from complying with the Act."