The Oct. 20-25 ICANN meeting left a key question hanging, stakeholders said: Whether policy for aligning the Whois database of domain registrants with the EU general data protection regulation (see 1810220002) should take precedence over how to give access to nonpublic information to legitimate requesters such as law enforcement. As talks on an expedited policy development process (ePDP) to replace the "temporary specification" on Whois GDPR compliance continued, some wanted work to proceed in parallel on some sort of unified access model (UAM). The idea is backed by governments and the business (BC) and intellectual property constituencies (IPC) but opposed by noncommercial users, registrars and others.
The Supreme Court will hear argument Nov. 26 in Apple v. Robert Pepper, with implications for app stores. The conservative majority figures to favor Apple interests, stakeholders told us. Justices will decide whether Apple customers can sue for antitrust damages in a case, docket 17-204 (see 1810100058), stemming from a lawsuit claiming Apple has a monopoly through its App Store. Apple, which collects a 30 percent commission on apps purchased, limits iOS users to installing apps through that store, unless they jailbreak their phones, voiding warranty. Pepper argued this anticompetitive model lets developers pass added costs onto users. App developers benefit greatly from the App Store, given the booming app economy, and the liability and security protections the store offers, Pepper argued, making it unlikely developers will challenge Apple’s model.
Opening the 6 GHz band for unlicensed is seen by advocates as important to move many applications to the next level. There's pressure on the FCC to address the band. Commissioners approved an NPRM at their Oct. 23 meeting (see 1810230038).
Telecom sector interests told us they'll closely watch midterm results for early clues about how telecom policymaking will fare in next Congress. The margin of control for whichever party holds a majority in the House and Senate is particularly important for indicating whether there will be legislative gridlock on issues like net neutrality and whether compromise is possible on matters like broadband infrastructure funding, said lobbyists and officials.
Apple’s decision to stop reporting unit sales figures quarterly led to analyst speculation the iPhone peaked, sending shares closing down 6.6 percent Friday at $207.48. It was Apple's best September quarter, revenue growing 20 percent year on year to $62.9 billion.
Experts see the FCC orbital debris rules re-examination, on Nov. 15's tentative agenda, as a good start in facing increased worries about space junk. It may be a long process. Given complexity of debris mitigation, "these changes in the rules are not likely to result in a sudden sea change," emailed P.J. Blount, University of Mississippi air and space law adjunct professor.
Pending and potential leadership turnover on the House and Senate Commerce committees will be on the minds of many in the telecom sector as they follow results of Tuesday's elections. The top GOP seats on the House and Senate Communications subcommittees will be up for grabs after the election, with outgoing Senate Commerce Chairman John Thune, R-S.D., showing interest in the latter. There's potential for turnover in the top Democratic seat on Senate Commerce. The Judiciary committees and House Digital Commerce Subcommittee could also see leadership changes (see 1810310025).
A tweak to the high end of Q4 subscriber guidance and comments on some higher coming spending drove a 5.7 percent decline in Spotify shares Thursday to $141.16, after Q3's shareholder letter. Chief Financial Officer Barry McCarthy said on an earnings call that accelerated pace of R&D investment in Q4 will "pressure operating margins more."
FTC Commissioner Noah Phillips said he’s open to alternatives to the consumer welfare standard, which guides U.S. antitrust law. The agency fielded a wide range of opinions about the standard during its fifth competition policy hearing Thursday.
Connecticut’s Public Utilities Regulatory Authority ignored plain language of a 2013 state law when it ruled 2-0 in May "municipal gain" space on utility poles or underground ducts may not be used to provide muni broadband, said local governments and the Connecticut Office of Consumer Counsel (OCC) in briefs filed Wednesday at Connecticut Superior Court in docket HHB-CV-18-6045442-S. PURA’s ruling paused some muni broadband projects and is holding back access in underserved areas, OCC officials said in interviews.