State and local governments and a broad coalition of pro-net neutrality groups and companies said the U.S. Court of Appeals for the D.C. Circuit should overturn the FCC's "internet freedom" order, approved 3-2 last year, which itself overrode net neutrality rules approved just two years earlier. In the opening volley of a major test of Chairman Ajit Pai’s commission decisions, government petitioners said (in Pacer) the D.C. Circuit should find the FCC had no authority to pre-empt state and local police powers and reject the FCC order as an “arbitrary and capricious” departure from 15 years of FCC policy.
ASPEN, Colo. -- Updating privacy frameworks for consumer preferences, technology developments and regulatory actions in other countries and some U.S. states remains very much a work in progress, said speakers at a Technology Policy Institute conference. Microsoft Deputy General Counsel Julie Brill said Monday the U.S. may need to step up work to show the rest of the world this country takes privacy seriously. The ex-FTC member has shined a spotlight on privacy (see 1603220021) as have other Microsoft officials (see 1807130035) at past TPI and other events (see 1708210030).
The divide over the state of fixed broadband competition and deployment deepened in comments posted Monday for an FCC communications marketplace report due by year-end under the Ray Baum's Act. Several industry commenters cited robust market rivalry and activity benefiting consumers, but consumer advocates generally noted shortcomings in competition, deployment and the data used to measure progress. Parties also disagreed on policy proposals. NCTA and USTelecom painted a positive picture and Incompas offered a circumspect view, in comments posted Friday in docket 18-231 (see 1808170049).
ASPEN, Colo. -- Seeking a national conversation on resolving what some feel are tech's harms, the head of MPAA said that without compromise from internet companies, another option is tweaking laws that let them avoid liability in some situations for what's on their platforms. He said such a change could require additional "proactive steps" for such liability protections. "One of the most vibrant and interconnected human ecosystems in history" is "in serious jeopardy," CEO Charlie Rivkin said of the internet. At a Technology Policy Institute event Monday, he sought "a declaration of accountability for cyberspace." Speaking on the following panel, a representative from Google pushed back on such criticism while saying his company is taking privacy seriously and is eyeing further privacy safeguards.
The FirstNet board will have big leadership changes as FirstNet and AT&T continue the buildout of the national network for first responders. FirstNet said Monday that current Chairwoman Sue Swenson and Vice Chairman Jeff Johnson are leaving the board, even though both could have remained for another year. Both led FirstNet during some of its toughest days before the selection of AT&T last year.
ASPEN, Colo. -- DOJ's antitrust chief will continue to take cases involving mergers and acquisitions to court if those combining won't accede to the department's demands -- even if there's a chance of losing a case, his deputy said. Antitrust Division Chief Makan Delrahim is "not afraid to litigate," said Deputy Assistant Attorney General Barry Nigro in Q&A at a Technology Policy Institute event Monday. He replaced his boss, who couldn't attend as planned. Asked about T-Mobile buying Sprint, AT&T's now-successful buy of Time Warner over DOJ opposition, and a Sinclair/Tribune sale that raised FCC questions, Nigro noted he wasn't commenting specifically and is recused on the last deal.
Incumbents and rivals painted different pictures of fixed broadband competition as the FCC prepares a communications market report by year-end required by the Ray Baum's Act. NCTA said competition "is delivering substantial benefits to consumers," bolstered by deregulation, and USTelecom said the fixed broadband market continues to be "dynamic," with increasing competitive alternatives. But Incompas said "data is insufficient to conclude the fixed broadband marketplace is competitive," and urged the agency to dismiss a USTelecom wholesale forbearance petition. Comments were due Friday in docket 18-231.
More than half the Senate supports the Music Modernization Act, with five lawmakers signing onto the legislation last week, bringing sponsorship to 51. An aide for Sen. Orrin Hatch, R-Utah, the bill's author, told us his office is continuing to push for floor action. Hatch is hopeful for passage this year, given the last-minute compromise on an initially controversial amendment from Texas Republican Sens. Ted Cruz and John Cornyn (see 1808030044).
The federal indictment of Rep. Chris Collins, R-N.Y., won’t set back growing momentum to end 911 fee diversion, with House Communications Subcommittee Vice Chairman Leonard Lance, R-N.J., and Rep. Anna Eshoo, D-Calif., ready to keep Collins’ 911 Fee Integrity Act (HR-6424) moving, FCC Commissioner Mike O’Rielly said in an interview. Increasing national attention by Congress and the FCC is putting pressure on states to stop using 911 funds for unrelated purposes, lawmakers and other officials told us.
Republican senators distanced themselves from far-right conspiracy theorist Alex Jones, who's the subject of widespread social media censorship and an FCC lawsuit (see 1808100025) and 1808150047). Some lawmakers said Thursday they don’t pay any attention to the InfoWars creator or were unfamiliar with his work.