Communications law firms remain busy two months-plus into the COVID-19 pandemic. Transactional work slowed, but the FCC has stayed busy. With states starting to reopen, lawyers said in interviews this month they expect a normally busy summer. Some expect an inevitable slowdown after the November election, especially if there's a change in leadership in Washington.
If enforcers pursue an antitrust case against Google, it will be difficult to prove and is unlikely to result in major platform restructuring, ex-DOJ officials said in interviews. Econ One Research Managing Director Hal Singer argued there's a case to be made against Google’s advertising technology practices, and Public Knowledge Senior Policy Counsel Charlotte Slaiman cautioned against predictions until all facts are known.
Cable, state and consumer officials say legal fights in Maine and New Jersey with cable operators challenging state prorating laws aren't likely to be replicated elsewhere because momentum is unlikely for other statehouses to adopt such rules and many states lack cable authority. Not offering pro rata refunds is a relatively new cable practice, and Maine and New Jersey losing their fights with Charter and Altice, respectively, could be "a green light" for other cable operators to follow suit, said Consumers Union (CU) Senior Policy Counsel Jon Schwantes.
The FCC’s $48 million settlement with Sinclair Broadcast doesn’t find the company in violation of the FCC’s candor rules, nor require the company to admit violations of the good faith negotiation or of candor requirements, said the order and consent decree released Friday. It also prevents any future enforcement action or petitions to deny based on the company’s sponsorship ID violations or other matters (see 2005060063).
With the FCC auction of priority access licenses (PAL) to start in July, and companies using the general authorized access (GAA) tier, speakers on a FierceWireless webinar Thursday saw growing interest in the citizens broadband radio service band. Speakers from three of the five FCC-authorized spectrum access system (SAS) administrators, CommScope, Federated Wireless and Google, said they are demonstrating CBRS will live up to the hype.
As the EU general data protection regulation nears its second anniversary May 25, privacy officials said this month the law is working well, but they need more resources. It's of "utmost importance" national governments fund data protection authorities (DPAs) effectively, European Data Protection Board Chair Andrea Jelinek said. Priorities for the third year include more intensive work on advanced technologies such as artificial intelligence and blockchain, plus guidance on the implications of COVID-19 for data protection, said EDPB's annual report, issued Monday.
Digital Millennium Copyright Act Section 512, which governs online infringement, is “unbalanced” and out of sync with Congress’ original intent, the Copyright Office concluded (see 2005210029) in a years-in-the-making report Thursday. It highlighted areas where the tech and creative industries have clashed over the years, drawing mixed reviews. "While the Office is not recommending any wholesale changes to section 512, the Report points out these and other areas where Congress may wish to consider legislation to rebuild the original balance between rightsholders and online service providers,” the office said.
Major associations wrote congressional leaders Thursday backing legislation funding replacement of Huawei and ZTE equipment in U.S. networks. Industry questioned the FCC approach on equipment by the two Chinese companies, in comments on how provisions in the Secure and Trusted Communications Networks Act affect supply chain security rules. The March law lacks funding for gear replacement (see 2003130083). Industry representatives told us they hope lawmakers fund it soon.
Many small and mid-sized broadband and voice providers quickly signed up for the Keep Americans Connected pledge extension (see 2005140063). Now, some said in interviews, expenses associated with KAC could start to become serious if it goes beyond its current June 30 span. Some don't expect the FCC pledge to get another extension.
Several petitions for reconsideration of the FCC's Ligado L-band plan approval were filed, as expected, (see 2004200039). The company's backers told us the likely audience is Capitol Hill, with the aim of trying to generate interest in a legislative solution. Senate Communications Subcommittee Chairman John Thune, R-S.D., said in an interview he's siding with the FCC amid continued headwinds from the leaders of the House and Senate Armed Services committees and some other lawmakers (see 2005080043).