Oral arguments for January and February "will go on as scheduled," said the U.S. Court of Appeals for the District of Columbia Circuit's updated webpage. Previously it had mentioned only January's arguments. Challenges to the FCC's net neutrality rollback order are scheduled to be heard Feb. 1 in Mozilla v. FCC, No. 18-1051.

Between $50 and $100 is a reasonable price when faced with a legitimate claim for using a copyright-protected image, IP lawyer-experts agreed Friday at an FCBA event. Not all claims should be considered legitimate, said Fletcher Heald's Kevin Goldberg, NPR Senior Associate General Counsel Ashley Messenger and Ballard Spahr's Adrianna Rodriguez on “copyright trolls.” With a legitimate claim, a settlement is infringer's first thought, Goldberg said, and the object is to come to conclusion as quickly and painlessly as possible. Speakers stressed the importance of rigorous record-keeping to ensure online publishers know when they’re using content legally. Rodriguez suggested something as simple as an Excel spreadsheet with rights information. Messenger said NPR handles about one claim per month, and it’s usually the result of a good-faith editorial-staff mistake. The $100 range for a photo is reasonable, she said. Goldberg agreed.

House Commerce Committee Chairman Frank Pallone, D-N.J., wrote FCC Chairman Ajit Pai seeking an emergency Monday briefing for committee staff on why the commission hasn't ended top wireless carriers' unauthorized location data disclosures (see 1901100046). The briefing “cannot wait” until the end of the partial government shutdown (see 1901100020), which has put most FCC activities on hiatus, because it's “in the interest of public safety and national security,” Pallone said. The agency “once again appears to have dragged its feet in protecting consumers,” he said. “While some carriers have now recommitted to stopping such unauthorized disclosure, the public can no longer rely on their voluntary promises to protect this extremely sensitive information.” The FCC “must take immediate action to ensure no wireless carrier is allowing the rampant disclosure of real-time location data and take enforcement action against carriers that violated the Commission’s rules and the trust of their customers,” Pallone said. Verizon is joining AT&T in ending location aggregation agreements, a practice criticized over claims carriers sold customers' real-time location that bounty hunters accessed, a spokesperson said Friday. Verizon noted it wasn’t among companies -- AT&T, Sprint and T-Mobile -- included in the Motherboard report. Verizon and the other three major carriers agreed to end such arrangements in the summer in response to a report on data brokers enabling misuse of customer data. “We have followed through on our commitment to terminate aggregation arrangements and provide location information only with the express consent of our customers,” Verizon said. The company ended deals with data broker Zumigo and by March will end agreements with roadside assistance companies, Verizon said. T-Mobile and Sprint didn't comment.

A federal appeals court denied local governments a stay of the FCC’s September wireless infrastructure order that takes effect Monday (see 1901090033). In a possible setback for the FCC, the 10th U.S. Circuit Court separately in No. 18-9568 agreed with cities it's effectively part two of the agency’s August pole attachments order and should be transferred to the 9th Circuit, which is weighing a Portland, Oregon, lawsuit against the August order. Cities “failed to meet their burden of showing irreparable harm if a stay is not granted,” the 10th Circuit ruled (in Pacer) Thursday. Granting transfer (in Pacer), the Denver court concluded “the FCC’s August Order and its September Order are the ‘same order’ for purposes of § 2112(a).” The 10th Circuit was chosen by court lottery, but cities argued Portland technically was first to challenge if that order was considered part one (see 1811300034). Selection of the 10th Circuit was considered good news for the FCC because the court is split evenly between Democratic and Republican judges and considered more middle of the road, whereas the San Francisco-based 9th is considered the most liberal and activist (see 1811060046). Commissioner Brendan Carr tweeted that the order taking effect “will help every community enjoy the economic opportunity that 5G will enable.” The transfer is good news for local governments because historically the 9th Circuit “has taken a more narrow view of what qualifies as an effective prohibition on broadband deployment,” blogged locality consultant Tellus Venture President Steve Blum. The FCC and an attorney for San Jose and the other cities declined comment. Seeing the transfer order, the D.C. Circuit on Friday dismissed (in Pacer) as moot an FCC motion to transfer a similar case (AT&T v. FCC, No. 18-1294) from that venue to the 10th Circuit. The Washington court asked parties to show cause why it shouldn’t move petitions to the 9th Circuit. In a separate infrastructure case, the National Resources Defense Council urged the D.C. Circuit to reject the FCC’s March wireless order in United Keetoowah Band v. FCC, No. 18-1129 (see 1812050010). The commission “overlooks the additional responsibilities that the National Environmental Policy Act ... imposes on it independent from the Commission’s obligations under the Communications Act” and “the continuing federal role it plays in overseeing the conduct of those it licenses to provide wireless service,” the council replied (in Pacer) Friday.

Negotiations between President Donald Trump's administration and Capitol Hill to end the partial government shutdown appeared to be at a standstill Thursday, the shuttering's 20th day, over the continued disagreement over funding for a wall on the U.S.-Mexico border. Midnight Friday would make it a record-length shuttering. Trump told reporters he will “almost definitely” declare a national emergency to siphon off Defense Department funds for the border wall if negotiations with the Hill don't progress. Vice President Mike Pence opposed a bid by Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., and other Republicans to seek a deal with Democrats that would fund the wall in exchange for temporary protections for immigrants. “I have never been more depressed about moving forward than I am right now,” Graham told reporters. “I just don’t see a pathway forward."

Broadband drives cable stock valuations, and new household formation is critical to growth in an increasingly saturated market, MoffettNathanson analyst Craig Moffett told investors Thursday. "As goes broadband, so goes the cable industry," he said. "There’s probably no more than 5 or 6 percent of the equity value -- or, in fact, the enterprise value -- of the cable stocks that we cover accounted for by their video businesses." The rest "is their broadband businesses, writ large," he added. Since 2008, Moffett said, cable has relentlessly taken wireline broadband market share, and despite telco network upgrades, "there’s still about 70 percent of the country where cable has an emphatically better technology than what it competes against.” He said it's "striking how little efficacy" telco price discounts had in spurring broadband gains. With "wired plus satellite" broadband reaching 80 percent penetration of occupied households, the industry growth rate slowed "because there just aren’t as many homes left to penetrate," and the remaining ones "are harder to penetrate," because they have mostly elderly and low-income residents. But “the growth rate of broadband has meaningfully accelerated in the last three quarters," he said. "All of that is attributable to an acceleration in new household formation."

AT&T is eliminating all location aggregation services, “even those with clear consumer benefits,” after a report carriers sold customers' real-time location data eventually accessed by bounty hunters (see 1901090066), a spokesperson said Thursday. AT&T stopped most location aggregation services last year but maintained some that “protect our customers, such as roadside assistance and fraud prevention,” the spokesperson emailed. “We are immediately eliminating the remaining services and will be done in March.”

Several telecom service providers will give federal employees a break during the government shutdown (see 1901080004), they said. AT&T, CenturyLink, Frontier Communications, Sprint, T-Mobile, Verizon and Windstream indicated in their responses to our survey and in announcements they won't disconnect such customers during the partial shuttering. It's "Frontier’s usual business practice to develop payment plans with qualified customers to keep their service uninterrupted," said a representative. Sprint care reps "will coordinate with qualified customers and our financial team to find a payment option that works and keep your service uninterrupted during the government shutdown," said CEO Michel Combes Tuesday. "T-Mobile is providing account support to customers directly affected by the U.S. government shutdown to ensure their wireless service remains available during the closure," the carrier said Saturday in a statement. That applies to government-account customers, said the carrier that's buying Sprint. "Verizon is standing by to help with flexible payment options to keep your service running," Nancy Clark, senior vice president-customer service, said Monday. Its offer is for wireline and wireless customers, said a spokesperson Wednesday. "Just because the government shutdown [sic], doesn’t mean that your phone, TV, and internet should stop working too," said AT&T Wednesday. "As long as the shutdown is in effect, our customer service team will waive late fees, provide extensions, and coordinate with you on revised payment schedules." CenturyLink "has always worked with customers having difficulty paying their bills so there is no need to offer special payment solutions for those impacted by the government shutdown," a rep said. Windstream's "normal process is to work with customers facing financial hardship to avoid any interruption of service for nonpayment," said a spokesperson. He noted its provisions in this situation are similar to Sprint's. Cox Communications "will work with individual customers on a case by case basis as always," emailed a spokesperson Wednesday. He and some other companies wouldn't say if they're committing to keeping service going for all federal employees and/or agencies during the government's shuttering or be more specific about their plans. Comcast has "mechanisms" to "work with all customers" on such issues, a rep said. Altice and Charter Communications didn't comment.

FCC Commissioner Brendan Carr applauded Sioux Falls, South Dakota, after Mayor Paul TenHaken (R) and the city council voted unanimously Tuesday for an ordinance authorizing 5G wireless infrastructure deployment. “The city’s forward-thinking leadership gets it,” Carr said Wednesday in a statement. “By charging cost-based fees, Sioux Falls promotes broadband deployment consistent with the FCC’s September infrastructure decision.” The local law (see page 19) authorizes the mayor to sign an agreement with Verizon Wireless to install and maintain small-cells facilities in the right of way. The carrier would pay $175 annually per pole and a $500 application fee to install small cells on any city streetlight pole or to replace a pole for that purpose.

"The broad wireless industry" should "commit to labeling something 5G only if new device hardware is connecting to the network using new radio technology to deliver new capabilities," Verizon asked of "competitors, vendors and partners." AT&T noted it's starting such an indicator, which drew criticism from rivals. Verizon "won’t take an old phone and just change the software to turn the 4 in the status bar into a 5," blogged Chief Technology Officer Kyle Malady Monday. "People need a clear, consistent and simple understanding of 5G so they are able to compare services, plans and products, without having to maneuver through marketing double-speak or technical specifications." To let AT&T "customers know when they’re connecting to a 5G Evolution tower, we’re rolling out a '5G E' indicator initially on a handful of 5G Evolution capable devices," emailed a spokesperson Tuesday. Devices with that indicator include the Samsung Galaxy S8 Active and LG V30 and V40. The carrier's 5G Evolution is in over 400 markets, he noted. Sprint Chief Technology Officer John Saw said "AT&T is blatantly misleading consumers -- 5GE is not real 5G." Sprint has its "sights on providing our customers with contiguous coverage using the first 5G smartphone in the U.S.," he added. The company is being sold to T-Mobile, whose CEO John Legere asked on Twitter if AT&T really thinks "customers would fall for their mountain of '5G E' BS?!" Legere said "@verizon isn’t innocent in all this 5G puffery. They’re up on a soap box right now saying they’d 'never do what @att is doing,' but from where I stand they’re doing the same thing." T-Mobile didn't comment further to us on Verizon. All Sprint would say on the subject is that it will market "real 5G that is standards based in the first half of 2019." 5G Americas President Chris Pearson declined comment on Verizon, as did CTIA and the Competitive Carriers Association.