Illinois' Cable and Video Competition Law (CVCL) doesn't give East St. Louis a right of action to seek video service provider franchise fees from streaming services, U.S. Magistrate Judge Mark Beatty of East St. Louis ruled Friday, dismissing a putative class action complaint brought by the city. In the docket 3:21-CV-561 order Friday granting the streaming service defendants' motions to dismiss (see 2203290039), Beatty said CVCL explicitly says the state attorney general can institute a lawsuit for CVCL violations, but it doesn't say that local government units can do likewise. That the AG's office hasn't pursued a suit "does not somehow mean the statutory enforcement framework is an inadequate remedy," said the order. There was no oral argument, with Beatty in the order calling it "not necessary." The city didn't comment.
Illinois' Cable and Video Competition Law (CVCL) doesn't give East St. Louis a right of action to seek video service provider franchise fees from streaming services, U.S. Magistrate Judge Mark Beatty of East St. Louis ruled Friday, dismissing a putative class action complaint brought by the city. In the docket 3:21-CV-561 order Friday granting the streaming service defendants' motions to dismiss (see 2203290039), Beatty said CVCL explicitly says the state attorney general can institute a lawsuit for CVCL violations, but it doesn't say that local government units can do likewise. That the AG's office hasn't pursued a suit "does not somehow mean the statutory enforcement framework is an inadequate remedy," said the order. There was no oral argument, with Beatty in the order calling it "not necessary." The city didn't comment.
Two legal fights over attempts to charge streaming services local video franchise fees are heading from federal courts to state jurisdictions. U.S. Magistrate Judge Mark Beatty in East St. Louis, Illinois, sided Thursday with Shiloh, Illinois, in its request that its franchise fee suit be remanded to the state Circuit Court in St. Clair County, Illinois. Beatty said in his docket 3:21-CV-807 order that numerous federal courts facing similar streaming franchise fee suits have favored remand to state courts since the litigation involves state taxation regimes. Being sued are DirecTV, Dish Network, Disney, Hulu and Netflix, which had opposed Shiloh's motion. The same defendants dropped their appeal of a U.S. District Court decision to remand a video franchise fees fight to Georgia state court. In a docket 21-13111 order Thursday, the 11th U.S. Circuit Court of Appeals granted the appellants' motion to dismiss.
Two legal fights over attempts to charge streaming services local video franchise fees are heading from federal courts to state jurisdictions. U.S. Magistrate Judge Mark Beatty in East St. Louis, Illinois, sided Thursday with Shiloh, Illinois, in its request that its franchise fee suit be remanded to the state Circuit Court in St. Clair County, Illinois. Beatty said in his docket 3:21-CV-807 order that numerous federal courts facing similar streaming franchise fee suits have favored remand to state courts since the litigation involves state taxation regimes. Being sued are DirecTV, Dish Network, Disney, Hulu and Netflix, which had opposed Shiloh's motion. The same defendants dropped their appeal of a U.S. District Court decision to remand a video franchise fees fight to Georgia state court. In a docket 21-13111 order Thursday, the 11th U.S. Circuit Court of Appeals granted the appellants' motion to dismiss.
Some Congressional Black Caucus leaders urged President Joe Biden to nominate DLA Piper’s Smitty Smith as FCC chairman, amid lawmakers' amplified calls for the administration to name people of color as commissioners. Lawmakers and others told us there’s uncertainty about Biden’s timeline for selecting a nominee to cement a Democratic FCC majority, seen as necessary to make changes to net neutrality rules and other potentially controversial matters, given the current 2-2 split (see 2101060055).
A cable programmer suing Comcast for alleged racial discrimination for not being picked up for carriage is getting support before the Supreme Court from some members of Congress, in docket 18-1171 amicus briefs. Pointing to how the high court's construction of Section 1981 of federal anti-discrimination law could affect interpretation of other anti-discrimination statutes the U.S. enforces or that apply to the federal government, the Solicitor General is asking to take part in Nov. 13 oral argument.
The perspectives from Congress, Canada and Mexico -- and a former acting U.S. trade representative -- diverge wildly on how much can be changed in the new NAFTA to garner votes for approval and how difficult it will be to get it passed in 2019. Miriam Sapiro, who was acting USTR and is now with SVC Public Affairs, used the term “lovely miracle” to describe how she’d feel if it passed this year. Rep. Kevin Brady, R-Texas, the ranking member on the House Ways and Means Committee, said it's clear that the metals tariffs on Canada and Mexico -- without quotas -- have to have a date certain to come off before Congress members are really about to start “to count the noses.”
While most of the witnesses on the first day of Section 301 tariffs hearings on Aug. 20 asked that items be taken off the tariff list, several companies and a trade group asked that more products be taxed. Mike Branson, executive vice president of Rheem Manufacturing's air conditioning division, said he was pleased that several subheadings in heading 8415 were on the latest list of targets. But he said 8415.94.40 and 8414.90.80 need to be added, "otherwise Chinese exporters of finished good air conditioners will be able to avoid the tariffs."
Commissioner Brendan Carr will visit southern Nevada Monday to assess the “impact that high-speed broadband can have on small businesses, healthcare, education, and economic development in these rural communities,” the FCC said in a Friday news release. Carr plans to visit Beatty, Amargosa Valley, Pahrump and Mountain Springs in rural parts of Nye and Clark counties. Chairman Ajit Pai last year assigned Carr the task of leading work on wireless infrastructure rules. Carr will be in Las Vegas next week for the NAB Show.
Commissioner Brendan Carr will visit southern Nevada Monday to assess the “impact that high-speed broadband can have on small businesses, healthcare, education, and economic development in these rural communities,” the FCC said in a Friday news release. Carr plans to visit Beatty, Amargosa Valley, Pahrump and Mountain Springs in rural parts of Nye and Clark counties. Chairman Ajit Pai last year assigned Carr the task of leading work on wireless infrastructure rules. Carr will be in Las Vegas next week for the NAB Show.