Whether the FCC 2019 access stimulation order erases reciprocal compensation for long-distance and high-volume calls was at issue during oral argument Tuesday at the U.S. Court of Appeals for the D.C. Circuit in Great Lakes case 19-1233 (see 1911200061). Judges Robert Wilkins, Neomi Rao, and Laurence Silberman presided. Some were skeptical of the plaintiff's arguments the order prevents reciprocal comp and treats competitive carriers differently from long-distance carriers. Wilkins didn't ask any questions. The FCC relied primarily on the statutory provision that lets it prevent unreasonable charges, said Silberman, questioning why the rules aren’t reciprocal.
Connecticut and Massachusetts are among states weighing digital ad taxes, after Maryland enacted one and despite industry lawsuits against that state. A proposed 5% Massachusetts tax on businesses making at least $25 million annually in digital ad revenue there is meant to remedy a “market failure right now with large data companies making billions of dollars off of people’s personal data” without appropriate compensation, Rep. Dylan Fernandes (D). He like others spoke in recent interviews. Tech and advertising industry groups say such state taxes are illegal and bad policy.
Expect the FTC's new rulemaking group to actively work to fill gaps left in its authority by a recent Supreme Court decision (see 2104270086), former officials said in interviews. Some anticipate more administrative litigation over consumer protection cases.
Stakeholders are increasing outreach before the FCC's emergency broadband benefit program starts on May 12 (see 2102250066). Some remain concerned whether EBB efforts will reach consumers that need the support the most, they said in recent interviews.
Gray Television agreed to buy Meredith’s 17 TV stations for $2.7 billion, they announced (see here and here) Monday. This includes one overlapping market where Gray plans to divest a station, it won’t put Gray over national ownership limits, and it isn’t expected to hit regulatory snags, broadcast attorneys and analysts said in interviews. Expected to be completed in Q4, the deal would make Gray No. 2 broadcaster by revenue. It would give Gray access to larger markets and leaves room for more acquisitions, making the company a “super-broadcaster,” said Noble Capital Markets' Michael Kupinski.
Despite changes to patent, copyright and criminal law, China remains one of the top countries the U.S. is targeting for weak intellectual property protections, said the Office of the U.S. Trade Representative Friday in its annual special 301 report (see 2004290059). China needs to strengthen such protection and enforcement, fully implement IP measures, stop forcing technology transfers to Chinese companies, open its market to foreign investment, and “allow the market a decisive role in allocating resources,” USTR said. “Severe challenges persist because of excessive regulatory requirements and informal pressure and coercion to transfer technology to Chinese companies, continued gaps in the scope of IP protection, incomplete legal reforms, weak enforcement channels, and lack of administrative and judicial transparency and independence.”
It isn't clear what the FCC will decide on the July 13 DTV switch and channel 6 low-power TV stations, leaving some in industry guessing, they said in recent interviews. These LPTV outlets call themselves LP6 stations, while opponents call them “Franken-FMs.” These small stations seek to continue offering analog radio signals as an ancillary service while broadcasting video in ATSC 3.0.
Florida’s comprehensive privacy bill failed Friday amid disagreement over a private right of action. HB-969 sponsor Rep. Fiona McFarland (R) looks “forward to continuing the good work on this complicated issue in the next session,” she wrote. Legislators passed SB-7072 Thursday to make it unlawful for social media sites -- other than theme park owners -- to deplatform political candidates. It requires sites to be transparent about policing users.
New York Gov. Andrew Cuomo (D) vowed to fight six telecom associations challenging the state for requiring all ISPs to sell a $15 monthly internet plan to low-income households. Claiming the program is preempted rate regulation, the New York State Telecommunications Association, CTIA, ACA Connects, USTelecom, NTCA and Satellite Broadcasting & Communications Association sued Friday in the U.S. District Court for Eastern New York (case 21-cv-2389). Industry is “turning a blind eye to the needs of its most vulnerable customers once again,” said New York Public Utility Law Project (PULP) Executive Director Richard Berkley.
Industry commenters told the FCC that open radio access networks are the future for telecom infrastructure in comments on a March notice of inquiry (see 2103170049). FCC Democrats and Republicans emphasize the importance of open networks to building secure networks, free of equipment from Huawei and ZTE (see 2104260054). Comments, due Wednesday, stressed the need for standards and asked Congress to fund ORAN research.