Controversy over a broadband bill spilled out into the open at a Louisiana Senate hearing Wednesday. The Senate Commerce Committee deferred the bill for a week as it attempts to resolve cable industry opposition to part of HB-700. That provision would require that Louisiana broadband grant winners collect data for the state broadband office about locations of new broadband infrastructure and “existing water, sewer, or gas infrastructure in the path of excavation funded through” the Granting Unserved Municipalities Broadband Opportunities (GUMBO) program. Lashing out against cable for what he claimed was a “hit piece” against his son, sponsor Rep. Daryl Deshotel (R) nearly spiked his bill. Committee members convinced him not to do so.
The U.S. government will seek dismissal of Vermont National Telephone (VTEL) litigation against Dish Network designated entities (DE) Northstar Wireless and SNR Wireless over allegations of fraud in the 2015 AWS-3 auction. The U.S. is the relator in the VTEL litigation. DOJ filed a notice of intent to intervene and dismiss Friday with the U.S. District Court for the District of Columbia (docket 1:15-cv-00728). It hasn't said in court filings the reasoning behind its move to get the case dismissed, and didn't comment Monday. The U.S. Court of Appeals for the D.C. Circuit in 2022 reversed the lower court's dismissal of VTEL's False Claims Act suit against the Dish DEs and remanded it to the D.C. District Court (see 2205170026).
An FCC draft order on collecting broadcaster workforce diversity data using form 395-B has three votes but may not be approved until next week or later under the agency’s “must vote” procedures, industry officials told us. The draft equal employment opportunity item would make broadcaster diversity data publicly available in an online portal and includes a Further NPRM on extending the rules to cable, industry officials told us. “Broadcasting has such a great influence, it is essential that any hint of discriminatory intent or impact” be considered when assessing a broadcaster’s qualifications to hold a license, said Multicultural Media Technology and Internet Council Senior Adviser David Honig, a longtime supporter of the EEO proposal.
Meta needs to turn over documents and communication related to whistleblower claims that CEO Mark Zuckerberg and executives deliberately ignored recommendations to address social media’s impact on youth mental health, a bipartisan group of Senate Judiciary Committee members wrote the company Tuesday, as expected (see 2311130052). Senate Judiciary Committee Chair Dick Durbin, D-Ill., wrote the letter with Sens. Richard Blumenthal, D-Conn.; Marsha Blackburn, R-Tenn.; Lindsey Graham, R-S.C.; Elizabeth Warren, D-Mass.; and Josh Hawley, R-Mo. They cited an unsealed complaint in a lawsuit Massachusetts Attorney General Andrea Campbell (D) filed against Meta. The complaint shows Zuckerberg “personally vetoed” a new safety feature and supported the company’s underinvestment in platform safety staff, the senators said: “It now seems clear that the root of Meta’s repeated failure to act to enhance the safety of its products starts at the top.”
Repealing Section 230 isn’t the “right answer” for holding tech platforms accountable, Senate Commerce Committee ranking member Ted Cruz, R-Texas, told us last week.
U.S. District Judge Colleen Kollar-Kotelly for the District of Columbia Thursday denied a motion by Dish Network designated entities Northstar Wireless and SNR Wireless for judgment based on the pleadings in a case examining Vermont National Telephone and DOJ allegations of fraud in the 2015 AWS-3 auction. “These allegations were exhaustively litigated before the FCC in an antecedent administrative proceeding and in the court of public opinion,” the court said. "As a result, Defendants argue that the Court should dismiss this case pursuant to the False Claim Act’s ‘public-disclosure’ provision, which requires a Court to dismiss a qui tam action where the fraud allegations were known to the federal government in advance of a relator’s commencement of suit in federal court.” But that provision “is subject to a crucial and dispositive exception: where the United States opposes dismissal,” Kollar-Kotelly said. In this the government “opposes dismissal of all claims, vitiating Defendants’ reliance on the FCA’s ‘public-disclosure’ provision,” she said. Qui tam actions allow private individuals to sue on behalf of the government to recover money that was fraudulently obtained by a person or corporation.
A new Meta whistleblower will testify about the teen “mental health crisis” on Tuesday before the Senate Privacy Subcommittee, the Senate Judiciary Committee announced Friday. Former Instagram consultant Arturo Bejar has shared “new, irrefutable evidence that senior Facebook executives knowingly turned a blind eye to horrific harms to young people on the company’s platforms,” subcommittee Chairman Richard Blumenthal, D-Conn., said in a statement with Sen. Marsha Blackburn, R-Tenn. Citing a new Wall Street Journal report, they said Meta CEO Mark Zuckerberg, Instagram head Adam Mosseri and Meta executives “were personally warned that millions of teens face bullying, eating disorder material, illicit drugs, and sexual exploitation, often within minutes of opening the app.” The company hid this information from Congress, ignored recommendations on how to protect users and rolled back safety tools, the senators said: “Arturo’s first-hand knowledge and damning evidence prove that Meta has put profits ahead of the safety and wellbeing of millions of teenagers, with a deadly toll on young people and families.” The company didn’t comment. Senators vowed to move legislation after the 2021 testimony of Facebook whistleblower Frances Haugen (see 2110050062).
DOD's fretting about GPS interference from Ligado was a ruse to hide that the agency had undisclosed systems using or depending on Ligado spectrum, while not compensating the company for that use, Ligado said Thursday in a complaint filed with U.S. Court of Federal Claims. Named as defendants were the U.S., DOD, Commerce Department and NTIA. Commerce and Defense didn't comment Friday. Calling it "the largest uncompensated taking of private property by our nation’s government in modern times," Ligado said in the 69-page complaint its spectrum rights had an assessed value of $39 billion -- "all of which value has been destroyed by the United States’ unconstitutional taking of Ligado’s property." The litigation doesn't specify what the supposed systems are and indicates they could involve transmitters, receivers or both. Ligado said DOD has indicated it needs exclusive, permanent use of the company's spectrum authorized for wireless terrestrial 5G services. That Defense use "has prevented, and will continue to prevent, Ligado from using its duly and exclusively licensed spectrum for terrestrial services," Ligado said. It alleged uncompensated physical, categorical, regulatory and legislative takings. "If left unchecked, such uncompensated and unfettered appropriation of a company’s FCC license by other government agencies will detrimentally undermine the authority of the FCC to exclusively regulate commercial spectrum, cast doubt on the finality of FCC decision-making and regulatory processes, and create a dangerous precedent of governmental seizure of private property," it said. In its suit, Ligado cites an unnamed DOD whistleblower who allegedly shared internal emails and conversations, plus the company's own talks with current and former government officials. The whistleblower and those talks "lay bare how [Defense and Commerce] fabricated arguments, misled Congress in testimony supporting anti-Ligado legislation, and orchestrated a public smear campaign, which included repeating those false claims to the public and threatening Ligado’s business partners with canceling their own government contracts if they worked with Ligado," the company said.
Liberty Broadband subsidiary GCI Communications agreed to pay $40.24 million to settle allegations it breached the False Claims Act by knowingly inflating its prices and violating FCC competitive bidding rules in connection with its participation in the commission’s Rural Health Care (RHC) program, said DOJ and the FCC in a statement Thursday. Just over $26 million of the settlement amount will be USF restitution payments directly to the FCC under a contemporaneous consent decree with the commission, said the settlement agreement.
The District of Columbia’s 911 office will improve processes and be “transparent and accountable to the public,” said its possible next director, Heather McGaffin, at a D.C. Council committee roundtable livestreamed Wednesday. Judiciary and Public Safety Committee Chair Brooke Pinto (D) pressed McGaffin on how she will make the Office of Unified Communications (OUC) more open about errors responding to emergency calls. The committee mulled confirming McGaffin (PR25-0115) to lead OUC and Lindsey Appiah to be deputy mayor-public safety and justice.