Altice is asking a U.S. District Court in Texas to reconsider a U.S. Magistrate Judge's decision not to move litigation against Altice to a federal court in New York. In a docket 2:23-cv-00576 objection last week, Altice told the U.S. District Court for the Eastern District of Texas that the Magistrate Judge erred in finding that the balance of factors weigh against transferring the 2023 suit from record labels and music publishers alleging contributory copyright infringement (see 2312080050). The Magistrate Judge should have ended the court's analysis by recognizing that the bulk of relevant witnesses are in New York, and that moving proceedings to the U.S. District Court for the Eastern District of New York would be most convenient to them, Altice said.
While expectations are that 6G will be commercialized by 2030, large scale deployments will likely come later, Milap Majmundar, AT&T director-advanced radio access network technology, standards and spectrum, said Tuesday at RCR Wireless’ 6G Forum. In addition, other speakers warned that finding new licensed bands for 6G could prove difficult.
The FCC has congressional authorization to collect Form 395-B data and didn’t violate broadcasters' constitutional rights in issuing its equal employment opportunity order, the agency said in a brief filed Friday in the 5th U.S. Circuit Court of Appeals. The brief responds to challenges against the EEO order brought by the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters. “The mere fact that a regulation takes account of race or sex does not make it suspect,” said the FCC. Adding a nonbinary option to gender choices on the form is a “minor change in terminology” for “a category of information that the Form 395-B already collected in 1992,” and thus is well within the agency’s authority, the FCC said. “Nothing about the collection or disclosure of Form 395-B data interferes with a broadcaster’s ability to communicate its own message or suggests the broadcaster agrees with the FCC’s views.” The agency said it “has a legitimate public interest” in collecting workforce diversity data “to facilitate analysis and reporting on broadcast industry workforce trends.”
FCC announcements: Wireless Bureau’s Jeffrey Tignor moves to Office of Communication and Business Opportunities as acting director and Commissioner Anna Gomez hires Cierra Nokes as executive assistant; also, Frederick Giroux, Enforcement Bureau; Thomas Horan, Media Bureau; Kathleen Campbell, Space Bureau; and Ron Repasi, Office of Engineering and Tech, are retiring … FCC announces winners of agency awards: Robert Pavlak and Kamran Etemad for Excellence in Engineering and Steven Kauffman, Jeffrey Ocker, Alexander Simmons and Paul LaFontaine for Excellence in Economic Analysis … Squirro SaaS platform for generative AI appoints Growth Analytics’ Gary Kearns as board chairman.
The 5th U.S. Circuit Court of Appeals should lift a district court injunction against Texas’ social media law and remand the case to assess the tech industry’s First Amendment challenge at a more granular level, Texas Attorney General Ken Paxton (R) argued Wednesday (docket 21-51178).
The FCC's digital discrimination rules "pile overreach on overreach," said attorney Morgan Ratner on behalf of the Minnesota Telecom Alliance (MTA) and other industry groups challenging the commission's rules Wednesday during oral argument in the 8th U.S. Circuit Appeals Court (see 2407300048). The rules are based on an "unprecedented disparate impact scheme that is in many ways the broadest the federal government has ever seen," the lawyer added. None of the FCC's decisions in its order is based on a "plausible understanding" of Congress' intention.
NCTA reiterated in reply comments this week the group’s advocacy of giving wireless providers six months to unlock handsets after they’re activated, not the FCC’s proposed 60 days (see 2409110019). While a handset unlocking mandate will be good for competition, the FCC should keep in mind the risk of fraud, NCTA said. “It typically takes a mobile wireless provider longer than 60 days to determine accurately whether a handset is subject to fraud or trafficking,” the group said: Comcast has described “why it can take five months or longer to confirm that patterns of missed bill payments and extensive periods of non-usage, the primary indicia of handset fraud, are attributable to trafficking.” Comments were posted in docket 24-186. In another filing of note, the American Financial Services Association (AFSA) agreed with comments that the FCC lacks legal authority to impose a mandate (see 2409240038). “An FCC mandate to unlock handsets before the installment plans are fully paid off would impinge on state law terms of service and financing agreements providers have with customers,” AFSA said. A mandate would also interfere with agreements between carriers and financial institutions “that offset some of the … financial risks associated with financing handsets for customers,” the group said: “Those agreements necessarily require wireless providers to lock handsets to the wireless provider’s service until the installment plan is paid off.” The Cloud Communications Alliance supported a 60-day requirement but said immediate unlocking would be even better. “As the record reflects, requiring unlocking has not impeded the offering of discount pricing plans for mobile devices either in the United States or in other countries,” the alliance said. “The unlocking requirements applied to Verizon have not prevented the company from offering discounts and, as it states in its comments, an industry-wide unlocking standard will not eliminate discount pricing.”
The FCC approved a spectrum swap between T-Mobile and Horry Telephone Co-op (HTC), said an order by the Wireless Bureau and Office of Economics and Analytics in Wednesday’s Daily Digest. T-Mobile and HTC agreed to exchange 20 MHz of HTC’s 600 MHz spectrum for up to 25 MHz of T-Mobile’s cellular spectrum in four counties in South Carolina. T-Mobile also acquired 10 MHz of HTC’s 600 MHz spectrum in two counties in North Carolina. Post-transaction, T-Mobile will hold 293-338 MHz, including 74 MHz of below-one-GHz spectrum, and HTC 92-137 MHZ, including 12-37 MHz below 1 GHz spectrum, in the South Carolina markets, the order said. T-Mobile would hold 390 MHz, including 76 MHz below 1 GHz, in the North Carolina counties. The FCC noted that only EchoStar objected, citing spectrum aggregation concerns. “Based on our review of the record and our market-by-market analysis, we find that the likelihood of competitive harm is low in the markets that are the subject of these transactions, despite T-Mobile’s increase in total spectrum holdings and low-band spectrum holdings,” the FCC said: “We disagree with EchoStar that the proposed assignments would disserve the public interest.”
Industry experts expect the FCC will petition the U.S. Supreme Court for a writ of certiori following the split rulings between the 5th U.S. Circuit Court of Appeals and the 6th and 11th circuits on the Universal Service Fund contribution mechanism, they said during a Schools, Health, Libraries & Broadband Coalition webinar Wednesday. The 5th Circuit sided with Consumers' Research in its challenge of the contribution mechanism and agreed to stay its ruling pending the commission's petition (see 2408270030).
The FCC lacks legal authority to impose handset unlocking rules on carriers and hasn’t done the economic work needed to justify a proposed 60-day unlocking mandate, the Phoenix Center said in reply comments about an NPRM commissioners approved 5-0 in July (see 2407180037). Republican attorneys general from five states said a mandate would be “a significant federal agency overreach.”