Wording in the FCC's broadband data caps notice of inquiry (see 2410150069) makes it "pretty clear the agency is really itching to ban data caps and, in turn, to regulate usage-based pricing," International Center for Law & Economics Senior Scholar Eric Fruits blogged Wednesday. Rather than ban or significantly restrict data caps and usage-based pricing, the agency should prioritize a regulatory approach "that encourages innovation and investment, while safeguarding consumer interests," Fruits wrote. That approach would optimally use existing antitrust and consumer protection rules to foster pricing transparency, he argued.
The FTC violated the Constitution and exceeded its rulemaking authority when it issued a rule aimed at making it easier for consumers to cancel subscriptions, the U.S. Chamber of Commerce, NCTA, the Interactive Advertising Bureau and other industry groups said in three different lawsuits filed Tuesday in three separate appeals courts.
The FCC Wireless Bureau and Office of Economics and Analysis have approved T-Mobile’s buy of 600MHz spectrum licenses from LB License, said an order in Wednesday’s Daily Digest. “After carefully evaluating the potential competitive effects of the proposed assignment, we find that the likelihood of competitive harm is low,” the order said. T-Mobile has leased the spectrum from LB since 2020, the order said. EchoStar filed a petition to deny the deal, arguing that it would harm competition, but the agency disagreed. “We find that, post-transaction, the likelihood of competitive harm remains low in the markets that are the subject of this transaction,” the order said.
DOJ will push to end Google’s distribution agreements with companies like Apple, but a structural breakup isn’t likely to gain traction in the department’s antitrust lawsuit against the search giant, former DOJ and FTC officials said Tuesday (see 2410090035, 2410100036 and 2410160035).
A staunch opponent of giving FirstNet access to the 4.9 GHz band says the FCC decision to do that will head to court. The approved order, released Tuesday, said its aim is "more robust use" of the band, with FirstNet able to use unassigned spectrum in the band. Coalition for Emergency Response and Critical Infrastructure (CERCI) Chairman Kenneth Corey called the FCC order "unlawful, unnecessary, and an affront to public safety communications professionals across the country." He added, "This decision will be challenged and will be litigated."
SpaceX's claims that EchoStar's Dish Network's proposed terrestrial fixed wireless service can't coexist with Starlink operations in the lower 12 GHz band (see 2409040035) are "a textbook example of how to manipulate a technical analysis to reach a predetermined conclusion," EchoStar said Friday in docket 20-443. A SpaceX study randomly places fixed 5G base stations, ignoring that their location is the key to sharing, and its analysis "was designed to fail," EchoStar said. The SpaceX analysis assumes fixed 5G systems must operate constantly at full power, when they actually can dynamically adjust their power output. EchoStar also submitted a study simulating a denser distribution of Starlink terminals than SpaceX's analysis, but with EchoStar fixed 5G base stations deliberately placed to minimize interference. It said the results show coexistence without interference is "widely feasible." Consultancy RKF Engineering conducted EchoStar's study.
A one-day GPS outage could cost the American economy $1.6 billion, NextNav said Monday, citing a Brattle Group economic analysis it commissioned. NextNav said its petition seeking to reconfigure the 902-928 MHz band to allow a terrestrial complement to GPS for positioning, navigation and timing services (see 2404160043) represents "the equivalent of offering the American economy a $10.8 billion insurance policy to protect against GPS outages," or 20 years of insurance premiums.
Mississippi’s social media age-verification law doesn’t violate the First Amendment because it regulates online conduct, not speech, Mississippi Attorney General Lynn Fitch (R) argued Thursday before the 5th U.S. Circuit Court of Appeals (docket 24-60341) (see 2409260053). NetChoice won a preliminary injunction against the law from the U.S. District Court for Southern Mississippi in July (see [Ref:2407160038). Fitch is appealing to lift the injunction. Mississippi argued Thursday that the district court failed to fully review all applications of HB-1126 through a “demanding facial analysis.” The new law requires “commercially reasonable” efforts on age verification, parental consent and harm-mitigation strategies, said Fitch in her reply brief: “Those requirements pose no facial First Amendment problem.” She argued the law applies to interactive functions on platforms and harmful conduct. “That focus does not regulate speech.”
The FCC violated the Communications Act by not rolling back broadcast ownership rules in the 2018 quadrennial review (QR) order, ignoring the increased competition broadcasters face, said petitioners Zimmer Radio, Nexstar, NAB, Beasley Media and Tri-State Communications in a reply brief filed in docket 24-1480. It was filed in the 8th U.S. Circuit Court of Appeals Tuesday. In addition, all four network affiliate groups and a host of radio companies filed intervenor briefs against the FCC. The Communications Act's provision requiring QRs -- Section 202(h) -- isn't a “check-the-box exercise,” said the petitioner’s brief. “Congress intended it to operate as a mechanism of continuing deregulation,” and the plain text instructs that the FCC “demonstrate affirmatively that its rules remain necessary in light of competition” or “modify or repeal them entirely.”
The FCC in a 3-2 vote adopted a notice of inquiry seeking comment on the impact of data caps on consumers and competition in the broadband marketplace. The NOI "launches a formal proceeding through which the agency can hear from those impacted by data caps," said a news release Tuesday. Comments are due by Nov. 14, replies Dec. 2, in docket 23-199. Commissioners Brendan Carr and Nathan Simington dissented.