The FTC "click-to-cancel" rule and California's automatic renewal law amendments give the FTC and private plaintiffs new leverage in challenging advertising claims for any company selling products on an auto-renewal or continuous service basis, say Venable lawyers. Shahin Rothermel, Ari Rothman and Claudia Lewis blogged Tuesday that the additional leverage has "potentially business-ending implications" as the two provide new rights of action where companies could face millions of dollars in liability for allegedly false or misleading claims about products or services. However, multiple challenges of the FTC rule (see 2410240001) could delay its implementation date of 180 days after publication in the Federal Register, they said.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The California Public Utilities Commission should consider recent federal actions on incarcerated people's communications services (IPCS) before adopting a permanent intrastate rate cap, industry and consumer groups argued in comments posted Wednesday. However, The Utility Reform Network (TURN) and Center for Accessible Technology (CforAT) suggested lowering the cap again on an interim basis. The CPUC received comments Tuesday on a Sept. 30 staff proposal recommending a permanent intrastate rate cap of 4.5 cents per minute for IPCS voice calls.
Indian Peak Properties has long flouted Rancho Palos Verdes land use laws and ignored neighbors, the California city said. In addition, the company is using its appeal before the U.S. Court of Appeals for the D.C. Circuit "as a post hoc end-run around five different state or federal court rulings and two prior [FCC] rejections," it added. In an amicus brief filed Monday with the appellate court (docket 24-1108), the city said the company, operating from a home, is trying to get protection of FCC rules by expanding the agency's over-the-air reception devices (OTARD) rule in a way the commission didn't envision, the statute didn't authorize and that is inconsistent with legislative intent. Indian Peak is appealing an FCC order denying its petitions for declaratory ruling seeking a federal preemption under the OTARDs rule of a decision by Rancho Palos Verdes to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property (see 2405060035). Rancho Palos Verdes urged dismissal of Indian Peak's appeal. The city said Indian Peak's arguments that its first FCC petition, sent in April 2020, should have stayed all ongoing proceedings in the California courts "is a manifest abuse of the process and a misreading of governing law."
The FCC will coordinate with the California Privacy Protection Agency (CPPA) on privacy efforts, the federal agency said Tuesday. The FCC’s privacy and data protection task force signed a memorandum of understanding with the CPPA, which is charged with rulemaking and enforcement related to California privacy laws, including the California Consumer Privacy Act. Under the pact, the two agencies will “share close and common legal interests in working cooperatively to investigate and, where appropriate, prosecute or otherwise take enforcement action in relation to privacy, data protection, or cybersecurity issues.” FCC Chairwoman Jessica Rosenworcel said, “Coordinated state and federal partnerships like this are essential to our privacy work.” CPPA Executive Director Ashkan Soltani said the partnership will “help increase trust and security in the digital marketplace.” CPPA Enforcement Head Michael Macko added, “collaboration is key to vigorous enforcement.” Also Tuesday, the CPPA released an agenda for its Nov. 8 board meeting. The agency may vote to advance draft rules, including on automated decision-making technology, risk assessments, and cybersecurity audits, to a formal rulemaking, it said. The board also has plans for considering possible changes to data broker registration requirements.
State broadband regulators and industry officials highlighted efforts at addressing pole attachment processes to facilitate broadband deployment Tuesday. During an FCBA webinar (see 2312130044), some mentioned increased coordination among utilities, attachers and other stakeholders to streamline the process and enable faster deployment. Several highlighted workforce issues as a barrier.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The California Public Utilities Commission is mulling ways it can support broadband adoption in the wake of the federal affordable connectivity (ACP) program ending, Communications Division Director Rob Osborn said during the California Broadband Council’s meeting Tuesday. The state is making significant progress advancing its broadband-for-all goals, reported Scott Adams, deputy director of the California Department of Technology (CDT) broadband and digital literacy office.
The FCC's over-the-air reception devices (OTARDs) rule clearly requires a regular human presence at an antenna's location, and the agency had plenty of evidence that Indian Peak Properties failed to argue its antenna fell within the rule's scope, the commission told the U.S. Court of Appeals for the District of Columbia Friday. Indian Peak is appealing an FCC order denying Indian Peak's petitions for declaratory ruling seeking a federal preemption under the OTARDs rule of a decision by Rancho Palos Verdes, California, to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property (see 2405060035). In a docket 24-1108 respondent brief, the FCC said Friday that using the service provided by the antenna requires a human presence. It "does not mean it can put an antenna on an empty building and claim the Rule’s protection from valid zoning laws," the FCC said. The commission said that while Indian Peak argues the FCC should have put the company's petitions on public notice, initiating a proceeding, not doing so didn't deprive Indian Peak of the antennas' use, as it was the city, using California courts and their due process, that resulted in Indian Peak removing its antennas.
Verizon formally asked the California Public Utilities Commission to approve its $20 billion acquisition of Frontier Communications. California and many other states will review the deal, which was announced last month (see 2409050010). The companies also filed an application at the FCC last week (see 2410160049). “Verizon possesses the financial standing and expertise necessary to optimize Frontier’s networks,” the companies said in their Friday application at the CPUC. “By leveraging its significant financial strength, capital resources, and unparalleled technology, tools, and training, Verizon will build on Frontier’s post-bankruptcy efforts since April 2021 to deliver better service, increase value, and offer more choice to current Frontier customers.” The transaction’s benefits “will be achieved with no offsetting public interest harm, as Verizon and Frontier do not materially compete and have no plans to do so,” they added.