ISP associations appealed last month's court ruling denying their preliminary injunction against California's net neutrality law to the 9th U.S. Circuit Court of Appeals Tuesday (in Pacer and see 2102230073), as expected. ACA Connects, CTIA, NCTA and USTelecom told U.S. District Court in Sacramento of their plans. "As the district court has already recognized, California has the authority to protect and enforce net neutrality during ongoing litigation," said a state DOJ spokesperson. "We will continue to fight for net neutrality in court and oppose all efforts to stop enforcement of the law.”
State and local officials backed Connecticut broadband regulations proposed by Gov. Ned Lamont (D) that would require universal buildout while updating infrastructure rules. But telecom industry officials opposed HB-6442 as regressive overreach, at the livestreamed Joint Energy and Technology Committee hearing Tuesday. Anticipating federal net neutrality action, some Connecticut lawmakers questioned the need for SB-4. Telecom lawyers disagreed in recent interviews on how other states will be affected by last month’s ruling by U.S. District Court in Sacramento allowing California’s law to take effect.
Providers are gearing up to offer discounted services through the FCC emergency broadband benefit program. The $3.2 billion program is expected to help millions of low-income consumers and those hit hardest by the pandemic (see 2102260058).
ACA Connects promotes John Higginbotham to executive vice president-chief operating officer, Caroline Persinger to manager-grassroots, and Tomeika Slappy to assistant to President-CEO Matt Polka ... Jenner & Block advances partner Rebekah Goodheart to co-chair, Communications, Internet and Technology Practice ... Latham & Watkins hires ex-FTC Competition Bureau Director Ian Conner as partner, Litigation and Trial Department and member, Antitrust and Competition Practice.
The FCC released rules for the $3.2 billion emergency broadband benefit program Friday. The order adopted several recommendations that commissioners sought, including a uniform start date for participating providers and a streamlined approval process for noneligible telecom carriers (ETCs). Commissioners unanimously voted to approve the rules Thursday (see 2102250066). Commissioner Brendan Carr's statement Friday showed he voted to approve in part and concur in part.
Consider including ISPs "in measures to address the chip shortage, support initiatives that will expand domestic innovation and investment in semiconductor development and manufacturing facilities for all industries and ensure coordination across government and with industry partners on supply chain matters,” four ISP groups urged President Joe Biden Thursday. Biden signed an executive order Wednesday, as expected (see 2102240065), that directs agencies do a 100-day comprehensive review of U.S. supply chains for semiconductors and three other products. It directs the Commerce Department to do a one-year review of the U.S. supply chain for information and communications technology. “Take a whole-of-government approach” in its review of U.S. supply chain issues “and leverage existing public-private partnerships addressing specific supply chain risks,” ACA Connects, CTIA, NCTA and USTelecom wrote Biden. “Work with Congress to fully fund” the Creating Helpful Incentives to Produce Semiconductors for America Act. The measure passed in the FY 2021 National Defense Authorization Act (see 2101030002).
Industry groups clashed with consumer advocates and wireless providers whether E-rate should be used for self-provisioning services to students, in replies posted Wednesday in docket 21-31 on a Schools, Health & Libraries Broadband Coalition's petition to temporarily support remote learning (see 2101260055). That would raise "practical, financial, and legal issues that are too complex," and funding should be used to support existing services, said Verizon. USTelecom, NTCA and NCTA agreed. ACA Connects said its members "readily install wireline service within days of getting an order," and it "exceeds the performance of mobile wireless service." A coalition of advocacy groups, including New America, Public Knowledge, Consumers Reports, Common Sense, Benton Institute for Broadband & Society and Access Humboldt, disagreed: Verizon's argument is "self-serving" and "willfully ignores the Herculean efforts many school districts have already undertaken" to connect students during the pandemic. Schools should be given the flexibility to "use hybrid approaches tailored to local circumstances," like fixed wireless services that "authenticate students directly to the school's network," the groups said. Approve the use of fixed wireless services because they can be deployed "very quickly," the Wireless ISP Association urged. Incompas agreed: Allow "hotspots, mobile wireless towers, or equipment that can reasonably be expected to support remote learning." UScellular and the National School Boards Association echoed that. "Setting aside support for any technology should be rejected in favor of permitting people to choose services that best suit their educational needs," said UScellular. Allow E-rate funds to be used for remote learning beyond the pandemic because "not all students will be able to reenter the classroom when doors reopen on day one," said Zoom.
Congress, not courts, should decide net neutrality, said a federal judge Tuesday, ruling from the bench denying ISPs a preliminary injunction against California’s law (see our bulletin). “I don't find that the plaintiffs have demonstrated a likelihood of success on the merits at this stage of the litigation,” said Judge John Mendez on the motion by ACA Connects, CTIA, NCTA and USTelecom in case 2:18-cv-02684. This paves the way for the law to take effect, cheering fans of using Communications Act Title II to regulate broadband service, while industry plaintiffs agreed with the judge that Congress must step in.
A federal judge Tuesday questioned ISPs’ commitment to voluntarily follow net neutrality principles. ACA Connects, CTIA, NCTA and USTelecom at the teleconferenced hearing urged the U.S. District Court in Sacramento to support their preliminary injunction motion against California in case 2:18-cv-02684. Judge John Mendez repeatedly asked plaintiffs about what harm the 2018 California law (SB-822) would cause if allowed to take effect. The hearing was still going at 6 p.m. EST.
A federal judge denied preliminary injunction for ISP associations against California’s net neutrality law at a teleconferenced Tuesday hearing at the U.S. District Court in Sacramento. The comments came following industry and government arguments. See our news report here.