The FCC's supplemental coverage from space framework draft order would see the service operate in select spectrum bands and on a secondary rather than a co-primary basis. The agency on Thursday released agenda items for commissioners' March 14 open meeting. A vote on the framework is expected that day. Also on the agenda are orders for "all-in" pricing disclosures by multichannel video distributors and launch of a voluntary cybersecurity labeling program, initially focused on wireless consumer IoT “products." In addition, Commissioners will vote on a report raising the FCC's broadband speed benchmark to 100/20 Mbps and an NPRM proposing creation of an emergency alert system code for missing and endangered adults.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
AT&T is appealing a magistrate judge’s Oct. 25 decision granting summary judgment for Lane County, Oregon, and dismissing AT&T’s complaint to reverse the county’s denial of its application to build a 150-foot-tall cell tower (see 2310260038), said its notice of appeal Thursday (docket 6:22-cv-01635) in U.S. District Court for Oregon in Eugene. U.S. Magistrate Judge Mustafa Kasubhai denied AT&T’s motion for reconsideration Jan. 25 (see 2401260009). In granting summary judgment for the county, the judge held that AT&T failed to exhaust its remedies under Oregon’s administrative land use process. AT&T’s motion for reconsideration “raises no new arguments and fails to demonstrate any mistake” in the court’s reasoning or other reason that justifies relief under Rule 60(b)(1) or (6), said the Kasubhai’s denial order. The 9th U.S. Circuit Appeal Court docketed AT&T’s appeal as case number 24-855. AT&T's mediation questionnaire in the appeal is due Wednesday, and May 10 is AT&T's deadline for its opening brief, said the 9th Circuit's time schedule order Friday. The county's answering brief is due June 10, said the order.
The opening brief of Milwaukee’s Deer District is due March 27 in its appeal to reverse a district court’s Jan. 29 decision ordering the city to issue Verizon’s requested permits to install small cells and utility polls in the pedestrian mall outside the Fiserv Forum in time for July’s Republican National Convention (see 2402120027), said a 7th U.S. Circuit Appeals Court briefing order Friday (docket 24-1212). Verizon’s answering brief is due April 26, said the order. The Deer District’s optional reply brief is due May 17, 59 days before the convention’s opening day. The Deer District was an intervenor-defendant in Verizon’s small-cells dispute with Milwaukee in the district court. Both Milwaukee and the Deer District contend that the city has no authority to approve the installation of small cells and poles on land adjacent to the Fiserv Forum that it doesn’t control. Milwaukee’s long-term lease with the state-authorized Wisconsin Center District (WCD), owner of the Fiserv Forum, “is the functional equivalent of vacated right-of-way with a reversionary interest,” said the city. The lease created a private property right in favor of WCD, which subleases that right to the Deer District, an entity controlled by the NBA’s Milwaukee Bucks, whose home games are at the Fiserv Forum.
The U.S. will appeal a Court of International Trade case on the 2017 review of the countervailing duty order on solar cells from China, it said in a Feb. 16 notice of appeal. The government lost at the trade court with regard to its land benchmark calculation and use of adverse facts available pertaining to China's Export Buyer's Credit Program (see 2312200026).
U.S. District Judge Rebecca Pallmeyer for Northern Illinois in Chicago granted summary judgment for Geneva, Illinois, over Verizon, finding that substantial evidence supported the city’s denial of Verizon’s applications to build a cell tower on a Geneva parcel of land called the Oscar Swan, said her signed memorandum opinion and order Wednesday (docket 1:22-cv-04151). There remain “material factual disputes” concerning whether the city’s denials materially inhibited Verizon from providing telecommunications services, in violation of the Telecommunications Act, as Verizon alleged. She thus denied both parties’ motions for summary judgment on the material inhibition claims.
A senior fellow at the Center for Strategic and International Studies said the dissection of Russian military equipment used in the Ukraine war frequently uncovers Western-made microchips.
Tribal broadband advocates discussed the potential significance of a proposal giving tribes access to lower 12 GHz spectrum in a call with FCC Commissioner Brendan Carr. Dish Network made the proposal (see 2309110061). The advocates noted the importance of conveying the licenses to tribal governments. “Because Tribal lands are held in trust, they cannot serve as collateral for loans,” said a filing posted Wednesday in docket 20-443. FCC licenses “are accepted by banks and other lending institutions as collateral,” the groups said: “Holding a license, not merely permission to use spectrum, is therefore not merely a matter of semantics or even a matter of Tribal sovereignty. Holding a license opens doors to needed capital to build the network.” Among those on the call were Public Knowledge, Tribal Broadband and the Open Technology Institute.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 5-11:
Exporters are reporting container costs changing from week to week due to attacks by Houthi rebels on commercial cargo ships moving through the Red Sea, said Eric Bartsch, the secretary of the USA Dry Pea & Lentil Council and the American Pulse Association. Bartsch, speaking during a Feb. 7 Federal Maritime Commission hearing on Red Sea shipping disruptions (see 2402070078), said many of pea, lentil and pulse exporters are small businesses, and 65% of their crops are exported.