The parties in a cell tower access dispute “have engaged, and continue to engage, in meaningful negotiations,” said a Monday status update (docket 2:23-cv-00764) in response to a temporary restraining order issued by U.S. District Court Judge James Graham March 31 (see 2304030026) in District Court for Southern Ohio in Columbus. Graham granted a temporary 14-day restraining order under Rule 65(b) of the Federal Rules of Civil Procedure requiring defendant Thomas Branham to deliver keys for a locked gate to plaintiff STC Two. Plaintiffs requested an additional 14 days Monday, to April 24, saying the parties would benefit from additional time to resolve the pending claims and counterclaims before the court sets case management deadlines. STC Two and Global Signal alleged Thomas Branham, who owns the property where STC has a cell tower, installed a padlock at the entrance of the tower site, in breach of his lease to STC Two, and refused to remove it (see 2303270025). Branham continued to obstruct the Global Signal company’s access to the cellsite “in blatant violation” of the lease, which entitles its employees to access “24 hours per day, 7 days per week,” the complaint said. In his trespass counterclaim, Branham said STC built and placed the cell tower on his property, which is enclosed by metal fencing. The tower wasn’t placed within the boundaries of the easement Branham granted, he said, so when STC employees and customers access the tower, they “must traverse defendant’s land to gain access,” he said. STC’s trespass has been “knowing and intentional,” resulting in “unconsented to and a malicious violation of” the grant of easement and Branham’s use of his land, he said.

The Court of International Trade on April 11 again sent back the Commerce Department's application of an adverse facts available rate to countervailing duty respondent Risen Energy Co. for its alleged use of China's Export Buyer's Credit Program in the sixth administrative review of the CVD order on solar cells from China. Judge Jane Restani said that Risen provided enough gap-filling information related to 95% of its sales to cover the Chinese government's failure to explain the EBCP.

The Court of International Trade on April 11 sent back the Commerce Department's remand results in a case on the sixth administrative review of the countervailing duty order on crystalline silicon photovoltaic cells from China. Judge Jane Restani ruled Commerce did not properly use adverse facts available for respondent Risen Energy Co.'s alleged use of China's Export Buyer's Credit Program, finding the exporter provided enough gap-filling information from its customers to show that 95% of its sales did not benefit from the EBCP. Restani also sent back the agency's use of a 2010 CBRE market view report for Thailand in its land benchmark calculation and Commerce's use of Descartes data to value ocean freight.

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U.S. District Judge James Graham for Southern Ohio granted a temporary 14-day restraining order under Rule 65(b) of the Federal Rules of Civil Procedure requiring defendant Thomas Branham to deliver keys for a locked gate to plaintiff STC Two, said the Friday order (docket 2:23-cv-00764) in U.S. District Court for Southern Ohio in Columbus. STC Two alleged that Branham, who owns the property where STC has a cell tower, installed a padlock at the entrance of the tower site, in breach of his lease to STC Two, and refused to remove it (see 2303270025). Branham continued to obstruct the Global Signal company’s access to the cellsite “in blatant violation” of the lease, which entitles its employees to access “24 hours per day, 7 days per week,” the complaint said. In his trespass counterclaim, Branham said STC built and placed the cell tower on his property, which is enclosed by metal fencing. The tower wasn’t placed within the boundaries of the easement Branham granted, he said, so when STC employees and customers access the tower, they “must traverse defendant’s land to gain access,” he said. STC’s trespass has been “knowing and intentional,” resulting in “unconsented to and a malicious violation of” the grant of easement and Branham’s use of his land, he said. Branham said STC failed to complete "to the satisfaction of the City of Columbus” the permit process, causing the city to look to him for noncompliance with permit ordinances. Also, Branham said, STC risked disturbing the occupancy of his other tenants, in violation of the lease, and “may have failed to provide” an insurance certificate, also in violation of the lease. STC won’t be harmed financially if it’s enjoined from its "unlawful trespass."

The Office of Foreign Assets Control on April 3 migrated its website to a new domain and launched a redesign of the site, featuring a new “streamlined” landing page, an “enhanced” frequently asked questions search tool, a filter for its sanctions program search and more. The agency said it plans to make “continued improvements to its site in the months and years ahead” and encouraged users to submit feedback by emailing O_F_A_C@treasury.gov.

Expect yet more announced partnerships involving supplemental coverage from space (SCS) services in coming months, satellite industry insiders and watchers told us. Agreements announced in recent months include Apple and Globalstar (see 2209070016), Iridium and Qualcomm (see 2301050061), SpaceX and T-Mobile (see 2208260038), Ligado/Viasat/Skylo (see 2303020023) and AST SpaceMobile and Nokia, plus AST and Lynk signing deals with numerous mobile network operators. All MNOs and handset operators will have some kind of satellite-enabled direct-to-handset capability within a handful of years on part of their network, experts said.

CBP should consider developing a new process to connect the “lowest level house bill of lading information” to the exporting carrier’s manifest for certain multi-modal exports, a Commercial Customs Operations Advisory Committee working group said this week. COAC’s Export Modernization Working Group, which outlined the recommendation during a March 29 COAC meeting, said the process would apply to multi-modal shipments “exporting the U.S. via land borders, for subsequent departure from non- U.S. air/seaports to foreign destinations.”

AT&T seeks declaratory and injunctive relief based on the denial by Kootenai County, Idaho, of AT&T’s June 15 application for a conditional use permit to build, operate and maintain a wireless telecommunication facility in the northwest corner of the state near the Washington border, said the carrier’s complaint Wednesday (docket 2:23-cv-00124) in U.S. District Court for Idaho. The proposed facility includes a 150-foot-tall lattice tower with a five-foot lightning rod installed at the top of the tower and related ground equipment on a seven-acre undeveloped parcel of land that's zoned “agricultural suburban,” it said. The tower would be fashioned from galvanized steel, “with an anti-glare finish to best blend with the surrounding area,” it said. AT&T needs the proposed facility to close a “significant” wireless service gap in the county, and it’s “the least intrusive means” to remedy that gap, it said. The local board of county commissioners approved AT&T’s application Oct. 27, but the board granted reconsideration and reversed the approval Feb. 28, concluding that the original approval was made in error, it said. The denial “is not supported by substantial evidence,” in violation of the Communications Act’s Section 332, it said. The county “has effectively prohibited AT&T’s installation of telecommunications and personal wireless service facilities,” also in violation of the statute. The denial also came more than 150 days after AT&T’s submission of a complete application, in violation of the FCC’s shot clock, it said. AT&T seeks an expedited review of its complaint as federal law requires, it said. The county didn’t comment.

The Commerce Department didn't adequately address questions raised by countervailing duty respondent Jiangsu Zhongji Lamination Materials Co. over the agency's use of certain benchmark information for the land program, the Court of International Trade ruled in a March 21 opinion made public March 29. Upholding parts and sending back parts of the 2016-17 administrative review of the CVD order on aluminum foil from China, Judge Timothy Reif said Commerce must reconsider its analysis of the contemporaneity of data it used for the land program benchmark.