The FCC Media Bureau's finding that a group of broadcasters violated per se good-faith negotiating standards in talks with AT&T could be a seminal moment that puts teeth into what some consider toothless rules, lawyers with retransmission consent negotiation experience told us. Others said the rules aren't ambiguous, so Friday's decision (docket 19-168) in response to AT&T's complaint (see 1906190027) provides little new clarity. Everyone agreed such rulings in favor of complainants are rare, and some attorneys told us they believe this is the first time broadcasters have been found in violation of the good faith rules.
The FCC is again under pressure to mandate backup power for cellsites, after widespread outages during California wildfires. The issue isn’t new, and questions are growing. Commissioner Jessica Rosenworcel told us now is time to act.
No lawsuits were filed at the Court of International Trade, and no appeals of CIT decisions were filed at the U.S. Court of Appeals for the Federal Circuit, during the week of Oct. 28 - Nov. 3.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 21-27:
International Trade Today is providing readers with some of the top stories for Oct. 21-25 in case they were missed.
The U.S. Court of Appeals for the Federal Circuit recently denied a petition from Ford Motor Company to reconsider its recent decision that Ford Transit passenger vans converted into cargo vans post-importation are nonetheless classified in the tariff schedule as cargo vans (see 1906070061). Trade groups had criticized the June 7 ruling in briefs filed in support of Ford’s rehearing requests, arguing that the Federal Circuit’s consideration of the van’s use after importation upends a century of precedent on the current tariff classification scheme, and results in confusion for importers (see 1908070066). Ford’s lawyer did not immediately comment on the company’s next steps.
A domestic manufacturer and labor union filed petitions on Oct. 22 with the Commerce Department and the International Trade Commission requesting new antidumping duty investigations on forged steel fittings from India and South Korea, and new countervailing duties on the same product from India. Commerce will now decide whether to begin AD/CVD investigations on forged steel fittings that could eventually result in the assessment of AD/CV duties. The petition was filed by Bonney Forge Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW).
Trade groups representing Connect America Fund ISP auction participants urged in interviews and filings with the FCC to fine-tune a draft order on reconsideration that would update broadband performance measurements for the rural, high-cost USF program. Commissioners vote on the order, in docket 10-90, Friday (see 1910040053). Interested parties met with officials, sometimes repeatedly, in recent weeks.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 14-20:
Companies and trade groups warned the Treasury Department that the proposed regulations for the Foreign Investment Risk Review Modernization Act may repel foreign investors and customers, fails to clearly define “critical technologies” and could place trusted trading partners at disadvantages, according to comments due Oct. 17.