Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions.
321 de minimis
De minimis is a policy described in Section 321, 19 USC 1321. It allows the import of articles duty and tax free, provided their aggregate fair retail value does not exceed $800 in the country from which the articles are imported. Additionally, the articles must be imported by only one person on one day. The previous de minimis threshold was $200, but the Trade Facilitation and Trade Enforcement Act increased it to $800.
DOJ is likely to seek a ban against Google’s default search deals with companies like Apple in the department’s search market monopoly lawsuit against the platform, legal experts on opposite sides of the case said last week. Whether the department can successfully force Google to sell off Chrome or Android is an open question, they said.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The FCC unanimously approved an order Wednesday creating an alert code for missing adults and an NPRM on proposed revisions for the robocall mitigation database. At their open meeting, commissioners also voted on an item that protects consumers from AI in robocalls (see 2408070037). “We do not have a tool on par with Amber alerts to raise awareness and assist with recovery efforts of those 18 and older,” Chairwoman Jessica Rosenworcel said of the new Missing and Endangered Persons (MEP) alert code. “I think it would make a difference if we did. Because while only one third of those who go missing are adults, they account for 70% of people who are never found.” Though originally scheduled for Wednesday morning, the meeting’s start time was pushed back nearly three hours due to flight delays that affected Rosenworcel, she said.
The full FCC unanimously granted low-power FM licensee Park Public Radio’s appeal of a Media Bureau decision rejecting the company's modification application in part for being filed a few hours too early, an order released Tuesday said. The item was slated for Wednesday’s open meeting but listed as an “adjudicatory item” on the agenda. The matter concerns Park’s March 3, 2021, application to modify KPPS-LP, St. Louis Park, Minnesota. Its modification would have interfered with another station that was silent for a year and had a license that expired at 3 a.m. the next day, April 1. Another licensee, Central Baptist Theological Seminary of Minneapolis, filed a conflicting application to modify its translator at 9 a.m. on April 1. The Media Bureau originally rejected the Park application and granted Central Baptist's because the silent station’s license hadn’t yet expired when Park filed and the application had short spacing defects. The full FCC ruled that Central Baptist's and Park’s filings were premature, and should have been filed after the MB issued a public notice announcing cancelation of the silent station’s license. The FCC also ruled that the Media Bureau should have allowed Park to amend its defective application. In the past, the agency has acknowledged that previously filed defective modification applications could, if corrected, prevail over later filed nondefective applications, the order said. The order rescinds the grant to Central Baptist and maintains the dismissal of the Park application but allows Park to refile an amended application.
CTIA and the U.S. Chamber of Commerce backed AT&T’s challenge of the FCC's fine for data violations, filing amicus briefs in the 5th U.S. Circuit Court of Appeals. On a 3-2 vote in April, commissioners imposed fines against the three major wireless carriers for allegedly not safeguarding data on customers' real-time locations years earlier (see 2404290044).
Blue Origin hopes to launch its Moon Lander MK1 Pathfinder for an orbital mission around the moon as soon as Q1 2025, it said in an FCC Space Bureau application posted Friday. The Pathfinder cargo lander will carry sensors and cameras; it will collect data and assist with training for Blue Origin's lunar program, the company said.
A bipartisan group of senators on Wednesday formally filed legislation that would establish liability for sharing AI-driven content without the original creator’s consent. Sens. Chris Coons, D-Del.; Marsha Blackburn, R-Tenn.; Amy Klobuchar, D-Minn.; and Thom Tillis, R-N.C., introduced the Nurture Originals, Foster Art and Keep Entertainment Safe (No Fakes) Act (see 2310120036). The measure would hold individuals, companies and platforms liable for creating and hosting such content. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness,” Coons said in a statement. The Computer & Communications Industry Association said the bill is “well-intentioned,” but as written it would “undermine Section 230, place limits on freedom of expression, and shrink fair use.” In addition, it lacks provisions protecting fair use and free expression, said Brian McMillan, vice president-federal affairs: “We understand the risks of false information that appears real, as our members deploy many algorithmic tools to identify and respond to deepfakes. This legislation emphasizes liability over support for these efforts.”
The full FCC approved a $2.3 million forfeiture against Bronx, New York, pirate radio broadcaster Johnny Peralta, an order released Thursday said. Peralta was operating the pirate station La Mia Radio for years. The Enforcement Bureau initially contacted him in 2018. EB agents have noted La Mia Radio’s continued unauthorized broadcasts ever since, according to a notice of apparent liability in November. Peralta didn’t respond to the NAL, the FCC said. The forfeiture is the maximum allowed under law. “Some of the most egregious pirate radio operations are run by individuals who have ignored prior enforcement actions by the Commission,” the forfeiture order said. “As such, it merits the strongest possible enforcement measures to the fullest extent of the law.” The FCC lacks the power to enforce collecting fines, especially from non-licensees. Only DOJ can bring delinquent forfeiture subjects to court, but broadcasters have told us that the high fine amounts like Peralta’s are expected to make pursuing collection more worthwhile for prosecutors. Peralta couldn’t be reached for comment. The forfeiture order was originally part of the agenda for Wednesday's FCC meeting, though it was listed only as an Enforcement Bureau item, as is typical for enforcement actions. A deletion notice was released late Thursday.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.