A U.S. District Court in Austin judge denied a Texas motion to stay, pending appeal, the court’s preliminary injunction on the state’s social media law (see 2112070044). “The State largely rehashes the same arguments this Court rejected in its Order,” Judge Robert Pitman wrote Thursday in case 1:21-cv-00840. Pitman disagreed with Texas that his injunction was too broad. The judge granted a motion by plaintiffs NetChoice and the Computer and Communications Industry Association to stay proceedings during the state’s appeal at the 5th U.S. Circuit Court of Appeals.

The Association of National Advertisers condemned Maryland comptroller rules taking effect Monday to implement a digital ad state tax. The comptroller adopted the regulations Nov. 24. “This tax is unconstitutional, costly, and burdensome to the Maryland business community,” said ANA Senior Vice President-Government Relations Chris Oswald Tuesday. “Businesses deserve better than the vague definitions and the challenges that these regulations will create.” The tax is under litigation (see 2111220017).

Maryland’s digital ad revenue tax is unconstitutional and will be a costly burden to small businesses, the Association of National Advertisers said in comments in response to the state’s proposal to adopt new regulations (see 2110140032). The Office of the Comptroller of Maryland is providing guidance for the state's digital advertising gross revenue tax. The American Advertising Federation, Exhibitions & Conferences Alliance, the Motion Picture Association and Maryland Retailers Association signed. The tax violates the Internet Tax Freedom Act, the commerce and due process clauses and the First Amendment, the groups said.

Dish Network said T-Mobile delaying its CDMA shutdown by three months isn’t reason to deny Dish’s petition asking the California Public Utilities Commission to require the wireless carrier adhere to a three-year migration timeline. “While additional time is welcome, three months is not nearly sufficient to protect Boost consumers in California -- many of whom are low income -- who are expected to still be using the CDMA network beyond March 31,” Dish wrote Wednesday in A.18-07-011. Dish said similar last week after T-Mobile's announcement (see 2110250042). Dish will still have well over a million customers on the CDMA network by the cutoff, Chairman Charlie Ergen said on a quarterly call Thursday. “If T-Mobile has their way, those customers will lose service,” he said. “Based on T-Mobile’s testimony in California, they won’t even be able to make 911 calls.” Dish doesn’t oppose the shutdown, said Ergen. “Technology needs to advance, but you can’t do it on the back of customers.” T-Mobile will have to “live with the fact that they’re anti-consumer,” he said. T-Mobile didn’t comment.

Dish Network’s Jeff Blum is pleased his testimony will remain in the California Public Utilities Commission’s review of whether T-Mobile misled the commission about the timing of its CDMA shutdown, the executive vice president-external and legal affairs said Friday. Administrative Law Judge Karl Bemesderfer Thursday denied T-Mobile's motion to strike what Blum said at a Sept. 20 hearing in docket A.18-07-011 (see 2110060050). T-Mobile extended its CDMA shutdown three months Oct. 22 (see 2110250042). Blum said Dish will file a brief Nov. 5 "on why T-Mobile should be sanctioned for misleading the Commission about its premature CDMA shutdown.” T-Mobile didn’t comment.

T-Mobile asked to strike a Dish Network official’s testimony at last month’s California Public Utilities Commission hearing on the wireless carrier’s planned CDMA shutdown (see 2109210040). T-Mobile filed a motion Wednesday in docket A.18-07-012 to remove from the record Sept. 20 testimony by Dish Executive Vice President-External and Legal Affairs Jeffrey Blum, who was the satellite company’s only witness. Blum’s testimony was “irrelevant” to issues raised by the CPUC’s order to show cause, T-Mobile said. “He did nothing more than offer his own personal opinion about how to interpret agreements between the parties and testimony from the prior proceedings.” Blum gave “false testimony ... including fabricated assertions about a three-year CDMA maintenance commitment, and abused the process of this Commission and other government agencies in a bad-faith attempt to hold T-Mobile to this non-existent commitment,” it said: T-Mobile was denied due process because its cross-examination of Blum was “abruptly cut short” when the hearing ended. T-Mobile Technology President Neville Ray "repeatedly testified about a three year migration period during the CPUC’s review of the merger," and the carrier negotiated for an option to lease back 800 MHz spectrum for an extra two years, a Dish spokesperson emailed: "Instead of making meritless claims, T-Mobile should focus on upholding the promises made under oath and ensuring low-income consumers won't be disenfranchised" by a Jan. 1 CDMA shutdown.

T-Mobile "unequivocally denies" it made false or misleading statements or "otherwise violated” California Public Utilities Commission rules during T-Mobile/Sprint review, the carrier told the CPUC Monday. Before a Sept. 20 hearing on Dish Network’s complaint about T-Mobile shutting down its CDMA network, T-Mobile responded to an order saying the carrier may have misled the agency (see 2108160021).

T-Mobile and Dish Network may both testify and cross-examine each other’s witnesses at the California Public Utilities Commission’s Sept. 20 hearing on T-Mobile's shutting down its CDMA network (see 2108160021), Assistant Chief Administrative Law Judge Anthony Colbert ruled Tuesday in docket A.18-07-011.

Texas Gov. Greg Abbott (R) put social media regulation on an agenda for the special legislative session starting Saturday. Thursday's list includes “legislation safeguarding the freedom of speech by protecting social-media and email users from being censored based on the user’s expressed viewpoints, including by providing a legal remedy for those wrongfully excluded from a platform.” Democrats preventing a quorum over a different bill stymied the proposal in the last special session (see 2107130033).

Dish Network wants a California Public Utilities Commission hearing on its complaint about T-Mobile retiring its CDMA network (see 2106100010). Dish filed declarations Friday (docket A.18-07-011) from two Boost Mobile officials to support its claims that T-Mobile committed to maintain CDMA for at least three years.