The FCC Wireless Bureau OK'd waivers for two California-based tribes so they can use the 2.5 GHz band for broadband on land that doesn’t comply with FCC rules. The tribes are the Blue Lake Rancheria and the Torres Martinez Desert Cahuilla Indians. The bureau said it considered each applicant's circumstances.
New York will continue defending its broadband affordability law, with a pact between the state attorney general and ISP plaintiffs a procedural step on the way to appeal, said an AG office spokesperson Friday. New York reserved appeal rights while agreeing not to enforce its law, in the agreement with ISP associations including the New York State Telecommunications Association (NYSTA), USTelecom and CTIA. See our bulletin. “The parties have conferred and agree that the Court’s holdings on preemption” in its June 11 preliminary injunction order “resolve the substantive legal issues in this matter and render the entry of final judgment appropriate,” said the stipulated final judgment (in Pacer). New York reserves the right to appeal the stipulated final judgment, declaration and permanent injunction, it said. “Defendant expressly reserves all appellate rights in this matter.” Assistant AG Patricia Hingerton asked (in Pacer) Judge Denis Hurley to order the proposed stipulation be filed by the parties Friday in case 2:21-cv-02389 at U.S. District Court in Central Islip, New York. Hurley ruled last month that ISPs would likely succeed on conflict and field preemption arguments, and granted the motion for preliminary injunction by NYSTA, CTIA, ACA Connects, USTelecom, NTCA and the Satellite Broadcasting and Communications Association (see 2106110064). New York appealed June 30 to the 2nd U.S. Circuit Court of Appeals (see 2106300071). “It looks like the parties agreed to take steps to move the appeals process forward,” emailed New York Public Utility Law Project Executive Director Richard Berkley. “This case would never have ended after a decision by the trial court; it was always going to be appealed. So this would save the time of having to fight it out in the lower court, then start moving it up the appeals courts' ladder.” ISP groups declined to comment.
Deployment of 5G will be impeded “if we don’t get privacy right,” GSMA Director-Privacy Boris Wojtan told an Omdia webinar Wednesday. “It’s no wonder that there’s an explosion of data protection laws around the world,” he said. “It’s a good 150 now and counting.” The U.S. has had privacy laws in place since the 1970s but is now “perhaps on the verge of adopting something that’s federal and general -- a bit like the California law, but at the federal level,” said Wojtan. “There will always be new regulations and fines to avoid, but the real driver here is trust.” That law is the California Consumer Privacy Act. More “robust” data privacy “programs” are needed that “are broad and more comprehensive and really look at where the risk is,” Wojtan said.
The FTC "fails to state a claim for false or misleading advertising relating to internet speed," Frontier Communications said (in Pacer) Tuesday, asking the U.S. District Court for Central California to dismiss the agency and six states' claim that the ISP misrepresented its DSL speeds to customers (see 2105190052). "None of the plaintiffs can plausibly allege specific jurisdiction over defendants in California." The FTC declined to comment Wednesday.
AT&T and Washington, D.C., area builder JBG Smith signed a letter of intent to work together on “the first 5G Smart City at scale” at the National Landing development, with deployments starting early next year. “5G, with local area compute edges, could make National Landing a prototype for smart cities of the future,” the companies said Tuesday: “The area could also enhance offerings in mobility and self-driving vehicles, immersive retail and entertainment, and building automation and environmental sustainability.”
Colorado’s Broadband Advisory Board in its first six months focused on enhancing broadband data accuracy, including by aligning data collection requirements with the FCC’s broadband data collection program, increasing ISP engagement and seeking legislation to require mapping program participation from broadband funding applicants, the board said in a Monday report. Over the next year, the board aims to build “awareness of the impacts, struggles, strategies and successes regarding broadband in our state,” wrote Chair Bob Fifer. “We will continue to improve our data so that we can make informed decisions and provide compelling guidance as trusted advisors to leadership and stakeholders.” Colorado Gov. Jared Polis (D) created the board in an Oct. 30 executive order (see 2010300022).
The FCC is "expeditiously" reviewing responses to its request for proposal to create the broadband serviceable location fabric, said acting Chairwoman Jessica Rosenworcel in a letter to Rep. Bob Good, R-Va. (see 2107090050). RFP responses were due July 1. A spokesperson for Connected Nation told us it's among those being evaluated.
California Gov. Gavin Newsom (D) was expected to clear $6 billion for broadband, after the Senate and Assembly widely supported the plan (see 2107130054) on Thursday. No lawmaker from either party voted nay. At the livestreamed floor session, Sen. Brian Dahle (R) praised the proposal for letting rural electric cooperatives seek funding. Dahle is “tired of hearing” criticism from private ISPs that he said failed to use earlier funding and haven’t presented solutions.
Utah v. Google is assigned to Magistrate Judge Jacqueline Scott Corley and to the alternative dispute resolution multi-option program. The sides are scheduled to meet for a case management conference 1:30 p.m. PDT Oct. 7 in San Francisco for the state’s antitrust case (see 2107080063) against the company, per a U.S. District Court in San Francisco order in cv-05227 Tuesday.
FCC Commissioner Brendan Carr told reporters Tuesday he's “at a loss” why the timeline for completing the new broadband map isn’t clear (see 2107090050). It “doesn’t need to be a black box,” Carr said: “I’m not really sure why we don’t have an answer to this" because it “drives so many decisions" on broadband funding.