Congress, not courts, should decide net neutrality, said a federal judge Tuesday, ruling from the bench denying ISPs a preliminary injunction against California’s law (see our bulletin). “I don't find that the plaintiffs have demonstrated a likelihood of success on the merits at this stage of the litigation,” said Judge John Mendez on the motion by ACA Connects, CTIA, NCTA and USTelecom in case 2:18-cv-02684. This paves the way for the law to take effect, cheering fans of using Communications Act Title II to regulate broadband service, while industry plaintiffs agreed with the judge that Congress must step in.
A Wednesday House Communications Subcommittee hearing on broadcasting and cable companies’ role in spreading disinformation focused on letters two subpanel members earlier sent to 12 major providers asking them to justify carrying Fox News, Newsmax and One America News Network, as expected (see 2102230001). Republicans said the letters (see 2102220068), from Reps. Anna Eshoo and Jerry McNerney, both D-Calif., are evidence Democrats want to punish conservative news media. Democrats emphasized they aren’t seeking new legislation to regulate the media.
There won’t be legislative announcements from leadership at Thursday’s hearing on tech antitrust, House Antitrust Subcommittee Chair David Cicilline, D-R.I., told us Wednesday. But he expects the conversation to further define specific proposals. Legislative proposals could touch on interoperability, explicit prohibitions on favoring products and services, and nondiscrimination, he said. The hearing focus will be on the power of dominant firms to exclude competitors and favor products and services to make it difficult for entrants to compete, he added.
In an apparent win for carriers, acting FCC Chairwoman Jessica Rosenworcel is proposing a standard auction for the 3.45-3.55 GHz band, offering the big license sizes favored by national providers. The auction would start Oct. 5 and use an ascending clock format. The FCC also released its open radio access network notice of inquiry and public safety items for the March 17 commissioners’ meeting.
6 GHz incumbents and Wi-Fi advocates clashed about a January notice from the Office of Engineering and Technology on whether the FCC should allow client-to-client device communications (see 2101110031), in comments posted through Tuesday in docket 18-295. The agency is considering more sweeping changes, based on a Further NPRM approved 5-0 in April. Shortly before the end of the Trump administration, OET sought comment on one additional change.
Much of the FCC's focus under Democrats has been on COVID-19-related spending for broadband, and that will continue, said William Davenport, chief of staff to Commissioner Geoffrey Starks, at a Wireless Infrastructure Association virtual conference Tuesday. Others agreed implementing spending mandated by Congress will dominate the early months under acting Chairwoman Jessica Rosenworcel.
Senate Intelligence Committee Chairman Mark Warner, D-Va., and Sen. John Cornyn, R-Texas, suggested Tuesday it might be time for legislation on mandatory notification requirements for cyberattacks. Microsoft and FireEye executives agreed with the suggestion, which would include liability protection, during a hearing on the SolarWinds breach (see 2102180043).
A federal judge Tuesday questioned ISPs’ commitment to voluntarily follow net neutrality principles. ACA Connects, CTIA, NCTA and USTelecom at the teleconferenced hearing urged the U.S. District Court in Sacramento to support their preliminary injunction motion against California in case 2:18-cv-02684. Judge John Mendez repeatedly asked plaintiffs about what harm the 2018 California law (SB-822) would cause if allowed to take effect. The hearing was still going at 6 p.m. EST.
Democrats and Republicans appeared to be drawing battle lines before a House Communications Subcommittee hearing Wednesday over whether broadcasters, cable companies and streaming services should continue to carry conservative media outlets that critics claim deliberately disseminate disinformation. Lobbyists expect the hearing to largely be a venue to score political points, rather than a precursor to legislation. The virtual hearing begins at 12:30 p.m. EST.
FCC acting Chairwoman Jessica Rosenworcel said 5G issues will be a focus at the March 17 commissioners’ meeting, circulating a draft order to start an auction of the 3.45-3.55 GHz band in early October (see 2102230046). She plans a notice of inquiry opening a “formal discussion” on open radio access networks, the FCC said Tuesday. Rosenworcel announced Monday commissioners will vote on rules for the $3.2 billion emergency broadband benefit program (see 2102220065).