Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
A court ruling striking down USF and the Rural Digital Opportunity Fund would significantly harm millions of people and businesses and threaten the operations and investments of cable operators, NCTA told the 6th U.S. Circuit Court of Appeals in an amicus brief Monday supporting the FCC in Consumer’s Research v. FCC (docket 21-3886). Consumers' Research argued the funding mechanism for the Universal Service Fund violates the U.S. Constitution by delegating tax responsibilities reserved for Congress (see 2212130069). “The tremendous real-world stakes of this case should give this Court pause before entertaining Petitioners’ unprecedented non-delegation theory,” NCTA said. Ending RDOF would threaten internet connectivity across the country and strand investments in broadband infrastructure expansion “without any ability to recover the considerable resources operators have poured into these projects,” NCTA said. “Petitioners fail to give the Court any compelling reason to cut off consumers from their services, upend cable operators’ customer relationships, and disrupt the major investments cable operators have already made in reliance on USF support,” said the filing. Creating a separate funding entity to manage universal access to telecommunications is a common practice internationally and in line with International Telecommunications Union best practices, said Penn State Law Professor Robert Frieden in a separate amicus brief. Having a separate organization, “promotes greater transparency, accountability, and efficiency in the collection and disbursements of funds,” Frieden said.
The 9th U.S. Circuit Court of Appeals granted an FCC motion to extend abeyance on a lawsuit by the League of California Cities challenging the FCC’s June 2020 wireless infrastructure declaratory ruling. Proceedings are stayed until Jan. 30, the court ruled Thursday in case 20-72749. The FCC sought more time to get to five commissioners (see 2211150069). The court has approved multiple previous abeyance requests (see 2207290029) since March 2021.
The 9th U.S. Circuit Court of Appeals granted an FCC motion to extend abeyance on a lawsuit by the League of California Cities challenging the FCC’s June 2020 wireless infrastructure declaratory ruling. Proceedings are stayed until Jan. 30, the court ruled Thursday in case 20-72749. The FCC sought more time to get to five commissioners (see 2211150069). The court has approved multiple previous abeyance requests (see 2207290029) since March 2021.
The Commerce Department’s recent preliminary determination that Southeast Asian solar cells and panels are circumventing antidumping and countervailing duties (see 2212020064) left several questions unanswered, and lawyers for the Solar Energy Industries Association hope the agency will clarify these issues as the case proceeds to its final determinations, they said during a webinar Dec. 13.
The Commerce Department’s recent preliminary determination that Southeast Asian solar cells and panels are circumventing antidumping and countervailing duties (see 2212020064) left several questions unanswered, and lawyers for the Solar Energy Industries Association hope the agency will clarify these issues as the case proceeds to its final determinations, they said during a webinar Dec. 13.
U.S. Trade Representative Katherine Tai and her EU counterpart Valdis Dombrovskis reviewed their civil aircraft working group's ongoing analysis "related to Chinese non-market policies and practices in the sector, such as industrial planning and targeting, discriminatory and anti-competitive activities of State- or Party- controlled entities, State-directed purchases, financial support, and forced technology transfer policies. They also exchanged views on the long-term risks to their market-oriented sectors from China’s state-directed industrial dominance goals." Tariffs on European goods and tariffs on U.S. exports related to the Airbus-Boeing subsidy dispute were lifted in June 2021, but the U.S. said its tariffs were paused for five years as the two sides try to work out a permanent agreement on subsidies and on protecting their industries from Chinese competition that they say is a result of oversubsidization and other trade abuses.
Importers and exporters of solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam must complete and sign certifications within the next several weeks for any entries after April 1, 2022, to avoid antidumping and countervailing duties imposed in the preliminary determination of an anti-circumvention inquiry released by the Commerce Department on Dec. 2.
A federal judge declined to pause a Florida Telephone Solicitation Act case Wednesday, despite plaintiff Tyler DeSouza and defendant AeroCare expressing hope about mediation (see 2211280013). U.S. District Court of Middle Florida Judge Roy Dalton in Orlando denied parties’ motion for stay in case 6:22-cv-01047-RBD-LHP. “While the Court encourages mediation, it will not delay the docket in the meantime,” he wrote.
Importers and exporters of solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam must complete and sign certifications within the next several weeks for any entries after April 1, 2022, to avoid antidumping and countervailing duties imposed in the preliminary determination of an anti-circumvention inquiry released by the Commerce Department on Dec. 2.