The solicitor general asked the Supreme Court not to review the merits of cert petitions appealing the U.S. Court of Appeals for the D.C. Circuit ruling that upheld the previous FCC's 2015 Title II Communications Act net neutrality order. Given the current FCC's January reversal order, the SG asked justices to grant cert but vacate the D.C. Circuit judgment and remand the 2015 order litigation with directions to declare related legal challenges moot, or to consider the effect of the 2018 order. Some thought the SG's request had a good chance.
Regulatory hurdles are the top hurdle for Energous, CEO Stephen Rizzone said of the company's wireless charging plans. Some of its products have gotten FCC OK (see 1804110034). Following Q2 results that included a slightly narrower net loss of $12.3 million as revenue fell 31 percent from the year-ago quarter to $205,773, shares closed 8.9 percent lower Thursday at $12.32.
Executives from the Center for Democracy and Technology and BSA|The Software Alliance agreed this week the U.S. needs federal privacy regulation. They said the ultimate goal should be international harmonization of privacy rules. Europe took an important step implementing the general data protection regulation, and now partners need to work toward international consensus on privacy, said BSA CEO Victoria Espinel on a scheduled weekend telecast of C-SPAN’s The Communicators.
Commissioners approved a radio incubator order 3-1 Thursday, with Commissioner Jessica Rosenworcel dissenting and calling the item “modest” and muddled. “There is nothing bold here,” she said. “I fail to see how it will make a material difference in the diversity of media ownership.” The final version of the order adhered to NAB’s positions on comparable markets and that ownership waivers be transferable, as expected (see 1807310072).
The FCC approved 4-0 rules for the nation’s first auction of high-band spectrum for 5G. Commissioners Jessica Rosenworcel and Mike O’Rielly raised questions about the approach. The commission will auction the 28 GHz band first, with an auction starting Nov. 14, with a 24 GHz auction to follow immediately. Members also approved a Further NPRM aimed at making additional high-band spectrum available for 5G.
The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
Apple is the latest tech interest to decry new U.S. tariffs related to intellectual property disagreements, and those recently proposed by the Trump administration on Chinese goods (see 1807260024 and 1807240031). Tariffs "show up as a tax on the consumer and wind up resulting in lower economic growth” that can sometimes bring about "significant risk of unintended consequences,” said CEO Tim Cook on a quarterly earnings call Tuesday after regular U.S. markets closed.
Pandora shares closed up 15 Wednesday at $7.73 following its earnings report after regular U.S. markets closed Tuesday showed double-digit growth in advertising and subscriptions. Analysts Wednesday hailed the results, still noting a long road to profitability and much competition. “With management struggling to fine-tune the strategy and a highly competitive environment where Spotify and Apple have clear momentum, we believe Pandora remains a long way from sustainable profitability,” said Dougherty & Co.'s Steven Frankel.
It’s clear Russian adversaries have gotten better at masking social media influence campaigns, Senate Intelligence Committee Vice Chairman Mark Warner, D-Va., told reporters after a hearing on foreign interference. A day earlier, Facebook announced it removed 32 pages and accounts potentially linked to Russian disinformation efforts there and on Instagram. Like Warner, Facebook suggested the account holders, who weren't identified as Russian, are using more sophisticated methods (see 1807310067) for manipulating the platforms than the malicious behavior during the 2016 election.
Critics are mobilizing opposition to the Trump administration’s third round of proposed tariffs on Chinese imports, which also drew Apple and other tech concern this week (see 1808010069). More than 300 people in various industries filed requests in docket USTR-2018-0026 by the Friday deadline to appear at Office of the U.S. Trade Representative hearings, virtually all to testify against the tariffs. USTR didn’t comment.