USTelecom companies, in a deal with member Windstream, changed a proposal so that it would now increase by almost twice the amount of time telcos wouldn't be able to raise prices for unbundled network element connections that competitors can use to reach their own customers. Other telecom companies using such UNEs weren't swayed by the association's changed FCC forbearance proposal posted Friday in docket 18-141, after the past version drew a letter of protest earlier last week to leaders of the Senate Commerce Committee from companies including Windstream. With the changes, Windstream is now on board. Incompas remains concerned, its chief told us.
A rural North Carolina town with a population of fewer than 1,200 has two fiber networks -- and may disconnect residents and businesses from one -- due to the state’s municipal broadband laws. Greenlight, the fiber-to-the-home service provided by neighboring Wilson, planned to end service July 12 due to the arrival of a fiber-to-the-premise network by Altice's Suddenlink; a $280,000 offer by National Network Holdings, though, could preserve Greenlight. Current and former Pinetops officials are happy with Greenlight and questioned motives behind Suddenlink’s allegedly disruptive deployment. Altice said it aims to provide great service.
The Supreme Court ruled 5-4 police generally need a warrant to collect cellphone location data from carriers, in what some see as a landmark privacy decision but one the ruling noted only dealt with the specific case. It's the first time the court directly tackled Fourth Amendment protection of cellphone records. Chief Justice John Roberts wrote the decision. Carpenter v. U.S. was heard in November (see 1711290043).
The Senate Judiciary Committee voted to advance two Privacy and Civil Liberties Oversight Board nominees and held over a markup of the Music Modernization Act music licensing legislative package (S-2823). Senate Judiciary advanced PCLOB nominees Edward Felten and Jane Nitze on voice votes Thursday. A markup of S-2823 will happen next week, as expected (see 1805250036), Senate Judiciary Chairman Chuck Grassley, R-Iowa, told reporters.
TRENTON -- New Jersey Gov. Phil Murphy (D) should end state 911 fee diversion that keeps local 911 agencies from receiving any money, said FCC Commissioner Mike O’Rielly and New Jersey county and wireless officials at a Thursday news conference. With lawmakers in the thick of budget season, “they may not see the light yet,” O’Rielly said in an interview later. The FCC in February identified the state as the nation’s biggest diverter, saying it used about 89 percent ($108.1 million) of the revenue for other purposes in 2016.
The FCC released draft items for commissioners' July 12 meeting (see 1806200058), including an NPRM on C-Band spectrum at 3.7-4.2 GHz. Also on the tentative agenda for the meeting are drafts on wireless emergency alerts (WEA) and the emergency alert system (EAS), changes to cellular, children's TV programming (see 1806210021), nationwide number portability and enforcement proceeding rules for complaints.
The FCC should reject Sinclair/Tribune’s divestiture plans as a sham, wait for the U.S. Court of Appeals for the D.C. Circuit to rule on the UHF discount and block the transaction, said petitions to deny in FCC docket 17-179 by a host of anti-media-consolidation groups, MVPD entities, state attorneys general, Newsmax, the Parents Television Council and American Civil Liberties Union. “This proposed merger, which would create the largest television broadcasting company in history, is anticompetitive to its core,” said the ACLU. NCTA and three state attorneys general had concerns.
Commissioner Mike O'Rielly took to multiple media outlets to plug a coming kidvid deregulatory plan, as the FCC issued the draft NPRM and opened a docket on the proceeding. Also Thursday, a self-described "coalition of 23 center-right consumer advocates" supported the effort. O'Rielly hopes to complete the kidvid proceeding "by the end of the year," he told a TechFreedom podcast. An NPRM seeking comment on relaxing the rules, spearheaded by O’Rielly, is set for the July 12 commissioners’ meeting (see 1806200058). A tentative meeting agenda was just released (see 1806210063).
The Supreme Court ruled 5-4 Thursday in South Dakota v. Wayfair that states can collect sales tax from out-of-state retailers, effectively reversing its earlier 1992 precedent in Quill v. North Dakota. Justice Anthony Kennedy led the opinion in favor of South Dakota, joined by Justices Samuel Alito, Ruth Bader Ginsburg, Neil Gorsuch and Clarence Thomas. Chief Justice John Roberts dissented along with Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor. Several tech sector stakeholders told us they now believe it's critical for Congress to pass legislation to mitigate the effects. Oral argument was in April (see 1804170062).
Many media and telecom interests concerned about consolidation tell us Disney and Comcast's duel for Fox's non-broadcast assets (see 1806130036) presents equally unappealing options. Programmers, especially small ones, have concerns about either deal, Public Knowledge Senior Counsel John Bergmayer said. Disney/Fox would be "absolutely horrible," Comcast/Fox even worse, said American Cable Association President Matt Polka. Comcast rejected such assertions. Wednesday, Disney upped its bid, topping a competing one from Comcast (see 1806200015).