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.

Standard General received only 15 to 20 minutes' notice from the FCC that the agency was about to issue a hearing designation order, and Standard doesn’t plan to go away if the Tegna deal falls apart, Managing Partner Soohyung Kim said in an interview Monday. “I don’t think a regulator should dislike the industry it regulates,” he told former FCC Commissioner Mike O’Rielly during an onstage Q&A at the NAB Show Tuesday.

Having compromised the highly personal sensitive information of millions of individuals, T-Mobile now wrongfully seeks to delay “the prosecution of claims related to their misconduct” by “piggybacking” on a transfer motion filed with the Judicial Panel on Multidistrict Ligation to completely and indefinitely stay all proceedings against them, pending the JPML’s decision. So said the plaintiffs’ opposition brief Monday (docket 3:23-cv-00427) in Shoemaker v. T-Mobile in U.S. District Court for Southern California in San Diego.

The U.S. Supreme Court’s Axon decision calls into question the constitutionality of the FTC’s quasi-judicial authority and will have ramifications for Chair Lina Khan’s “aggressive” rulemaking agenda, legal experts said Monday.

Two dozen iPhone users petitioned the U.S. Supreme Court to revisit its long-standing FCC preemption doctrine on cellphone RF safety “without offering any reason that would justify such a request,” said Apple’s opposition brief Friday (22-698). SCOTUS “previously declined to take up this exact issue involving the preemptive effect of the FCC’s RF emissions regulations, and nothing has changed in the interim to suggest review is warranted now,” it said.

The risk factors section in Arqit’s 2021 registration statement with the SEC failed to discuss the risks of adoption of the company’s quantum encryption-as-a-service technology, alleges a Friday fraud class action (docket 1:23-cv-02806) in U.S. District Court for Eastern New York in Brooklyn.

T-Mobile shows no dire situation warranting injunction of California’s shift to connections-based contribution for state USF, the California Public Utilities Commission said Friday at the 9th U.S. Circuit Court of Appeals. The agency urged the court to deny the carrier and its subsidiaries’ emergency request to freeze the CPUC order requiring a $1.11 monthly flat fee as of April 1. “No lives hang in the balance,” wrote the CPUC. “No one is threatened with deportation.”

The 29 Texas cities suing Disney, Hulu and Netflix for franchise fees “cannot and do not explain away” similar franchise fee lawsuits that were rejected in other jurisdictions, said Netflix’s reply in support of its motion to dismiss Wednesday in the 14th District Court of Dallas County (docket DC-22-09128).

A freshly inked state law exempting streaming TV services from paying franchise fees to local governments in Kansas could upend a city's lawsuit against Hulu and Netflix at a state appeals court. Gov. Laura Kelly (D) signed a bill (SB-144) to carve out satellite and over-the-top video services from the Kansas Video Competition Act (KVCA). The streamers filed briefs last week in the case at the Kansas Court of Appeals (docket 22-125784-A).

District courts have jurisdiction to hear lawsuits challenging the constitutionality of administrative law judge proceedings at the FTC and other federal agencies, a unanimous Supreme Court ruled Friday in dockets 21-86 (see 2211070049) and 21-1239 (see 2211070062).