Ligado's takings complaint against the federal government (see 2310130003) mistakenly treats its L-band license as company property, contrary to legal precedent, DOJ said in a motion to dismiss last week (docket 23-1797). Moreover, DOJ said Ligado's complaint before the U.S. Court of Federal Claims, asserting the government is unlawfully trying to preclude the company from using its FCC-granted L-band license, doesn't allege authorized government action that could give rise to takings liability. In addition, DOJ said the federal claims court lacks jurisdiction and Ligado hasn't identified authorized government action precluding the company from actually using its modified license. Ligado can't plead the license lost all value, as it still authorizes mobile satellite service use. Moreover, the company can't claim any economic loss is permanent, said the motion. Ligado emailed Friday that as it set out in its lawsuit, "government officials deliberately deprived [it] of its rightfully licensed property, and the government must be held accountable. This attack on an American business by the world’s most powerful institution is contrary to the rule of law and antithetical to the government’s years-long support for the deployment of 5G technology as a vital national priority. We worked diligently and in good faith with government agencies to find a fair resolution but were left with no choice but to pursue litigation to defend our interests."
The 11th U.S. Circuit Appeals Court “may lack jurisdiction” over the Insurance Marketing Coalition’s petition for review to vacate the FCC’s Dec. 18 order imposing several measures under the Telephone Consumer Protection Act to restrict unlawful text messaging, said the court’s notice Thursday (docket 23-14125). “If it is determined that this court is without jurisdiction, this appeal will be dismissed,” said the notice. IMC filed the appeal before the order at issue was published in the Federal Register, it said. It asked the parties “to simultaneously advise the court in writing” within 14 days of their position regarding the jurisdictional questions. The FCC has asked the 11th Circuit to dismiss the petition for lack of jurisdiction (see 2401190057), and IMC said it takes no position on the FCC’s request (see 2401250033).
A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit pressed Consumers' Research Friday on its challenge of the FCC's Q2 2023 USF contribution factor (case 23-1091). During oral argument, judges also questioned the group and the FCC about Universal Service Administrative Co. calculations to determine quarterly factors and definition of universal service (see 2401100044).
FCC commissioners announce staff changes: Sanford Williams moves from special adviser to deputy chief of staff in Chairwoman Jessica Rosenworcel’s office; Arpan Sura, from Wireless Bureau, becomes legal adviser to Commissioner Brendan Carr; Milla Anderson, from office of Rep. Ann McLane Kuster, D-N.H., becomes policy adviser to Commissioner Geoffrey Starks; and acting staffers in Commissioner Anna Gomez’s office taking permanent spots are Deena Shetler as chief of staff-legal adviser for media and international, Edyael Casaperalt as legal adviser for Wireless, Public Safety and Consumer Protection, Hayley Steffen as legal adviser for Wireline and Space, Harsha Mudaliar as policy adviser for media and tech and Anna Holland, as executive assistant … Also, Rosenworcel announces retirements of Andrea Kearney from Office of General Counsel; Sheryl Segal, associate secretary-information; and Mary Romano, Enforcement Bureau … K&L Gates adds Joseph Trahern, ex-Comast, of counsel-public policy and law … Hallmark Media promotes John Matts to chief operating officer … Lantronix, IoT market provider, adds Christa Steele, ex-Balco, to its board ... Crown Castle adds Bradley Singer, ex-ValueAct and former Discovery, to its board.
The 5th U.S. Circuit Appeals Court granted the Schools, Health & Libraries Broadband Coalition's unopposed motion for leave to intervene on the FCC’s behalf in opposing a petition seeking court review of the commission's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi service and equipment on school buses (see 2401200001). U.S. Circuit Judge Leslie Southwick signed the order Wednesday (docket 23-60641). Maurine and Matt Molak are challenging the FCC's ruling because they say it will increase E-rate program “outlays” and raise the federal universal service charge they pay as a line-item on their monthly phone bill. They also contend the ruling gives children and teenagers unsupervised social media access on school buses, and that this runs counter to the mission of David's Legacy Foundation, which advocates ending cyberbullying. The Molaks co-founded the foundation in memory of their son. The coalition argues that the Molaks’ petition, if successful, “would do great harm” to the interests of the coalition and its 300 members by “inhibiting online learning,” it said.
Timothy Aguilar’s four claims against Onvoy and Bandwidth in a Telephone Consumer Protection Act lawsuit should be dismissed with prejudice for lack of personal jurisdiction, said their motion to dismiss Wednesday (docket 4:23-cv-03988) in U.S. District Court for Southern Texas in Houston. The defendants' motion also contends the complaint should be dismissed for failure to state a claim on which relief may be granted.
The FCC’s Jan. 19 motion to dismiss the Insurance Marketing Coalition’s petition for review for lack of appellate jurisdiction because the petition is premature (see 2401190057) presents the question of what constitutes entry of a regulation under the Hobbs Act, IMC said in its response Thursday (docket 23-14125) in the 11th U.S. Circuit Court of Appeals.
Public Knowledge hires Stephen Bennett, ex-Institute for Palestine Studies-USA, as director-development and external affairs; Alisa Valentin, ex-National Urban League and ex-FCC, as broadband policy director; Nat Purser, former Center for Economic and Policy Research, as government affairs policy advocate; and Georgetown Law Communications and Technology Law Clinic’s Lauren Harriman as fellow … Free State Foundation announces former FCC Commissioner Mike O’Rielly as adjunct senior fellow, launching video podcast, “TMT With Mike O’Rielly” … Ericsson promotes Niklas Heuveldop to head-business area global communications platform and CEO-Vonage and Yossi Cohen to senior vice president-head, market area North America, both effective Feb. 1; Heuveldop succeeds Rory Read, stepping down Feb. 1 and leaving end of Q1 … Protiviti Consulting elevates 36 staffers including for technology: Nick Britton, Pierce Chakraborty, Andre Cilurzo, James Eick, Joseph Emerson, Chris Hanson, Joe Marcum and Hirun Tantirigama as managing directors and Willy Alvarado as senior director … Verrill names Keefe Clemons, ex-Verizon, partner-energy, telecommunications and natural resources group.
Connecticut low-power TV broadcaster Radio Communications Corp. (RCC) seeks “expedited consideration” of its Jan. 10 petition for review to overturn the FCC’s Dec. 12 order implementing the 2023 Low Power Protection Act (LPPA), said RCC's emergency motion Tuesday (docket 24-1004) at the U.S. Court of Appeals for the D.C. Circuit. The LPPA allows certain LPTV stations to upgrade to Class A status (see 2401180075), RCC also requests a stay of the FCC order and expedited case processing should a stay be entered, said the motion. The FCC opposes the motion, and DOJ takes no position, RCC said. The company argues that the FCC order unconstitutionally restricts program content for Class A eligibility purposes, and unlawfully precludes Class A licensees from asserting cable TV must-carry rights, said the motion. The order also fails to follow the LPPA’s “direction” to protect LPTV stations, it said. The stay, expedited review, and summary reversal are warranted, it said. Expeditious consideration is required because the FCC “announced the imminent commencement of the one-year LPTV license upgrade filing window under the LPPA to change station class from LPTV to Class A “with the same license terms as full power TV stations,” it said. But the FCC order “precludes RCC from filing an LPPA Class A upgrade application,” said the motion. Absent expedited consideration of its petition, “it appears unlikely that RCC would be able to fully litigate this case, come into compliance with full power TV rules, and then timely file a Class A license upgrade application within the LPPA’s one-year window,” it said. RCC’s loss of its Class A license upgrade “filing right” causes irreparable injury because “the only opportunity to file for the economic benefits afforded during the LPPA’s one-year Class A license upgrade period will be lost forever,” the motion said. “Loss of license by displacement” will also cause irreparable injury because RCC would lose revenue and viewers, “and viewer relationships would be damaged,” it said: “Lost viewers would necessarily move on to other program content providers and that lost good will could never be recaptured even if RCC were somehow able to locate new spectrum.”
The U.S. Chamber of Commerce, the Texas Association of Business and the Longview, Texas, Chamber of Commerce sued the FCC in the 5th U.S. Circuit Court of Appeals over the agency's rules defining "digital discrimination of access." The rules were adopted by a 3-2 vote during a November agency meeting (see 2311150040). The order "purports to implement" part of the Infrastructure Investment and Jobs Act "by adopting a definition of 'digital discrimination of access' to broadband internet service that encompasses '[p]olicies or practices, not justified by genuine issues of technical or economic feasibility,' that result in disparate treatment or disparate impact," the groups said in the filing. Filed Friday, the suit was posted Monday.