The FCC has an “affirmative legal obligation” under Sections 552 and 553 of the Administrative Procedure Act “to make its proposed and final rules readily available to the public without charge,” despite the process known as incorporation by reference (IBR), said iFixit, Public Resource and Make Community in their reply brief Tuesday (docket 23-1311) at the U.S. Court of Appeals for the D.C. Circuit.
The Wireless ISP Association is another group challenging the FCC’s net neutrality order in the D.C. Circuit U.S. Court of Appeals (see 2406030053). On Monday, the challenge was consolidated with other cases in docket 24-1169. The FCC order “marks a radical departure from the status quo and will have profoundly negative consequences for the internet and the national economy -- all without Congressional authorization,” WISPA said: “The Order will deter innovation and investment in broadband for WISPA’s small and rural members who may lack resources adequate to absorb the Order’s compliance costs and enforcement risks.” WISPA also said the order was “contrary to law, arbitrary, capricious, and an abuse of discretion; exceeds the FCC’s authority; and otherwise violates the Administrative Procedure Act.” Petitioner statement of issues is July 3.
The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) was simply the commission’s response to requests to add to the list of services eligible for support under the E-rate program, the FCC’s 5th U.S. Circuit Appeals Court appellee brief said Monday (docket 23-60641) in support of the ruling.
Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.
A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service (see 2405310074). The coalition asked the FCC to stay the effective date of its order and declaratory ruling pending judicial review. Coalition members included USTelecom, NCTA, CTIA, ACA Connects and several state broadband associations.
Truepic, provider of secure content transparency infrastructure, adds former FCC Chairman Tom Wheeler to its industry board of advisers … National OnDemand, communications and utilities infrastructure provider, hires Richard Jordan, ex-Mears Broadband, as executive vice president-operations ... National Content & Technology Cooperative adds former Vyve Broadband CEO Phil Spencer to its board ... SightLine Applications, video processing solutions company, taps Jonathan Atwood, ex-Trillium Engineering, also former L3 Harris, as CEO ... Hovr, marketing software company for delivering video content to website visitors, adds former Remington Hotels President Chris Green to its advisory board ... Greenberg Traurig adds Laura Cummings, ex-Astroscale, to its Space & Satellite Industry Group as an associate in its governments contracts practice.
Thomas Grant is voluntarily dismissing without prejudice his Telephone Consumer Protection Act claims against former Republican presidential candidate Vivek Ramaswamy, with each party to bear its own attorneys’ fees and costs, said Grant’s notice Thursday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus. The plaintiff’s dismissal rendered moot Friday’s briefing deadline on whether aspects of his dispute with Ramaswamy over TCPA exemptions should be referred to the FCC under the primary jurisdiction doctrine (see 2405100024). Grant had alleged that Ramaswamy, who suspended his campaign for the GOP presidential nomination Jan. 15, placed prerecorded calls to consumers’ cellphones to promote his telephonic town hall events without first obtaining their prior express consent (see 2401240002). The plaintiff filed similar allegations May 26 against Ryan Binkley, who suspended his campaign for the Republican presidential nomination Feb. 27 (see 2405280002). Attorney Avi Kaufman, who represents Grant in both actions, didn’t respond to emails seeking comment about the conditions of Grant’s voluntary dismissal of the claims against Ramaswamy.
The FCC’s updated data breach notification rule “encapsulates the wrong way for the administrative state to approach rulemaking,” TechFreedom’s 6th U.S. Circuit Appeals Court amicus brief said Thursday in support of the five petitioners seeking to invalidate the rule as contrary to law (see 2402210026).
The costs of complying with the FCC’s updated data breach notification rule “detract from the core work” of five trade associations' small-business members “to connect existing and new customers in hard-to-serve areas and close the digital divide,” said those trade groups in an amicus brief Wednesday in the 6th U.S. Circuit Appeals Court. Joining the brief were ACA Connects, the Competitive Carriers Association, NTCA, the Wireless ISP Association and WTA.
A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service.