Court case

Developments in telecommunications policy being made in the legal system.

LTD Broadband Challenges FCC Denial of RDOF Funds in Court

LTD Broadband has filed a petition for review of the Federal Communications Commission’s decision to deny it funding as part of the Rural Digital Opportunity Fund. LTD, which largely offers fixed wireless broadband, filed a request for judicial review with the D.C. Circuit Court of Appeals on February 2, contesting the agency decision on December 4, 2023. The action follows a series of events stemming from the FCC's proposal for a $21.7-million fine against LTD for defaulting on its bids in the RDOF broadband subsidy program.

Court Tosses $1 Billion Verdict Against Cox Communications for Music Piracy

A federal appeals court tossed a $1 billion verdict won by music publishers against Cox Communications, ordering a new trial on how much the internet provider should owe in damages for illegal downloads by its customers. The case stems from a 2018 copyright-infringement lawsuit filed by leading record companies and music publishers, including Sony, Universal Music and Warner Music.

Judge rules against users suing Google and Apple over “annoying” search results

While the world awaits closing arguments later this year in the US government's antitrust case over Google's search dominance, a California judge has dismissed a lawsuit from 26 Google users who claimed that Google's default search agreement with Apple violates antitrust law and has ruined everyone's search results. Users had argued that Google struck a deal making its search engine the default on Apple's Safari web browser specifically to keep Apple from competi

Yet Another Challenge to Federal Communications Commission Authority

Federal courts are full of cases that are challenging the authority of federal regulatory agencies, including the case of Securities and Exchange Commission v. Jarkesy, which is pending before the Supreme Court as of January 2024. Hedge fund manager George Jarkesy was accused of committing fraud by misrepresenting himself to investors. The case was heard by an administrative law judge at the Securities and Exchange Commission (SEC), who imposed a fine and penalties, and ordered Jarkesy to disgorge $685,000 in unlawful profits.

California Aims $2 Billion at Students Hurt by Remote Learning to Settle Lawsuit

In the fall of 2020, around the height of the debate over pandemic school closures, a lawsuit in California made a serious claim: The state had failed its constitutional obligation to provide an equal education to lower-income, Black and Hispanic students, who had less access to online learning. State officials distributed more than 45,000 laptops and more than 73,000 other computing devices to students, according to court documents in the case.

Benton Institute for Broadband & Society Files Petition for Review

"We are extremely pleased that the FCC has adopted new and powerful rules prohibiting digital discrimination.  We have nonetheless challenged two small, but important provisions of the rules today in the U.S.

Chamber of Commerce sues Federal Communications Commission Over Broadband Rule

The Chamber of Commerce, the Texas Association of Business, and the Longview Chamber of Commerce filed a lawsuit against the Federal Communications Commission (FCC) in the U.S. Court of Appeals for the Fifth Circuit over the Commission’s recent rulemaking that gives itself sweeping authority over the broadband marketplace.

Republican Attorneys General back Texas and Florida social media regulations at US Supreme Court

Social media companies should be treated as utilities such as telephone or telegraph companies, a group of states led by Republican attorneys general told the US Supreme Court. In a friend-of-the-court brief, 19 states and the state legislature of Arizona wrote that the Supreme Court should uphold laws passed by Texas and Florida that restrict companies including Meta, YouTube, X and others fro

Apple Changes Its App Store Policy. Critics Call the Moves ‘Outrageous.’

Apple's new App Store payment policies are stirring outrage among software developers who say the iPhone maker is skirting the intention of a court ruling. Apple will require developers to pay it a 27% commission if they use an alternative payment method, much like the company did in the Netherlands and South Korea in response to legal rulings over related issues in those countries. With this change, Apple is effectively saying “we refuse to back down,” said Fiona Scott Morton, a former antitrust official in the Obama administration.

Looking ahead: Will Universal Service Fund reform finally happen?

The Universal Service Fund (USF) – which financially supports several of the Federal Communications Commission's high-cost and low-income broadband programs, at roughly $8 billion annually – has been going through a tough time. This past year saw the USF dragged before federal court in cases brought by a conservative public interest group questioning the fund's legality. The Fifth and Sixth Circuit courts initially ruled against the petitioners, but the Fifth Circuit then agreed to hear the case en banc in September and has yet to rule.