All in Broadband
The Human Trafficking Prevention Act has been introduced in the Kansas legislature and referred to the state’s Senate Judiciary committee. It is similar to other bills being considered in numerous states across the U.S. this year (as well as last) that would mandate obscenity filters for the Internet.
Another Internet service provider is embroiled in a DMCA-related copyright infringement lawsuit brought by content owners and their copyright hitman Rightscorp. And, there is a neat twist to this lawsuit – the broadband provider’s consultant was also named as a defendant. The case is UMG Recordings, Inc., et al., v. Grande Communications Networks, LLC, and Patriot Media Consulting, LLC, and a U.S. Magistrate Judge recently issued a report and recommendation ruling on the defendants’ motions to dismiss. The pleadings and the Magistrate’s report address many of the same issues involved in the Fourth Circuit’s recent decision in BMG v. Cox Communications.
Rightscorp, Inc. has issued a press release commenting on the Fourth Circuit Court of Appeals’ decision in BMG v Cox Communications, in which the Court affirmed a district court ruling that Cox is not entitled to a DMCA safe harbor defense but remanded the case for a new trial due to erroneous jury instructions. Rightscorp played an important part in the case, acting as BMG’s copyright enforcement agent and providing much of the evidence that doomed Cox. Rightscorp’s press release warns ISPs of a vast amount of data documenting infringements.
The Fourth Circuit Court of Appeals has released its decision in BMG v Cox Communications, an appeal involving secondary liability for copyright infringement. The case has been closely followed by Internet service providers, the content industry, attorneys, academics, and copyright and cyberlaw experts – generally anyone interested in copyright and the Internet. The Fourth Circuit affirmed the district court’s ruling that Cox is not entitled to a DMCA safe harbor defense, but remanded the case for a new trial because the lower court incorrectly instructed the jury on the standard for contributory infringement.
The Federal Communications Commission has released the 2018 Broadband Progress Report, the first such report under Chairman Ajit Pai. For the first time since 2008 report, the FCC has concluded that broadband is being deployed on a reasonable and timely basis all Americans. That positive conclusion, however, comes with the following stipulation – the finding does not undermine the FCC’s continued commitment to closing the digital divide.
A recent news release announced that Federal Communications Commission Chairman Ajit Pai has circulated an Order related to the high-cost universal service support mechanism that will “put in place strong new rules to prevent abuse of the high-cost program.”
According to a recent news release, Federal Communications Commission Chairman Ajit Pai has circulated an Order that will allocate over $500 million to promote rural broadband deployment. While the news release offers only general information on a few aspects of the item, presumably the FCC will use broadband reserve funds to address the current shortfall in high-cost universal service fund support.
The Federal Communications Commission has released the text of the Restoring Internet Freedom Order that repeals net neutrality rules, and replaces them with a revised transparency requirement. The Restoring Internet Freedom Order will become effective after the revised rules are approved by the Office of Management and Budget.
Some state regulatory commissions have reportedly kicked off efforts to gather information on the cybersecurity practices of rural broadband providers operating within their states using a survey developed by the National Association of Regulatory Commissioners. The NARUC cybersecurity survey contains 100 questions seeking precise details on issues ranging from network vulnerability assessments to personnel background checks. Is this a fact-finding mission, or another case of regulatory creep? Or worse, will it create a treasure trove of data ripe for the taking?
Over the last few weeks, various rate-of-return incumbent local exchange carriers that voluntarily transitioned to model-based universal service fund support have submitted ex parte letters urging the Federal Communications Commission to allocate additional funding from the high-cost reserves to the Alternative Connect America Cost Model. Specifically, A-CAM carriers want the FCC to fully fund the model – $200 of support per month, per location. The recent burst of advocacy is due to the FCC’s quickly approaching self-imposed December 31, 2017 deadline for deciding whether to increase total annual A-CAM support. However, A-CAM companies are not the only ones staking a claim to the reserve funds. Rate-of-return carriers operating under revised cost-based USF rules are in desperate need of additional funding to address the negative impact of the FCC’s high-cost budget. The FCC faces a difficult decision because there is a limited amount of high-cost reserve funds available for use, and allocating reserve funds to either group of carriers will result in increased broadband buildout in rural areas.
