All in Broadband
The Federal Communications Commission has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. In the Third Order on Reconsideration, the FCC has taken action to mitigate the negative effects of the budget control mechanism by fully funding legacy carrier support claims for the July 2017 – June 2018 time period.
The FCC has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. The Report and Order contains new rules explicitly prohibiting the use of federal high-cost support for expenses that are not used for the provision, maintenance, and upgrading of facilities and services for which support is intended.
The Federal Communications Commission has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. In the Report and Order, the FCC has decided to increase funding for the Alternative Connect America Cost Model, so that all locations with costs above $52.50 per location will be funded up to a per-location cap of $146.10.
A Magistrate Judge for the U.S. District Court for the Western District of Texas, Austin Division, has issued a report and recommendation that rules on two motions to dismiss in UMG Recordings, Inc., et al., v. Grande Communications Networks, LLC, and Patriot Media Consulting, LLC. The case concerns a copyright infringement lawsuit filed by a vast group of owners of copyrighted music against Grande Communications, an Internet service provider located in Texas. Grande’s consultant is also named as a defendant in the suit. The pleadings and the Magistrate’s report address many of the same Digital Millennium Copyright Act issues involved in the Fourth Circuit’s recent decision in BMG v. Cox Communications.
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.”
