This article contains recent news about broadband funding: FCC Universal Service Programs, Federal Funding, and State Funding.
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November 2019 News Update
Here is an update on important news from November 2019.
State Members Of Universal Service Joint Board Recommend Changes To USF Contribution Mechanism – Assess Broadband Revenue & Move To Connections-Based Assessment On Residential Services
The state members of the Federal-State Joint Board on Universal Service have submitted a Recommended Decision that proposes changing the existing contribution mechanism for federal universal service programs. Among other things, the state members want the FCC to assess broadband revenue and move to connections-based assessment on residential services
Judge Recommends Allowing Vicarious Liability Claim For Copyright Infringement Against ISP Charter Communications To Proceed
A U.S. Magistrate Judge has issued a decision in Warner Bros. Records Inc. v. Charter Communications, Inc., recommending the District Court deny Charter’s motion to dismiss the record company Plaintiffs’ claims for vicarious infringement. The Magistrate concluded the Plaintiffs have plausibly alleged the infringement of their content is a draw to Charter’s broadband subscribers, and demonstrated a causal relationship between the infringing activity and financial benefit received by Charter.
FCC Releases Draft Broadband Performance Testing Order On Reconsideration
The FCC has released a draft of the broadband network performance testing Order On Reconsideration that will be voted on at the FCC’s October 25th open meeting. The draft Order On Reconsideration revises and clarifies the July 2018 Performance Measures Order, which sets a testing framework for measuring speed and latency performance that applies to fixed broadband service providers receiving high-cost universal service fund support.
News Update - September 2019
An update on news stories from September 2019.
DMCA Copyright Infringement Lawsuit: Record Companies v. RCN
A group of record companies has filed a copyright infringement lawsuit against Internet service provider RCN Telecom Services, LLC and its subsidiaries. The Plaintiff record companies argue RCN is not eligible for DMCA safe harbor immunity because RCN failed to terminate the accounts of repeat infringers or take any other meaningful action to curb subscribers’ copyright infringement. The suit was filed in U.S. District Court for the District Of New Jersey (Case No. cv-19-17272).
August 2019 News Update
An update on important news from August 2019.
In New Ex Parte, Conexon Again Questions Legitimacy Of Wisper ISP’s Kansas ETC Designation
In a recent ex parte filed with the FCC, Conexon, LLC has continued its opposition to a petition filed by Wisper ISP, Inc. for waiver of the FCC’s 180-day deadline for CAF II auction winners to obtain ETC designation. The letter provides new information that Conexon believes should cause the FCC to investigate Wisper’s petition for ETC designation in the state of Kansas.
Conexon Ex Parte: Transcript From Oklahoma Hearing Shows Wisper Has Provided Incorrect/Misleading Information About Oklahoma ETC Designation
Conexon, LLC filed a written ex parte that supports its opposition to the petition filed by Wisper ISP, Inc. for waiver of the FCC’s 180-day deadline for CAF II auction winners to obtain ETC designation. Wisper’s application for designation as an ETC in the state of Oklahoma is still pending, which is why it filed the waiver. Conexon’s recent FCC ex parte letter contains new information derived from transcripts of Wisper’s hearing before the Oklahoma Corporation Commission that Conexon believes should be used to evaluate the merits of Wisper’s FCC waiver petition.