Fourth Circuit Considers BMG v. Cox Communications Copyright Infringement Appeal – Part II: Summary Judgment Strips Cox of DMCA Safe Harbor

Fourth Circuit Considers BMG v. Cox Communications Copyright Infringement Appeal – Part II: Summary Judgment Strips Cox of DMCA Safe Harbor

Tony Veach
DMCA, Broadband, Copyright

The U.S. Court of Appeals for the Fourth Circuit is currently reviewing BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and ISPs. Its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post summarizes the lower court’s summary judgment decision which stripped Cox Communications of its DMCA safe harbor defense.

Fourth Circuit Hears Oral Argument in BMG v. Cox Copyright Infringement Appeal – Part I: Background of The Case Below

Fourth Circuit Hears Oral Argument in BMG v. Cox Copyright Infringement Appeal – Part I: Background of The Case Below

Tony Veach
Copyright, DMCA

On October 25th, the U.S. Court of Appeals for the Fourth Circuit heard oral arguments in BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and Internet service providers because its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post reviews the general background of the case below that led to the appeal. Subsequent blog posts will cover the lower court’s decision and the oral argument.

Democrats’ Better Deal Broadband Plan: $40 Billion in Broadband Funding

Democrats’ Better Deal Broadband Plan: $40 Billion in Broadband Funding

Tony Veach
Broadband, Congress

Congressional Democrats have released their “Better Deal Broadband” plan that proposes to use $40 billion in federal funding to help make high-speed broadband Internet access services available to the 34 million Americans, including 23 million rural Americans, that do not have it. The plan is part of a larger “Better Deal” economic agenda put forth earlier this year by Democrats.

FCC Issues Notice Of Inquiry To Examine Opening Up Mid-Band Spectrum For Commercial Wireless Broadband Services

FCC Issues Notice Of Inquiry To Examine Opening Up Mid-Band Spectrum For Commercial Wireless Broadband Services

Tony Veach
Broadband, Wireless, Satellite

The Federal Communications Commission has released a Notice of Inquiry to examine allowing wireless broadband services in spectrum bands between 3.7 and 24 GHz. Specifically, the FCC is seeking detailed comment on three sets of mid-band frequencies:  3.7 - 4.2 GHz; 5.925 - 6.425 GHz; and 6.425 - 7.125 GHz. Comments are due on or before October 2, 2017, and reply comments are due November 1, 2017.

Pai FCC To Examine State of U.S. Broadband Deployment

Pai FCC To Examine State of U.S. Broadband Deployment

Tony Veach
Broadband

The FCC has released a Notice of Inquiry requesting comment on whether broadband is being deployed to all Americans in a reasonable and timely fashion, in order to produce the 13th Broadband Progress Report. The Notice of Inquiry departs from previous FCC broadband assessments by, among other things, proposing to find the availability of advanced telecommunications capability requires access to either fixed or mobile services; proposing to set a 10/1 Mbps speed benchmark for mobile broadband services; and measuring annual broadband deployment by comparing deployment to census blocks in a present year to deployment in previous years. The 13th Broadband Progress Report will be the FCC’s first report issued under the Chairman Pai regime. Based on the views Chairman Pai expressed when he was a Commissioner, the 13th Report will likely overhaul the entire Section 706 process, and conclude that broadband is being deployed to all Americans in a reasonable and timely fashion.

NTCA Presses FCC To Review High-Cost USF Budget

NTCA Presses FCC To Review High-Cost USF Budget

Tony Veach
Broadband, USF

Recent ex parte filings made by NTCA–The Rural Broadband Association and rural broadband providers show that the FCC’s fixed budget for the high-cost portion of the universal service fund is obstructing rural broadband deployment. It’s estimated that the high-cost budget will produce a support shortfall of $173 million over the next 12 months, which has already forced rural carriers to roll back deployment plans. NTCA claims the FCC is obligated to review the budget by the end of this year, which presumably will lead the FCC to conclude that the budget is insufficient to maintain and increase deployment of rural broadband networks. NTCA’s assertion is based on language in the Tenth Circuit’s decision upholding the 2011 USF/ICC Transformation Order. Is the FCC required to make a review or is this something that is merely within the discretion of the FCC?

NTCA Survey Says: High-Cost USF Shortfall Harming Rural Broadband Deployment

NTCA Survey Says: High-Cost USF Shortfall Harming Rural Broadband Deployment

Tony Veach
Broadband, USF

In the 2016 Rate-of-Return Reform Order, the Federal Communications Commission imposed a strict budget control mechanism over the $2 billion rate-of-return portion of the total $4.5 billion universal service high-cost fund. However, the fixed USF budget will result in a shortfall of support estimated at $173 million over the next 12 months. A recent survey conducted by NTCA—The Rural Broadband Association shows that rural broadband providers have already decided to roll back network investment over the next 12 months because of reduced USF support.

Carpenter v. U.S. Part 2 – Battle of Business Records: Landline Phone Numbers vs. Historical Cell Site Location Information

Carpenter v. U.S. Part 2 – Battle of Business Records: Landline Phone Numbers vs. Historical Cell Site Location Information

Tony Veach
Fourth Amendment, Privacy, Wireless

One of the most important Fourth Amendment cases in years is being considered by the Supreme Court during its October 2017 term. The case, Carpenter v. United States, concerns whether historical cell site location information should be protected under the Fourth Amendment, requiring law enforcement to first obtain a search warrant before requiring wireless service providers to hand over CSLI related to a subscriber.

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