News update for July 2019
Broadcasters File Copyright Infringement Lawsuit Against Online Streaming Service Locast
A group of U.S. broadcast television networks have filed a copyright infringement lawsuit against Locast, a free online streaming service offering local, over-the-air television. The broadcasters claim Locast is infringing their exclusive rights to perform copyrighted works publicly. Locast’s service operates under a belief that its unauthorized retransmission of copyrighted content is not an infringement because Locast is covered by an exemption provided to nonprofit organizations under the Copyright Act.
DOJ Settlement Allows T-Mobile / Sprint Merger, Requires Significant Asset Divestiture To DISH Network
The U.S. Department of Justice, along with five states have reached a settlement with T-Mobile and Sprint, allowing the two smallest nationwide mobile wireless providers to merge. The settlement requires T-Mobile and Sprint to divest various assets to Dish Network.
Draft NPRM: Rural Digital Opportunity Fund
FCC Chairman Ajit Pai has announced that the FCC will consider a Notice of Proposed Rulemaking during its August open meeting to formally establish the Rural Digital Opportunity Fund. The RDOF is planned to provide $20.4 billion over the next 10 years to support the construction of broadband networks in areas that lack access to broadband service at speeds of at least 25/3 Mbps.
Going Granular! The FCC’s New Digital Opportunity Data Collection Expected To Improve Broadband Mapping
The FCC has released a draft Report and Order and Second Further Notice of Proposed Rulemaking aimed at collecting more accurate broadband deployment data and producing more precise broadband maps. In the Report and Order, the FCC creates the Digital Opportunity Data Collection, a new initiative distinct from the Form 477 process, which will require all fixed broadband providers to submit coverage polygons depicting the areas where they actually provide service. The FCC also adopts a process to begin collecting public input on the accuracy of service providers’ broadband deployment data. The FCC expects to vote to adopt the item during its August 1st open meeting.
A-CAM II Errors: FCC Discovers Incorrect Attribution Of Broadband Service In A-CAM II, Extends Election Deadline To July 17
The FCC has extended the deadline, by 30 days, for rate-of-return carriers to accept or turn down their offers of A-CAM II support. Rate-of-return carriers must now indicate, on a state-by-state basis, whether they will transition to model-based support by July 17, 2019.
June 2019 News Update
An update on news from June 2019.
Wisper ISP Responds To Conexon, Says FCC Can’t Touch Wisper’s ETC Designation In Kansas
Wisper ISP, Inc. has responded to Conexon, LLC’s opposition to Wisper’s petition for waiver of the deadline for certifying its designation as an ETC in Oklahoma. Wisper’s reply also addresses Conexon’s request to declare Wisper in default of its CAF Phase II compliance obligations in Kansas because Wisper was granted ETC status based on incorrect broadband speed obligations. In its reply, Wisper maintains that the FCC lacks any authority to declare Wisper in default of its state obligations in Kansas.
Conexon Asks FCC To Declare Wisper ISP, Inc. In Default Of CAF Phase II Broadband Speed Obligations In Kansas
Conexon, LLC has asked the FCC to declare that Wisper ISP, Inc. is in default of its CAF Phase II broadband speed obligations in the state of Kansas. When Wisper applied for ETC designation in Kansas, Wisper stated its CAF II broadband speed obligation is 25/3 Mbps, when in fact it is actually 100/20 Mbps. Wisper’s Kansas ETC petition was granted four months ago.
Initial Coin Offering Lawsuit: SEC v. Kik
The U.S. Securities and Exchange Commission has filed a lawsuit against Kik Interactive Inc. for the offer and sale of unregistered securities. In its complaint, the SEC alleges that Kik, over a five-month period in 2017, offered and sold one trillion digital tokens called “Kin.” This initial coin offering, the SEC alleges, violated Section 5(a) and (c) of the Securities Act of 1933.