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
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.
SpaceX has applied for permission from the International Telecommunication Union to access spectrum for 30,000 satellites for its Starlink network.
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.
An update on news stories from September 2019.
Online streaming service provider Locast has answered the copyright infringement complaint filed against it by a group of U.S. broadcast television networks. Included with Locast’s answer are six counterclaims alleging the broadcasters have violated federal antitrust laws and state unfair competition laws.
The Regulatory Commission of Alaska is considering whether to close the Alaska universal service fund early. The fund is currently scheduled to end in 2023.
The FCC has announced that the proposed universal service fund contribution factor for the fourth quarter of 2019 will be 25 percent, the highest ever. This gives 2019 the highest yearly average USF contribution factor ever – 22.05 percent.
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).
