Network strength and reliability is “paramount,” a CommScope spokesperson said Wednesday in response to warnings earlier that day from Sen. Mark Warner, D-Va., about COVID-19-related vulnerabilities (see 2003250043). When the company learns of security threats, it works “closely” with customers, “partners and service providers to provide the most up-to-date security measures possible,” the gearmaker said.
The 7th U.S. Circuit Court of Appeals' reversal of a lower court's dismissal of antitrust claims against Comcast (see 2002260020) misread past refusal-to-deal precedent, which is clear that antitrust law doesn't interfere with a company's refusal to deal with another in most instances, said a Comcast petition for rehearing and rehearing en banc (docket 18-2852, in Pacer) Monday. It said plaintiffs can't pursue claims on conduct that's just as consistent with competitive business strategy as with anti-competitive activity. Viamedia, which sued Comcast for elbowing it out of the interconnects advertising market in some cities, didn't comment Wednesday.
Charter Communications is buying part of interconnected VoIP provider Chesapeake Bay Communications' Virginia customer base, it said in an FCC docket 00-257 posting Tuesday. It said the affected customers will be moved April 20-28.
The 6th U.S. Circuit Court of Appeals "take[s] seriously" local franchise authorities' disagreements with the FCC about Communications Act interpretations, but LFAs seeking a stay of implementation of last year's cable TV local franchise authority order (see 1911260015) are "ask[ing] us to enjoin what appears to be a correct interpretation of a federal statute." That's according to an order last week (docket 19-4161) by Circuit Judges David McKeague, Richard Griffin and Raymond Kethledge rejecting the requested enjoinder. LFA outside counsel didn't comment Monday, the day the FCC posted the action.
Citing COVID-19-related social distancing and the likely recession, Cowen analysts told investors Monday they expect lower Comcast earnings due largely to its theme parks business, which likely will be closed through the first half of the year. The researchers said broadcast TV and cable network advertising likely will take a hit over the next year, and not rebound. Cowen said Comcast's signing of the FCC ISP pledge to not cut off service during the pandemic and to waive late fees (see 2003130066) could have "modest impacts" on its collections and revenue-per-customer growth. The company didn't comment.
Additional MVPDs endorsed requests there be no blackouts of TV station programming on pay TV during the COVID-19 pandemic. FCC Chairman Ajit Pai and NAB CEO Gordon Smith and others sought similar pledges (see 2003180036). Comcast agrees, a spokesperson emailed Wednesday. "We all need to work together to avoid service disruptions during this time.” Dish Network "is committed to ensuring that our customers have access to critical local news coverage regarding COVID-19,” said Senior Vice President-Programming Andy LeCuyer in a statement. “We appreciate the cooperation of broadcasters who share our goal, and together we've restored 49 channels across 39 markets, while continuing to work toward long-term agreements."
Asserting it "does not control the Internet," Charter Communications asked a U.S. District Court in Denver for a declaratory judgment in litigation brought by music labels (see 1903250004) that the cable ISP isn't liable for contributory copyright infringement of the plaintiffs' works at issue. In an amended complaint partial answer and counterclaim (in Pacer, docket 19-cv-00874) Wednesday, Charter also asked for unspecified damages for such costs as the damaged goodwill and reputational harm from processing inaccurate notices about supposed music piracy by its subscribers and the cost of implementing its Charter Abuse Tracking System to partially automate the handling of abuse notifications that it receives. In a series of affirmative defenses, Charter said any infringement wasn't willful and it didn't cause, encourage or induce the alleged primary infringement. Counsel for the music label plaintiffs didn't comment Thursday.
Increased dependence on video-sharing technology is going to force "some hard conversations" about when a service's termination of accounts is legally required due to repeat copyright infringement under the Digital Millennium Copyright Act, Santa Clara University Director-High Tech Law Institute professor Eric Goldman blogged Monday. He said the U.S. District Court in San Francisco's dismissal Friday (docket 19-cv-05422) of a complaint against YouTube by a user over his account's termination didn't stand a chance because the law is clear that internet services have "unilateral authority ... to decide who they want to provide services to."
The FCC should ignore a push by CTIA for licensed use of part of the 6 GHz band (see 2003120065), NCTA said in a filing posted Friday in docket 18-295. “The United States needs more unlicensed spectrum in the near term and cannot afford to delay unlicensed access to half of the 6 GHz band in order to consider an ill-conceived, last minute push by CTIA to auction the upper frequencies,” NCTA said. “Next-generation Wi-Fi technology is here: NCTA’s members have debuted Wi-Fi 6 access points, leading smartphone manufacturers have incorporated the technology, and the market expects a deluge of new Wi-Fi 6 devices in the near term.” CTIA didn't comment.
The Massachusetts Department of Telecommunications and Cable (MDTC) and state attorney general rely on arguments that were raised before, "and ... explicitly rejected," in the FCC's Charter Communications order, Cox Communications said in a docket 20-10 reply Thursday to state oppositions to its petition for an effective competition determination (see 1912190070). Cox also rejected arguments that deregulating the basic service tier would mean those rates increasing, saying it committed to the state that there won't be a basic service tier rate hike in service, equipment or installation until at least March 31, 2021, even though its current rates are below what's permitted. The MDTC and AG in oppositions to the Cox petition (see here and here) argued the Holland, Massachusetts, market isn't subject to effective competition, since the AT&T TV Now vMVPD service doesn't satisfy the local exchange carrier test and since AT&T TV Now isn't a comparable cable service because it lacks local broadcast channels.