Civil rights law is meant to ax racial discrimination in contracts, "not as a litigation tool that unhappy plaintiffs can use to browbeat others into making unwanted deals," like the Supreme Court taking up Comcast's appeal in litigation alleging the operator engaged in with racial animus in a programming decision (see 1906100024), Washington Legal Foundation Chief Counsel Richard Samp blogged Thursday. Rather than trying to make it more difficult for minorities to redress discrimination, the cabler is arguing only that proving racial discrimination in contracting means having to prove an injury was suffered, he said. Respondent Entertain Studios Networks, which is suing Comcast, emailed that Samp "is completely incorrect -- it was COMCAST who brought this case to the U.S. Supreme Court, not our company. Mr. Samp also fails to realize that the goal of Congress in passing Section 1981 after the racist Civil War was NOT to make dismissal of race discrimination claims easy, but rather to stamp out racism in contracting. Unfortunately, in partnership with Donald Trump’s Department of Justice, Comcast made a conscious choice to petition the U.S. Supreme Court in their attempt to eviscerate this original civil rights statute (Section 1981), which was put on the books 153 years ago, and currently protects over 100 million Americans.” Oral argument is Wednesday.
Country of origin cases
With T-Mobile buying Sprint and divestitures to Dish Network in court, T-Mobile offered additional inducements Thursday to make the deal seem sweeter to the states in the lawsuit and other opponents. Industry officials told us the FCC order approving the transaction may not do much to help T-Mobile win the case. T-Mobile promised to launch 5G Dec. 6, with 200 million POPS covered at launch and two devices immediately available. Critics told us they're not swayed.
Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., told us Thursday he now expects a planned second hearing on his concerns about a potential private auction of spectrum on the 3.7-4.2 GHz C band to happen Nov. 20. Kennedy grilled FCC Chairman Ajit Pai in October on whether he favors a private auction similar to what the C-Band Alliance proposes (see 1910170038). Pai's expected to propose a private auction plan for a vote at commissioners' Dec. 12 meeting (see 1910100052). The C-Band Alliance countered what it believes are other stakeholders' “misstatements” about its private auction proposal, writing House Communications Subcommittee leaders.
The California Public Utilities Commission should compel Dish Network to respond to data requests by the CPUC Public Advocates Office about T-Mobile's buy of Sprint, the office said in a Tuesday motion. “DISH is a party to the proceeding and a key player in the DOJ and FCC commitments made by Sprint and T-Mobile.” PAO seeks “supplemental and clarifying information regarding the DOJ and FCC commitments entered into by Sprint, T-Mobile, and DISH, in order to evaluate whether there is a negative impact on the originally proposed transaction.” Dish opposed PAO’s requests in Sept. 20 and Oct. 31 filings, arguing they exceed jurisdiction. PAO asked CPUC require Dish to respond by Friday, shorter than the typical 15 days. Dish can respond by Nov. 13, but not sooner, because it's focused on preparing testimony due Thursday, and responding by Friday to a separate PAO data request, the company wrote Administrative Law Judge Karl Bemesderfer Wednesday.
The FCC released its order Tuesday approving the T-Mobile/Sprint/Dish Network deal, approved by commissioners 3-2 Oct. 16 (see 1910160058). Democrats Jessica Rosenworcel and Geoffrey Starks raised objections, as did other critics, including on the process the FCC followed in developing the order. Rosenworcel said the FCC should also release the initial order circulated by Chairman Ajit Pai.
Sprint fell short of consensus estimates on profits and earnings Monday, and for the second quarter in a row management didn’t do a call with analysts. Sprint CEO Michel Combes said in a statement the company's optimistic its deal with T-Mobile will be completed early next year. Sprint said it took a hit because of the FCC's Lifeline probe. Meanwhile, T-Mobile missed a deadline Friday to renew its agreement with Sprint.
The few filings the FCC received on a September NPRM (see 1909060030) proposing that the agency fully transition its universal licensing system, its largest, from paper to electronic, were positive. Commenters said the FCC should do the same for other systems including for antenna structure registration. “The Commission’s recent efforts to modernize its filing and information retention systems have greatly improved public access to data, decreased costs for applicants and consumers, and improved efficiency for both the Commission and the companies it regulates,” Verizon said, saying more can be done. Applicants today can't file “two-step transactions, subleases, pre-close leases, and certain requests for special temporary authorization” in the ULS, the carrier said. “Lessees also cannot currently assign or transfer control leases in ULS,” Verizon said: “Instead, these applications must be filed on paper in Annapolis Junction [Maryland]. The office there then must forward the application to the appropriate FCC staff for processing. And the applicant must wait for a return package to ensure the application was filed.” AT&T urged the commission to “use this proceeding as an opportunity to consider other ways in which it can make its ULS and ASR systems more streamlined, transparent, and user-friendly. … AT&T believes the Commission’s rules for service of documents should be clear and consistent, and the Commission should proceed cautiously in changing these rules.” The Enterprise Wireless Alliance said electronic filing “should be the standard for all wireless application filings, authorizations, and correspondence.” Dealing with paper filings is time consuming, EWA said: “In EWA’s opinion, it is time for exempted classes of users to begin filing their applications electronically. The six-month period proposed in the NPRM should be ample to allow those parties to switch to a filing process that is used by many thousands of their peers.” The Blooston law firm group of rural wireless carriers noted that last year 5,000 of 425,000 ULS filings were manual and 15 of 7,000 ASR filings. “The Commission’s proposal is not unreasonable, provided that it is willing to liberally waive the electronic filing requirement in the event of electronic submission issues that occur from time to time,” Blooston said: “This is especially necessary for licensees in the Part 90 Private Radio Services, which were exempted from electronic filing when ULS was originally adopted.” Filings were posted last week in docket 19-212.
Letters Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., sent Friday to executives from major broadcasters ABC, CBS, Fox and NBC added further fuel to ongoing chatter about the direction of Congress' debate on Satellite Television Extension and Localism Act reauthorization. Senate Commerce Committee Chairman Roger Wicker, R-Miss., is continuing to eye circulating a draft renewal measure in the coming weeks (see 1910300055), but lobbyists are becoming doubtful it will be ready for an early November markup, as originally anticipated. The law will expire Dec. 31 absent recertification.
Apple representatives met with FCC staff, at their request, on a proposed requirement carriers identify the vertical axis of wireless 911 calls. An order is set for a vote at the Nov. 19 commissioners’ meeting (see 1910290054). Apple “has and will continue to invest and innovate in technologies and approaches that provide our customers with devices that offer reliable and granular location accuracy, and reliable battery performance in the emergency situations,” said a filing posted Wednesday in docket 07-114. Emergency calling location capabilities “originated with permanently fixed landline telephones whose locations could be accurately conveyed” but wireless calls are “inherently probabilistic and can accurately be represented only with clear and non-zero uncertainties,” Apple said: Requirements “must reflect this fundamental distinction.” Apple said “vertical location capabilities must be implemented at large scale and under real-world operational constraints without negatively impacting the user.” Apple lawyers met FCC Chief Technology Officer Eric Burger and Public Safety Bureau staff.
Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, Commerce Committee Chairman Roger Wicker, R-Miss., and Reps. Mike Thompson, D-Calif., and Peter Welch, D-Vt., led refiling of the Creating Opportunities Now for Necessary and Effective Care Technologies (Connect) for Health Act Wednesday. The bill aims to expand telehealth services through Medicare (see 1602030054). It would give the Health and Human Services secretary authority to waive some restrictions. Telehealth “is advancing, more providers and patients are relying on it, and we have broad bipartisan support,” Schatz said. It “will help bring access to telehealth to more areas across our nation by expanding use to services like mental health and emergency care, improving the implementation process, including new sites that can provide telehealth care like Federally-qualified health centers, and helping providers better monitor patients,” Thompson said. Original Senate co-sponsors include Communications Chairman John Thune, R-S.D.; and Ben Cardin, D-Md.; Cindy Hyde-Smith, R-Miss.; and Mark Warner, D-Va. The House version's original co-sponsors are Bill Johnson, R-Ohio, and David Schweikert, R-Ariz. Lawmakers touted endorsements from 120-plus organizations.