Sens. Elizabeth Warren, D-Mass., and Bernie Sanders, I-Vt., and Rep. Joaquin Castro, D-Texas, are urging the FCC and DOJ Antitrust Division to “closely scrutinize” the Venu Sports streaming platform joint venture from Disney subsidiary ESPN, Fox and Warner Bros. Discovery (see 2402070006). “This massive new sports streaming company would be poised to control more than 80% of nationally broadcast sports and more than half of all national sports content, putting it in a position to exercise monopoly power over televised sports,” the lawmakers said in an eight-page letter to DOJ Antitrust Chief Jonathan Kanter and FCC Chairwoman Jessica Rosenworcel released Wednesday. “The market power of [Venu's] three giant parent companies would enable it to discriminate against competitors and increase prices for consumers.” The streaming deal’s description as a joint venture “should not prevent antitrust and telecommunications regulators from giving it the scrutiny it deserves,” the lawmakers said: The FCC and DOJ Antitrust should “oppose it if it violates antitrust or telecommunications laws or regulations.” They suggested the FCC examine whether the Venu Sports proposal represents “a violation of the national ownership cap” given its “duty to prevent a single entity from reaching more than 39% of households, and its broader mandate to promote competition in the public interest.”
The 3rd U.S. Circuit Appeals Court affirmed a lower court ruling Friday in response to Core Communications' appeal against AT&T concerning an access service charges dispute (docket 23-3022). The district court "gave effect to the plain and unambiguous terms of the tariff," the ruling said, and Core's "right to fees thereunder have been left entirely undisturbed." The court said that Core may recover such fees "to the extent that Core provides services covered by the tariff" (see 2405230009). "In this case, however, as the district court correctly concluded, Core did not provide such covered services," the ruling said.
The Senate voted 91-3 on Tuesday to approve a pair of kids’ online safety bills, shifting attention to the House, where the legislation awaits committee consideration.
Filings for mandatory disaster information reporting and network outage reporting systems would hinder broadcasters during disasters, NAB, Morgan Murphy Media and Beasley Media said in a meeting with Public Safety Bureau staff Wednesday. “Unlike other services, broadcast stations must report timely news and information about a disaster as a situation unfolds,” an ex parte filing posted in docket 21-346 Friday said: “Mandatory reporting would distract station staff from this core duty.” Commenters in the docket who support mandatory reporting for broadcasters “demonstrate a lack of real-world experience in dealing with emergencies or understanding of the competing demands on station staff during a disaster,” the filing said. The FCC’s suggestion that mandatory reporting would lead to more effective allocation of emergency resources doesn’t ring true, the broadcasters said. “With all due respect to emergency responders, filing a DIRS report has rarely, if ever, led to government assistance that helps a station maintain or restore service.”
The Senate voted 86-1 Thursday to advance two kids’ safety bills, with Sen. Rand Paul, R-Ky., casting the lone no vote (see 2407240057).
The 5th U.S. Circuit Court of Appeals in a 9-7 decision sided with Consumers' Research following an en banc rehearing of the group's challenge of the FCC's Universal Service Fund contribution methodology. Calling the contribution factor a "misbegotten tax," the court in a Wednesday ruling in docket 22-60008 held that as a "practical matter," the Universal Service Administrative Co. "sets the USF tax" that's "subject only to FCC's rubber stamp" (see 2406180055). In a statement, Chairwoman Jessica Rosenworcel said the agency will "pursue all available avenues for review."
California commissioners next month could finalize a process that lets people without social security numbers apply for state low-income phone subsidies. The California Public Utilities Commission on Monday released a proposed decision (docket R.20-02-008) that could get a vote as soon as commissioners’ Aug. 22 meeting and tee up a three-month implementation. Accepting applications from those without SSNs wouldn't be optional under the draft.
Regulatory action overseas increasingly is chilling competition from U.S. tech firms while hurting American consumers, regulatory and trade policy experts said Tuesday during an American Consumer Institute (ACI) panel discussion focused on EU regulations and tech competition with China. Legislation like the EU's Digital Services Act and AI Act subjects U.S. firms to "aggressive" investigations and allegations of competitive harm, said Tirzah Duren, ACI vice president-policy and research.
Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., remain opposed to the Kids Online Safety Act, which is preventing Senate Majority Leader Chuck Schumer, D-N.Y., from moving the bill by unanimous consent (see 2406200053).
CDK Global, a software provider for North American car dealerships, failed to take the necessary steps to protect Coby Hester’s and class members’ personally identifiable information (PII), Hester's negligence class action alleged Thursday (docket 1:24-cv-05377) in U.S. District Court for Northern Illinois. CDK was hired to protect PII and is responsible for the software behind most major car dealerships in North America, the complaint said, citing a June 20 article in Enterprise Management 360 about a June 18 ransomware attack at CDK that reportedly reached 15,000 car dealerships. CDK acknowledged the breach on June 19 when it told car dealers it was investigating a “cyber incident.” The company “shut down most" systems and was “diligently trying to get everything up and running as quickly as possible,” the article said. CDK experienced a second cyber incident on June 19 and told dealers it was “again proactively shutting down most of our systems.” An employee of Northwest Dodge, Hester provided CDK with his PII, including name, address, Social Security number, driver’s license, and financial details, the complaint alleged. The Houston plaintiff is careful about sharing his PII and storing documents containing his PII in a safe, secure location, it added. Hester asserts claims of negligence and negligence per se, breach of third-party beneficiary contract and fiduciary duty and unjust enrichment.