Texan judges and juries can't hold high tech hostage any more


Goodbye to all that.

A particularly pathological cottage industry in east Texas is coming to an end, much to the delight of high tech entrepreneurs, and they have a low tech court case to thank for it. The federal supreme court ruled that patent trolls can’t go shopping for the most easily bamboozled judges and juries, but instead have to file law suits in the home state of the companies they’re trying to shake down.

According to a story in the Hill, the decision came in a case where Kraft – decidedly not a troll – tried to sue an Indiana-based company, TC Heartland, over water flavoring technology in a Delaware-based court…

The ruling will have broad implications for patent lawsuits, which are frequently moved to certain districts that have a track record of being favorable to patent infringement claims.

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More voices join California broadband subsidy policy debate

26 May 2017 by Steve Blum
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A potential overhaul of the California Advanced Services Fund (CASF) – the state’s primary broadband infrastructure subsidy program – was mooted at a California Public Utilities Commission workshop yesterday. The alternative scenarios that were presented were, to a large extent, wish lists from incumbents and, particularly, heavily weighted toward supplementing AT&T’s and Frontier’s business models – carving out federally funded areas, extending existing copper networks or focusing just on their territories for example.

Incumbents had good words for that approach – not surprising – but for the most part participants vocally opposed dropping the CASF performance threshold to 6 Mbps download and 1 Mbps upload speeds, from its current 6 Mbps down/15 Mbps up level.… More

Formal opposition to California broadband subsidy grab filed

24 May 2017 by Steve Blum
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Although objections have been raised, legislative staff analyses have skated around the question of opposition to assembly bill 1665, which would effectively turn California’s broadband infrastructure subsidy program into a drawing account for AT&T and Frontier Communications.

No longer. The Central Coast Broadband Consortium (CCBC) submitted a letter, formally going on record opposing AB 1665. It highlighted the top three reasons it is bad public policy and bad for Californians…

  • Setting California’s minimum broadband standard at 6 Mbps download and 1 Mbps upload speeds is a step backwards, at a time when we must all move forward together.
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Support for PG&E as a telecoms competitor, if that's all it is

23 May 2017 by Steve Blum
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I’ll show you a pole attachment.

Seven objections, of one variety or another, were filed against PG&E’s bid to be certified as a telecommunications company by the California Public Utilities Commission. Links to all are below.

Three came from industry players, including Crown Castle, which has a growing and competitive fiber footprint in California, and two lobbying fronts, one for cable operators and the other for competitive local exchange carriers (CLECs), which are companies that largely rely on reselling access to physical facilities owned by big telcos and fiber network owners.… More

Telcos' California cash grab gets a nod at the CPUC

22 May 2017 by Steve Blum
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Three parallel efforts are underway to rewrite the rules for California broadband infrastructure subsidies and use the money to support substandard service and technology deployed by AT&T and Frontier Communications. The legislature is considering assembly bill 1665, which would, among other things, add $300 million to the California Advanced Services Fund for broadband construction and operating costs, and effectively give it to AT&T and Frontier. The lower service standards and eligibility restrictions in the bill would keep independent Internet service providers out of most of rural California.… More

Money lost on pole rentals is your problem, senators tell California cities

21 May 2017 by Steve Blum
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Cities and counties will have to figure out how for themselves how to make up any losses they suffer if senate bill 649 becomes law. That’s the conclusion of a state senate appropriations committee analysis, ahead of a hearing on the measure last week. SB 649 would effectively give mobile carriers open access to city-owned property, such as light poles, at pre-determined, cut rate prices. As it currently reads, instead of charging wireless companies up to $4,000 or more a month in rent, cities could only charge rates set by legislature

Cities and counties currently negotiate lease rates for small cell attachments on publicly owned vertical infrastructure that is market based, and many local governments may use excess lease revenues to pay for other public services or to subsidize the extension of wireless service in underserved areas.

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FCC votes to kill net neutrality, after a fair trial of course

19 May 2017 by Steve Blum
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Common carrier rules for broadband service are on the way out. As expected, the Federal Communications Commission voted along party lines to begin a rulemaking process that, in theory, is a neutral, technocratic assessment of current regulations that might lead to any outcome. But there’s never been any pretence that the result will be anything but a repeal of the FCC’s 2015 decision to bring broadband – wired and wireless – under the common carrier umbrella.… More

Gonzales, California putting broadband into every home, business

Basic broadband in every home and fast fiber for every business: that’s the goal endorsed on Monday by Gonzales city council members. The plan, as presented by staff, is to issue two requests for proposals.

The residential RFP is ambitious. There are 1,800 homes in Gonzales, which is located in California’s Salinas Valley. The city wants to provide a basic, lifeline-level of service to each one. As the report presented to the council explains

Staff has been exploring the possibility of entering into a bulk services agreement with a qualified Internet service provider (ISP) to deliver a basic level of Internet access to every home in Gonzales.

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Broadband subsidy grab by telcos, cable faces budget scrutiny in Sacramento

17 May 2017 by Steve Blum
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The attempt to turn the California Advanced Services Fund – the state’s primary broadband infrastructure subsidy program – into a piggy bank for AT&T, Frontier and cable companies gets another hearing at the capitol today. Assembly bill 1665 will go before the assembly appropriations committee, which has responsibility for seeing that bills that raise money – in this case, reinstate a tax – and spend it are based on sound fiscal policy, both in isolation and in the context of California’s overall budget.… More

Oops, CenturyLink rebuttal makes the case for CPUC intervention

16 May 2017 by Steve Blum
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CenturyLink had to say something, and there probably wasn’t much else it could say, but its response to protests filed against its proposed acquisition of Level 3 does as much to encourage a rigorous review by the California Public Utilities Commission as it does to dissuade it.

The formal opposition to the transaction comes from a coalition of consumer advocacy groups – TURN, the Greenlining Institute and the CPUC’s office of ratepayer advocates – and the California Emerging Technology Fund.… More