• Three U.K., Great Britain’s fourth-largest mobile phone service company, has filed a “letter of concern” with the European Commission regarding a joint venture between O2, the British entity of Telefonica of Spain, Vodafone, and Everything Everwhere, co-owned by Deutsche Telekom and France Telecom. The joint venture will establish a common platform for mobile payments and advertising. Three U.K. argues that the three entities, which it claims own 90% of the British mobile market, have entered into an anticompetitive arrangement that will impede competition and result in higher prices to consumers.
  • On September 6, 2011, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a district court opinion requiring the Department of Justice (DOJ) to turn over documents to the ACLU relating to the government’s use of mobile phone location data in criminal prosecutions. The Court of Appeals agreed that the exceptions to the Freedom of Information Act do not allow DOJ to withhold “docket information from criminal cases in which the government prosecuted individuals after judges granted applications for cell phone location data without determining probable cause, and in which those individuals were ultimately convicted or entered public guilty pleas.” The decision also remands the case to the district court in order to develop the record regarding additional documents in cases in which the party was acquitted, the case was dismissed, or the subject of the tracking has not yet been prosecuted. The ACLU seeks the information in conjunction with its efforts to prevent future warrantless tracking of suspects. The full decision is available here. ACLU and American Civil Liberties Union Foundation v. U.S. Department of Justice, Case No. 10-5159 (D.C. Cir.)
  • Comments on the FCC Further Notice of Proposed Rulemaking regarding the use of microwave links for wireless backhaul are due October 4, 2011, and Reply Comments are due October 25, 2011. For more information, click here. To view the NPRM, click here.
  • Comments on the draft Mobile Medical Applications guidelines from the United States Food and Drug Administration (FDA) are due October 19, 2011. The draft guidelines are available here. Filing instructions are provided in the document.