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UPDATE: FCC’s New Pole Attachment Rules are Now Effective

On July 26, 2024, the Federal Communications Commission (“FCC”) issued a Public Notice announcing that new pole attachment rules, which the FCC adopted in a December 2023 Report and Order, are effective as of July 25, 2024....more

With Net Neutrality Order, FCC Grants Broadband-Only ISPs New Pole Attachment Protections

The Federal Communications Commission (FCC) voted on April 25, 2024 to reinstate its net neutrality rules by reclassifying broadband internet access service (BIAS) as a “telecommunications service” under Title II of the...more

FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion

On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that...more

FCC To Vote on New Pole Attachments Rules to Promote Broadband Expansion

After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and...more

White House Announces $4.25 Billion In Broadband Funding Allocations

On June 26, 2023, the Biden Administration unveiled funding allocations for the $42.5 billion Broadband Equity, Access, and Deployment (“BEAD”) program meant to rapidly expand affordable, high-speed broadband service across...more

Florida Enacts Pole Attachment Regulations for Electric Cooperatives

On June 5, 2023, Florida governor Ron DeSantis signed into law HB1221, subjecting rural electric cooperatives to pole attachment regulation by the Florida Public Service Commission (“FPSC”) if they provide broadband service....more

FCC Assures State Lawmakers of Commitment to Pole Attachment Rules Promoting Broadband Deployment and Competition

Who knew that state sovereignty and urging states’ rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation....more

Tax Exemption for Federal Broadband Subsidies is the Next Big Step in Broadband Access for All

Universal broadband in the United States has evolved from an aspirational policy goal and now has become a robustly funded federal policy....more

Sunshine State Becomes 24th to Certify Regulation of Pole Attachments

On June 13, 2022, the FCC provided notice that the State of Florida has become the 24th state (including the District of Columbia) to certify state-level regulatory jurisdiction over rates, terms, and conditions for pole...more

The FCC’s Latest Pole Attachment Ruling: “Just Another Brick In The Wall” for Electric Utilities, or “Satisfaction” for ILECS?

On September 21, 2021, the Federal Communications Commission (FCC) issued the latest single in its anthology of decisions regulating the relationship between incumbent local exchange carriers (ILECs) and electric utilities,...more

Sixth Circuit Affirms FCC Rule That Most In-Kind Contributions Are Franchise Fees

On May 26, 2021, a Sixth Circuit panel rejected challenges by numerous municipalities to a 2019 order by the Federal Communications Commission (FCC) that most “in kind” (non-cash) contributions required by cable franchisees...more

FCC Launches Consumer Broadband Device and Service Program

On May 12, 2021, the Federal Communications Commission (“FCC”) began enrolling eligible households in its Emergency Broadband Benefit (“EBB”) program. The EBB program provides eligible households with up to a $50 monthly...more

Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders

On August 12, 2020, a Ninth Circuit panel affirmed three orders issued in 2018 by the Federal Communications Commission (FCC) to promote infrastructure investment and broadband deployment, including 5G small cell nodes. In...more

Virgil Quick Come See: FCC Drives Down Local Government Regulation of Cable Operators

On Thursday, August 1, 2019, the FCC took several actions to address persistent, decades-long efforts by local governments to convert their control over local rights-of-way into ever-increasing revenue streams from cable...more

FCC Seeks “Large Step” Toward Advancing Broadband Infrastructure Goals With Draft One-Touch Make-Ready Order

Promoting infrastructure investment and broadband deployment has been a top priority for Chairman Ajit Pai’s FCC. On July 12, 2018, the Chairman took a significant stride in advancing his agenda by releasing a draft report...more

FCC Vows Its Never Gonna Give Up On Bridging Digital Divide: Opens Rulemakings To Promote Access To Broadband Infrastructure

At the end of March, new FCC Chairman Ajit Pai branded April “Infrastructure Month.” He paired this declaration with the announcement of a comprehensive agenda aimed at tackling a host of infrastructure-related challenges...more

Sixth Circuit Rejects FCC’s Effort To Preempt State Regulation Of Municipal Broadband Providers

The FCC’s February 2015 meeting yielded two significant and controversial orders premised on the agency’s authority under Section 706 of the Communications Act: its much-publicized Open Internet Order, and its less-publicized...more

Let’s Go Crazy: The FTC and FCC Launch “Parallel” Investigations Into Security Updates of Mobile Communications Industry

Earlier this week, the FTC and FCC announced “parallel” investigations into how carriers and mobile device makers release information on vulnerabilities, and how and when mobile security patches are distributed. The...more

They Can Be Heroes: The FCC Proposes Expansive and Detailed Privacy & Cybersecurity Regulations for Broadband ISP

On April 1, 2016, the FCC released a Notice of Proposed Rulemaking (“NPRM”) that would impose new regulatory burdens on broadband Internet service providers’ use of customer data. The wide-ranging NPRM also proposes rules...more

Government Forces Awaken: The Rise of Cyber Regulators in 2016

As the sun sets on 2015, but before it rises again in the New Year, we predict that, in the realm of cyber and data security, 2016 will become known as the “Rise of the Regulators.” Regulators across numerous industries and...more

FCC Slams Door to Higher Pole Attachment Rates

After kicking open a door to potential annual pole attachment rental increases in the hundreds of millions of dollars when it adopted its February 2015 Net Neutrality order, the Federal Communications Commission yesterday...more

Cyberspace Oddity: The FCC Regulates Internet Services as Common Carrier Telecommunications Services, “Protecting and Promoting...

The FCC voted recently 3-2 along party lines to promulgate new rules necessary to protect the “Open Internet.” At the core of the Commission’s action lies its decision to reclassify Internet services as a...more

Headin’ Down the Copperhead Road – the FCC Proposes New Rules for Legacy Infrastructure

Although it could be said that the FCC’s recent focus has been firmly fixed on the future, in particular IP-based communications (see, e.g., high-visibility proceedings involving the Open Internet, possible merger conditions...more

If They Could Be All You Wanted: The FCC Gets Serious About Small Cells

Say what you will about inside-the-Beltway leadership vacuums, political gridlock and the indecipherable output from the grey, grinding gears of our government agencies, but once in a while Washington actually gets it right. ...more

Is Wheeler Gaga for Gigabit? The FCC Liberates 100 MHz of Spectrum for Unlicensed Wi-Fi

On April 1, the FCC took steps to remedy a small but growing annoyance of modern life: poor Wi-Fi connectivity. Removing restrictions that had been in place to protect the mobile satellite service uplinks of Globalstar, and...more

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