Paul Werner

Paul Werner

Sheppard Mullin Richter & Hampton LLP

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FCC Warns Broadband Internet Service Providers Of Coming Expanded Title II Privacy Regulation

On May 20, 2015, the Federal Communications Commission (“FCC”) released an Enforcement Advisory notifying providers that the agency’s recent Open Internet Order “applies the core customer privacy protections of Section 222 of...more

6/1/2015 - Broadband Communications Act 2003 FCC Internet Open Internet Rules Privacy Laws Section 222 Title II

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

3/2/2015 - Communications Act of 1934 FCC Internet Proposed Regulation Regulatory Agenda Telecommunications

The Eleventh Circuit Reaffirms FCC’s Authority To Coordinate National TCPA Policy And Ensure Uniformity Of Enforcement in Mais v....

Courts that have confronted the application of the “prior express consent” requirement of the Telephone Consumer Protection Act, see 47 U.S.C. § 227 – a.k.a., the TCPA – have in the main taken their cues from and adhered to...more

10/17/2014 - Appeals Debt Collection Enforcement FCC Hobbs Act Jurisdiction Prior Express Consent TCPA

Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against...

In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone...more

7/18/2014 - Advertising Agency Dish Network FCC Putative Class Actions Taco Bell TCPA Text Messages Vicarious Liability

Call Me Maybe?: The New TCPA Position Announced by The Federal Communications Commission in Nigro v. Mercantile Adjustment Bureau

As federal courts continue to grapple with the explosion of litigation brought by plaintiffs under the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) is increasingly being called...more

7/8/2014 - Cell Phones Debt Collection FCC TCPA

Supreme Court Sides with Broadcasters in Aereo Decision

In a highly-anticipated decision, the Supreme Court last week released its decision in ABC v. Aereo, holding that the transmission of over-the-air broadcast signals by Aereo’s tiny antennas constitutes a “public performance”...more

7/1/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

North Carolina Court Issues First Decision Controlling Coop Pole Attachment Rates

This is a story of persistence and perseverance, if not patience. The cable industry finally obtained some control over skyrocketing pole attachment rates charged by cooperative utilities in North Carolina when the...more

6/2/2014 - Cable Television Providers Time Warner Utilities Sector Utility Poles

Once More Unto the Breach: the FCC Calls for Comments on Revamping Net Neutrality Regulations

Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed...more

5/19/2014 - FCC Internet Internet Service Providers Net Neutrality

Twice Bitten But Not Shy, The FCC Is Handed The DC Circuit’s Prescription for Internet Regulation

On Tuesday, January 14, 2014, the United States Court of Appeals for the D.C. Circuit struck down the FCC’s latest effort to mandate “net neutrality”– or promote internet “openness” – under the auspices of implementing the...more

1/21/2014 - Anti-Discrimination Policies Communications Act of 1934 FCC Internet Telecommunications

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