Communications & Media Energy & Utilities

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Federal Order Addresses California Restrictions on When Wireless Providers Can Produce Documents Responsive to Subpoenas

A recent order from the U.S. District Court for the Northern District of Illinois affirms that California Public Utilities Code § 2891 applies to wireless telecommunications providers. The argument in that case focused on the...more

Mining Issuers: Ensure your Websites and Investor Presentations Comply with NI 43-101

Mining issuers have their qualified persons (“QPs”) and occasionally legal counsel review technical disclosure, including news releases and technical reports, to ensure they comply with National Instrument 43-101 Standards of...more

Google’s Pole Attachment Rights in California on Hold for Now

The California Public Utilities CPUC (CPUC) released a Proposed Decision on February 20, 2015 denying a petition by Google Fiber Inc. (Google) to modify the CPUC’s Video Service Provider Decision or DIVCA Order. Google’s...more

California Updates Existing Utility Pole Rules to Improve Safety and Reliability

The California Public Utilities Commission (“CPUC”) released a unanimous decision amending the rules governing design, construction, and maintenance of outdoor overhead power and communication lines. The 16 amendments are...more

Harper Review: Implications for networks businesses

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for networks businesses....more

Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception. ...more

FCC Forbears “For Now” From Requiring Universal Service Contribution From Broadband Providers

Section 254(d) of the Act requires providers of “telecommunications services” to contribute to the federal Universal Service Fund (USF), which is used to subsidize telephone and broadband service in high-cost areas, for...more

FCC Releases Full Text of Order Preempting State Laws Limiting Municipal Broadband

On March 12, 2015, the Federal Communications Commission released the text of its order preempting provisions of North Carolina and Tennessee law that allow municipalities to provide broadband service but otherwise limit the...more

Impact of Reclassification on Pole Attachments

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more

Special Legal Challenges in Reclassifying Wireless Broadband As a “Telecommunications Service”

As noted in the main text, the Order’s analysis of wireless broadband proceeds in two steps. First, as noted there, the Order reviews the technical and market characteristics of broadband Internet access service (BIAS) in...more

FCC Opens Utility and Telephone Poles to Google

The Federal Communications Commission has finally released its long awaited Open Internet Report and Order on Remand, Declaratory Ruling, and Order establishing a new policy on the status of broadband Internet access service...more

No Slow Lanes, No Fast Lanes: FCC Adopts New Regulations Treating Internet as a Public Utility

Should your Internet service provider be regulated in the same manner as your telephone service provider? Despite how quaint this question might sound now that many consumers bundle their ISP, telephone and television service...more

Pennsylvania and Ohio High Courts Issue Decisions Impacting Oil and Gas Operators

Supreme Court of Pennsylvania Declines to Extend Primary Term of Oil and Gas Lease - In Wayne Harrison, et al. v. Cabot Oil & Gas Corp., Case No. 75 MAP 2014 (Pa. Feb. 17, 2015), the Supreme Court of Pennsylvania...more

President Obama’s 2015 Priorities Include Cybersecurity

During his recent State of the Union address, President Obama called on Congress “to finally pass the legislation we need to better meet the evolving threat of cyber attacks, combat identity theft, and protect our children’s...more

Focus on Regulatory Law - December 2014

In This Issue: - Regulatory Authorities - Energy - Public Economy Law - Contracts - Public Health - Comparative Law - Excerpt from Regulatory Authorities: French...more

Environmental Branding in Social Media

For the last three years, I have been the Vice Chair of Social Media for the American Bar Association Section of Environment, Energy, and Resources Air Quality Committee. The position requires posting developments in the law...more

Energy Tax Alert: Congress Extends Biofuel Incentives

Congress this week passed the Tax Increase Prevention Act of 2014, which extends a number of expired or expiring tax provisions through the end of 2014. The President is expected to sign the Act soon. The Act extends a number...more

FCC Delays Vote on Net Neutrality Laws

Last month, President Obama urged the FCC to “reclassify consumer broadband services under Title II of the Telecommunications Act – while at the same time forbearing from rate regulation and other provisions less relevant to...more

California Public Utilities Commission to Approve Grant Program to Promote Broadband Internet for Public Housing

Application Submission Scheduled for Mid-December Through Mid-January - The California Public Utilities Commission is scheduled to approve the California Advanced Services Fund Public Housing Broadband Grant Guidelines...more

Cable Company Announces FCPA Internal Investigation Near Completion

Just a month after announcing its internal investigation of possible FCPA violations, news reports indicate that a major cable company’s review will be completed or substantially completed by the first quarter of 2015. ...more

Electricity Reform in Mexico: New Opportunities and Roles

Although much of the buzz around Mexico's energy reform focused on the oil & gas sector, the Mexican power sector also underwent a fundamental change. Together with eight new and twelve amended federal laws, Mexico's...more

Petitioners Urge FTC to Investigate Utility’s Environmental Marketing Claims

This week, environmental activists in the state of Vermont filed a petition with the United States Federal Trade Commission (FTC) alleging that an electric utility made improper environmental marketing claims regarding its...more

CPUC Adopts Rules for Renewal of State Video Franchises

Commission Decides Streamlined Process Required by DIVCA - The California Public Utilities Commission has concluded its rulemaking proceeding and adopted streamlined rules that holders of state video franchises (such as...more

New Opportunities for California Arise from Mega Cable Merger

In an earlier post, we talked about the FCC’s review of the Comcast-Time Warner Cable merger heating up with more than 65,000 comments filed this week. Folks in California may be interested to know that the California Public...more

CPUC Review of Comcast-TWC Merger Gives Cities & Schools Opportunity to Improve Broadband Services

The California Public Utilities Commission has decided to focus on the cost and availability of broadband services in its review of the proposed merger between the two largest cable and broadband providers in the state:...more

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