Broadband

News & Analysis as of

FCC Public Notice Provides Details for Incentive Auction

As noted in our recent advisory on this subject, the FCC adopted procedures for next year’s scheduled incentive auction at its open meeting on Aug. 6. The FCC has now released the details in a 156-page Public Notice,...more

Sixth Circuit Consolidates Cases, Sets New Briefing Schedule in Appeals Involving Municipal Broadband Laws

As expected, the Sixth Circuit Court of Appeals has consolidated the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s order striking down provisions of...more

Communications Networks – update on UK and EU regulatory reviews

In March, Ofcom announced its decision to undertake a strategic review of the telecommunications sector, having not carried out such a review since 2005. In parallel, the EU is currently reviewing regulation within the...more

FCC Proposes Record $100 Million Penalty for Alleged Violations of Open Internet Transparency Rule

If you work for a broadband service provider and haven’t recently reviewed your FCC-mandated network management “transparency” disclosures posted on your website, we suggest you make that the next thing you do after reading...more

Are Your Disclosures Sufficient Under the “Enhanced” Transparency Rule?

Although not yet in effect, broadband providers should begin to consider how best to implement the FCC’s “enhanced” transparency (disclosure) requirements. As explained in our recent advisory, the Order retains the FCC’s 2010...more

Edge Provider Files First Interconnection Complaint

What appears to be the first complaint by an edge provider regarding interconnection has been submitted to the FCC. In the complaint, dated June 22, 2015, Commercial Network Services (CNS) identifies itself as an edge...more

FCC becomes another active regulator over data security through $3.5M settlement with two telecom companies

The FCC has announced that it will receive a settlement payment of $3.5 million from two telecommunications companies—TerraCom Inc. and YourTel America for allegations around the companies’ failure to safeguard customers’...more

FCC Seeks Comment on Small Business Exemption From Open Internet Enhanced Transparency Requirements

The FCC’s Consumer and Governmental Affairs Bureau is seeking comment on the “Small Business Exemption from the enhanced transparency requirements adopted in the 2015 Open Internet Order. The exemption is currently in effect...more

Comment Dates Announced for Small Business Exemption to the Enhanced Transparency Rule

On July 6, 2015, a summary of the Federal Communications Commission’s (FCC) Small Business Exemption to the Open Internet Order’s Enhanced Transparency Rule was published in the Federal Register....more

FCC Open Internet Advisory Procedures - Possibilities and Potential Pitfalls

As we head into this long holiday weekend, the FCC gives us something to think about. To seek guidance or not to seek guidance, that is the question. Today, the FCC released its Open Internet Advisory Opinion Procedures....more

FCC Fines AT&T $100,000,000 for Violation of Transparency Rule

In a recent enforcement action, the FCC fined AT&T $100,000,000 for violations of the Open Internet Transparency Rule (“Transparency Rule”). The Notice of Apparent Liability (“NAL”) for Forfeiture and Order stated that AT&T...more

FCC Adopts New Rules, Proposes Further Reforms for Lifeline Program

Last week, the FCC released its second major order in the Lifeline reform proceeding: Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order...more

Consumer and Governmental Affairs Bureau Seeks Comment on the Open Internet Order’s Small Business Exemption

On June 22, 2015, the Federal Communications Commission’s (Commission) Consumer and Governmental Affairs Bureau (CGB) sought comments on the temporary small business exemption to the 2015 Open Internet Order’s Enhanced...more

FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the...more

FCC Adopts Lifeline Item

Last week, the FCC adopted a Second Report and Order, Order on Reconsideration, Second Further Notice of Proposed Rulemaking and Memorandum Opinion and Order to comprehensively restructure and modernize the Lifeline program. ...more

FCC Adopts Major Overhaul of Lifeline Program Including Proposal to Support Broadband

Thursday, the FCC adopted an order and further notice of proposed rulemaking (referred to below as “Order and FNPRM”) that will revise some aspects of the Lifeline program and proposes to make even larger changes, including...more

FCC Acts to Modernize and Reform Lifeline Program

The Commission proposes broadband subsidies. The Federal Communications Commission (FCC or the Commission) today adopted a Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order,...more

Open Internet Rules Become Effective Today, June 12

On June 12, 2015, the Open Internet Order's (Order) three bright line rules and the new “general conduct” standard will become effective. The reclassification of broadband Internet access service (BIAS) as a...more

D.C. Circuit Denies Stay, Open Internet Rules Become Effective June 12

On June 11, 2015, the D.C. Circuit rejected U.S. Telecom’s request for stay which would have put the Open Internet rules on hold until the court issued a decision on their legality. However, the court agreed to expedite its...more

Special Session Set For Today

After weeks of negotiations, speculation, and a late night caucus, Governor Mark Dayton called the Special Session for today at 10 a.m. The six bills on the approved agenda are the three budget bills that Dayton vetoed at...more

Open Internet Rules Become Effective June 12: Impact on Pole Attachments

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a...more

Chairman Wheeler Releases Preview of Lifeline Changes and Further Proposals

On May 28, 2015, FCC Chairman Tom Wheeler released a summary of his proposals for reforming the Lifeline program. After noting the stark disparity in broadband access between wealthy American households and those with low...more

Twelve Communities in Western Mass. on Board for Muni Broadband Project

This country was founded upon communities in New England helping themselves instead of relying on others to fix their problems, said Blair Levin, Gig.U executive director, speaking to us on municipal broadband projects. So...more

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

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

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