News & Analysis as of

Something for Everyone? Pre-election FCC Draft Business Data Service Fact Sheet Leaves No One Entirely Happy

FCC Chairman Tom Wheeler has released an October 7, 2016 “Fact Sheet” summarizing key points of his draft Business Data Service (“BDS”) Reform Order to regulate the leased, dedicated high capacity circuits that are used for...more

FCC Flexes Muscle: T-Mobile to Pay $48 Million for Failing to Disclose Limits on ‘Unlimited’ Data

Showing that it’s not about to slow down its aggressive enforcement of its open Internet regulations, the Federal Communications Commission (FCC) announced a settlement yesterday resolving claims that T-Mobile USA Inc....more

Brace for Impact: The FCC’s Broadband Privacy Rules Are Almost Here

On October 6, Federal Communications Commission Chairman Tom Wheeler published a fact sheet and blog post outlining his proposal to create privacy rules for internet service providers (ISPs), setting the final rules up for a...more

FCC Sets Out Revised Privacy Rules For Broadband Providers

On Thursday October 7, 2016, the Chairman of the Federal Communications Commission (“FCC”), Tom Wheeler, announced a proposal for new privacy rules for broadband providers in a post on the FCC’s website. Chairman Wheeler...more

FCC Chairman Moves to Regulate Broadband Consumer Privacy

On October 6, Federal Communications Commission (FCC) Chairman Tom Wheeler released a factsheet outlining proposed rules aimed at protecting broadband consumers’ privacy. The proposed rules would apply to internet service...more

FCC Chairman Outlines Proposal for New Broadband Privacy Rules

On October 6, 2016, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler published a blog entry on the Commission’s website outlining proposed privacy rules for broadband Internet Service Providers...more

FCC Guidance Issued for Entities Interesting in Becoming Lifeline Broadband Providers

On September 30th the FCC’s Wireline Competition Bureau issued a Public Notice describing the new Lifeline Broadband Provider (“LBP”) designation process, including details regarding what applicants should include in their...more

Effective Dates of New FCC Lifeline Rules Finalized

Earlier today, the FCC announced in the Federal Register that the Office of Management and Budget (OMB) approved the remaining changes to the FCC’s Lifeline rules that were adopted in last spring’s Lifeline Modernization...more

FCC Considering Changes to the E-rate Program to Help Close the Homework Gap

The FCC released a Public Notice seeking comments on two petitions requesting rule changes to permit off-campus use of E-rate funded networks without a reduction in E-rate funding. Under the current E-rate program, schools...more

Microsoft and Partners Seek FCC Approval to Use TV White Spaces to Extend E-Rate-Supported Broadband Services to Close the...

A potential solution to the so-called “homework gap” – otherwise known as the limited ability of low-income students in rural or underserved areas to access a broadband connection at home – is the subject of a petition...more

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching...

On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that...more

One Less Sheriff In Town: Ninth Circuit Rules that Communications Common Carriers are Exempt from FTC Enforcement

On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a major decision restructuring how common carriers are regulated at the federal level. The Ninth Circuit interpreted Section 5 of the FTC Act, which...more

FCC Identifies Areas Eligible for Support Under Connect America Fund Phase II Auction

Orange is the new green –well that’s one way to think of the FCC’s latest announcement of areas eligible for support (subsidies) for providers delivering broadband to unserved areas in connection with the upcoming Connect...more

Sixth Circuit Says FCC Can't Preempt State Limits on Muncipal Broadband

In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which prevented municipal broadband providers from expanding their networks beyond...more

6th Circuit: Fed Agency Had No Authority to Preempt State-Law Limitations on States’ Activities

The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section...more

FCC Thwarted in Efforts to Preempt State Broadband Laws

The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

6th Circuit Reverses FCC’s Preemption of State Law

Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North Carolina that limited the...more

FCC Approves Lifeline Compliance Plans for the First Time in Nearly Four Years

For the first time in nearly four years, yesterday the FCC’s Wireline Competition Bureau announced the approval of two Lifeline compliance plans in a Public Notice. The FCC action comes after the April 27 release of its...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

Sixth Circuit Reverses FCC’s Preemption of State Laws on Municipal Broadband

Yesterday, the U.S. Court of Appeals for the Sixth Circuit reversed the FCC’s order preempting Tennessee and North Carolina laws that prevented municipalities from deploying cable services, video services, and Internet...more

Open Internet Order Prevails

Addressing challenges to the Federal Communication Commission’s (FCC’s) 2015 Open Internet Order, the US Court of Appeals for the District of Columbia Circuit concluded that the FCC acted with proper authority when it...more

FCC Launches Mapping Tool to Drive Broadband Healthcare Solutions

This Tuesday, the FCC’s Connect2Health Task Force unveiled its Mapping Broadband Health in America tool which permits users to “visualize, overlay, and analyze broadband and health data” at the national, state, county and...more

Public-Private Partnerships in Municipal Broadband Internet

Cities have long been the center of economic growth in our country, and smart cities recognize that modern infrastructure is a key threshold issue to be addressed for successful economic development....more

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