Broadband

News & Analysis as of

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

Structuring Successful Broadband P3s

Public entities have recently been looking for new ways to harness right of way (ROW) for broadband public-private partnership (P3) projects. Last year, the city of Santa Cruz made history by entering into a roughly $50...more

Commenters Dispute FCC’s Proposed ISP Privacy Opt-In Rules

The Federal Communications Commission ( “FCC”) received more than 276,000 public comments on its proposed broadband Internet service provider privacy rules. Of these, two academic submissions received near the July 6 deadline...more

The Latest with the FCC's Open Internet Order [Video]

Attorneys Chris Savage, Peter Karanjia, and Dan Reing discuss the history and rationale of the Open Internet Order and the motivation and implications of the D.C. Circuit Court’s decision. The FCC’s assumption affirms that...more

What’s the Frequency, Tom: The FCC Releases the Spectrum Frontiers Order

In a move that will support the development of 5G networks, the FCC issued an Order last week in the “Spectrum Frontiers” proceeding that should open up large amounts of high-band spectrum for licensed and unlicensed use. ...more

EU & Competition Law Update – June 2016

BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more

Internet Service a Utility in Bankruptcy? It Might Be Now.

One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law. Just as business practices change, new financing techniques evolve, and transactions become...more

12 States Appeal the FCC’s Lifeline Modernization Order

Twelve states have filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit challenging the FCC’s decision in the Lifeline Modernization Order to create a new type of federal ETC for the provision of...more

E-Rate Program Proposed Expansion

FCC Looking to Increase Eligibility for Reimbursement - The Federal Communications Commission is seeking comments on a proposal to expand what services are eligible for reimbursement under the E-rate eligible services...more

HUD and FCC Broadband Services Expansion Proposals

The Department of Housing and Urban Development and the FCC have released a set of proposals that could enhance public housing residents’ access to broadband services. In a three-part series of BB&K Legal Alerts, we have...more

HUD Proposes Two New Rules on Broadband Infrastructure and Consolidated Planning

The Department of Housing and Urban Development has issued two Notices of Proposed Rulemaking to impose new and unfunded mandates on local governments related to the accessibility of broadband services in federally funded...more

FCC's Lifeline Order

The Federal Communication Commission's recent expansion of Universal Services from supporting only voice services to broadband services (also known as the “Lifeline Broadband program”) could lead to enhanced broadband...more

New FCC Lifeline Rules: Effective Dates Clarified Multiple Times But Some Discrepancies Remain

The Lifeline Modernization Order was published in the Federal Register on May 24, making the effective date of the Order June 23, 2016. Most of the rule changes, however, cannot take effect until the Office of Management and...more

D.C. Circuit Upholds FCC’s Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the Federal Commerce Commission’s recently enacted rules that enforce “net neutrality” as to Internet Service Providers. ...more

D.C. Circuit Upholds FCC's Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s (FCC’s or Commission’s) 2015 Open Internet Order (2015 Open Internet Order), which classified broadband...more

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