Common Carriers

News & Analysis as of

FMC Proposes New Rules for Ocean Common Carriers and Marine Terminal Operators

The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review....more

Human Intervention Saves Life360 From TCPA Liability

Last week, the United States District Court for the Northern District of California dismissed a putative class-action lawsuit filed against Life360, Inc. (“Life360”), a family networking app, for alleged violations of the...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

A Close to Open Internet Challenges?

In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

FCC Issues Tariff Investigation Order and NPRM Which Proposes to Substantially Revise and Expand the Regulation of Business Data...

In May 2016, the FCC moved forward with its decade-overdue reform of the $45 Billion per year dedicated business data services (“BDS”) market. BDS providers, including major incumbent telecommunications companies and now even...more

Privacy Advocates and ISPs Spar over Targeted Ads

The Federal Communication Commission’s (the “FCC”) landmark decision last year to reclassify Internet service providers (“ISPs”) as common carriers under Title II of the Communications Act of 1934 implicates policy issues...more

Alabama Tax Tribunal Rules Certain Freight Charges are Not Subject to Sales Tax

In Mike Kilgo & Associates, Inc. v. State of Alabama Department of Revenue, the Alabama Tax Tribunal recently ruled that freight and shipping charges separately stated from other charges on a seller's invoice are not subject...more

Sixty Civil Liberties Groups Petition FCC For Broadband Privacy Rules

A group of sixty prominent civil liberties organizations sent a joint letter to the Federal Communications Commission (“FCC”) on January 20, urging Chairman Tom Wheeler to propose new privacy rules governing broadband...more

Civil Liberties Organizations Call on FCC To Regulate Broadband Privacy

In a letter to the Federal Communications Commission (FCC) made public on January 20, 2016, sixty civil liberties organizations, including the ACLU and the Electronic Frontier Foundation, called on the FCC to use its...more

FTC/FCC MOU: Even the Justice League Needs It In Writing

On November 13, 2015, the Federal Trade Commission and the Federal Communications Commission entered into a Memorandum of Understanding to address coordination of consumer protection actions by each agency. Following a wave...more

Why Can’t We Be Friends? FTC and FCC Formalize Cooperation in Consumer Privacy Enforcement

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) recently formalized an agreement to cooperate when regulating the “deceptive, unfair, unjust and/or unreasonable” acts and practices of common...more

FCC and FTC Announce Consumer Protection Memorandum of Understanding

On Monday, the FCC and FTC published a Memorandum of Understanding in which the two agencies agreed to engage in greater coordination and collaboration on consumer protection issues, with greater respect for each agency’s...more

Defining the Lines on Consumer Protection in the Broadband Era: What the Consumer Watchdog Order and the FCC-FTC Sign MOU Mean

In the last few weeks, the Federal Communications Commission (FCC or the “Commission”) has taken two significant steps to further clarify its role as an agency charged with protecting consumers. The first instance was a...more

FMC to Start Two Regulatory Reviews Regarding Industry Regulations

The U.S. Federal Maritime Commission (FMC) voted this week to start the regulatory review process regarding ocean common carrier and marine terminal operator (MTO) agreements (the Carrier/MTO Agreement Review). The review,...more

FCC and FTC Reach Consumer Protection Memorandum of Understanding (MOU): Agencies Promise Cooperation, Express Shared Jurisdiction...

On November 16, 2015, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) reached a Memorandum of Understanding (MOU) in which the two agencies agreed to engage in greater coordination and...more

FCC May Ease the Way for Foreign Investment in Telecommunications Industry

The FCC seeks public input on how it can change the rules that limit direct and indirect foreign ownership in media and telecommunications companies to reduce barriers to foreign sources of capital without compromising...more

Wireless Telecommunications Bureau Seeks Comment on Twilio Petition Requesting Classification of Messaging Services Under Title...

On October 13, 2015, the Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (FCC or the Commission) issued a Public Notice seeking comment on a Petition for Expedited Declaratory Ruling...more

TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

FCC Issues Package of New Declaratory Rulings Concerning Telephone Consumer Protection Act

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

International Traffic and Revenue Reports Due July 31

All US international authorization holders and US international service providers must file International Traffic and Revenue Reports. Common carriers and voice over Internet Protocol (VoIP) providers that offer...more

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

How 'Common Carrier' Defense Applies to TCPA Class Actions

The Federal Communications Commission, the agency which Congress gave authority to implement regulations and enforce the Telephone Consumer Protection Act, expressly exempts common carriers who transmit prohibited fax...more

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

Not So Small After All: CallFire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case

Last month, in Rinky Dink, Inc. v. Electronic Merchant Systems, et al., No 13-cv-01347, 2015 WL 778065 (W.D. Wash. Feb. 24, 2015), online voice and text provider CallFire became one of the first (if not the first) TCPA...more

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