News & Analysis as of

Common Carriers Telecommunications

Womble Bond Dickinson

FCC’s Net Neutrality Order Extends Exclusive Access Prohibitions to Broadband-Only Services Delivered to Residential and...

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In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Upholds “Light Touch” Federal Regulation of Broadband ISPs, but Opens the Door to Differing State-Level Laws

On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order

On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more

Womble Bond Dickinson

BREAKING TCPA NEWS: Another REAL PEACE of Legislation Introduced to Combat “Robocalls”

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Yesterday, a trio of Democratic Senators – Dianne Feinstein, Richard Blumenthal, and Amy Klobuchar – introduced the REAL PEACE Act. The Act proposes to eliminate the long-standing exemption of common carriers from the...more

Kelley Drye & Warren LLP

Net Neutrality Showdown Scheduled for February 1st

In an event sure to garner significant attention from tech, consumer protection, and government stakeholders, oral argument on the consolidated appeals of the FCC’s Restoring Internet Freedom Order (“Order”) will take place...more

Kelley Drye & Warren LLP

FCC Streamlines Formal Complaint Procedures and Establishes Shot Clock for Decisions

In a move affecting nearly every type of dispute brought to the agency, the FCC adopted a Report and Order (“Order”) at its July meeting establishing a streamlined set of formal complaint rules. The new rules cover complaints...more

Wilson Sonsini Goodrich & Rosati

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

Kelley Drye & Warren LLP

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more

Hogan Lovells

Ninth Circuit decision reaffirms the FTC's jurisdiction in overseeing broadband markets

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On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more

Kelley Drye & Warren LLP

Support for FTC Jurisdiction Over Broadband:  Ninth Circuit En Banc Rules  Common Carrier Exemption is “Activity,” and not...

The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more

Latham & Watkins LLP

Restoring Internet Freedom: FCC Eliminates Common Carrier Regulation of Broadband Providers

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New FCC order scales back net neutrality mandates while seeking to ensure internet openness through updated transparency requirements and FTC oversight. Background - On January 4, 2018, the Federal Communications...more

Cooley LLP

Alert: FCC Reverses 2015 Open Internet Order

Cooley LLP on

On December 14, 2017, the FCC adopted a decision reversing nearly all of the significant elements of its 2015 Open Internet Order and the "network neutrality" rules from that order, retaining only the requirement that...more

Balch & Bingham LLP

FCC Passes the “Restoring Internet Freedom” Order, Repealing Net Neutrality Rules and Restoring FTC Jurisdiction Over Online...

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Today, the FCC voted to pass the Restoring Internet Freedom order, which repeals the 2015 “net neutrality” rules and reverts back to the “light regulatory” touch the FCC previously had in place regarding internet service...more

Kelley Drye & Warren LLP

What to Expect from the FCC’s Restoring Internet Freedom Order

Kelley Drye & Warren LLP on

This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any...more

Kelley Drye & Warren LLP

On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight...

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On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to...more

Balch & Bingham LLP

FTC and FCC Outline Memorandum of Understanding to Coordinate Online Consumer Protection Following Adoption of the FCC’s Restoring...

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Yesterday, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) announced their intent to coordinate which of the two agencies would coordinate online consumer protection efforts following the...more

Davis Wright Tremaine LLP

FCC Reverses Course, Shifts ISP Customer Privacy Back to FTC

The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...more

Davis Wright Tremaine LLP

FCC Releases Draft Internet Freedom Order

The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet...more

Fox Rothschild LLP

FCC Briefing: Two Things To Watch

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Here in the Hollywood bubble, it’s easy to get wrapped up in our own tales of heartbreak, victory and scandal and forget that events outside of LA can also impact the entertainment business. One of these is that the FCC is...more

Davis Wright Tremaine LLP

FCC Proposes To Overhaul Procedural Rules Applicable To Pole Attachment Complaints

On September 18, 2017, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) that would significantly change the procedural rules governing formal pole attachment complaint...more

Kelley Drye & Warren LLP

FCC Seeks to Create Uniformity in Formal Complaint Processes

This week, the Federal Communications Commission (“FCC” or “Commission”) released a Notice of Proposed Rulemaking (“NPRM”) to increase uniformity among several diverse sets of FCC complaint procedures. Today, there are three...more

Morgan Lewis

FCC Issues Order to Modernize Common Carrier Rules

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On September 8, 2017, the Federal Communications Commission (FCC) released an order to update and remove regulations that the FCC determined “no longer reflect current requirements or technology” from the Code of Federal...more

Perkins Coie

22 Million Comments Tell FCC Battle Over Net Neutrality Is Not Over

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Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more

Kelley Drye & Warren LLP

Court Rules in FTC’s Favor on “Common Carrier” Status in Cramming Case

On an issue that takes on new-found importance after FTC v. AT&T Mobility, a federal court in Montana granted summary judgment in favor of the Federal Trade Commission (FTC) in a case alleging that the defendants violated the...more

Perkins Coie

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

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As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

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