News & Analysis as of

The United States Federal Communications Commission

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -

Louisville’s “One-Touch” Make-Ready Ordinance Upheld

by Davis Wright Tremaine LLP on

In the first decision to consider the legality of a “one touch” make-ready ordinance, a federal district court in Kentucky upheld a City of Louisville law authorizing new attachers to utility poles to rearrange the pole...more

Reminder: FCC Filings Due September 2017

by Kelley Drye & Warren LLP on

Form 477: Local Competition and Broadband Report - The Local Competition and Broadband Report, containing data as of June 30, 2017, must be filed by September 1, 2017. The report requires the submission of information...more

August 2017 FCC Meeting Recap: FCC Proposes Changes to Broadband Data Collection

by Kelley Drye & Warren LLP on

At its August Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) voted unanimously in favor of a Further Notice of Proposed Rulemaking (“FNPRM”) that explores ways to improve the value of data,...more

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

by Bryan Cave on

The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

Desire for More Granular Deployment and Subscription Data Drives FCC to Propose Changes to Providers’ Form 477 Reporting...

by Davis Wright Tremaine LLP on

Explaining that you “can’t manage what you can’t measure,” Federal Communications Commission (“Commission”) Chairman Pai’s recent proposal to revise the Commission’s Form 477 broadband and voice data collection requirements...more

August 2017 FCC Meeting Recap: FCC Commences Major Study of Spectrum Management Issues Involving “Mid-Band” Frequencies

by Kelley Drye & Warren LLP on

At its August Open Meeting, the Federal Communications Commission (“Commission” or “FCC”) unanimously initiated a major inquiry proceeding into what it labels “mid-band spectrum,” namely the frequencies between 3.7 GHz and 24...more

TCPA Tracker - August 2017

by Kelley Drye & Warren LLP on

Recent News - FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls - On July 26, 2017, the FCC released the text of the Forfeiture Order adopted at the Commission’s July 2017...more

August 2017 FCC Meeting Recap: Commission Sets Reverse Auction Procedures for CAF Phase II Auction

by Kelley Drye & Warren LLP on

At its August Open Meeting, the Federal Communications Commission (FCC) approved a Public Notice (“Notice”) that addresses the procedures for its upcoming Connect America Fund (“CAF”) Phase II auction (“Auction” or “Auction...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip...more

August 2017 FCC Meeting Recap: FCC Rings Up Another Spoofing Robocaller, Proposing Over $82 Million in Fines

by Kelley Drye & Warren LLP on

As part of its August 2017 Open Meeting, the Federal Communications Commission (“FCC”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) proposing over $82 million in fines against Philip Roesel and the insurance...more

August 2017 FCC Meeting Recap: FCC Adopts Challenge Process for Billions in Mobility Fund Phase II Support

by Kelley Drye & Warren LLP on

At its August 2017 Open Meeting, the Federal Communications Commission (“FCC”) unanimously adopted an Order on Reconsideration and Second Report and Order (“Order”) outlining a process to challenge the FCC’s determinations of...more

E-Alert: ITSPs and CMRS Providers Can Now Review and Revise Annual Regulatory Fee Information; September Payment Deadline Not Yet...

by Kelley Drye & Warren LLP on

Most Federal Communications Commission (FCC or Commission) licensees and other regulated entities must pay regulatory fees annually to offset costs associated with the FCC’s enforcement, public service, international, policy,...more

Update on FCC Privacy Rules

We previously reported on the FCC’s 2016 Privacy Order, “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” impacting Internet service providers’ data privacy practices and obligations and...more

TCPA Survives Strict Scrutiny—Again. Here’s Why It Shouldn’t

by Dorsey & Whitney LLP on

Strict scrutiny just isn’t what it used to be. For the third time, a district court has applied strict scrutiny in analyzing the Telephone Consumer Protection Act (“TCPA”) and found that the statute restricts no more speech...more

Attention Repacked TV Broadcasters: First Priority Filing Window Opens August 9th

On July 31, 2017, the FCC released a Public Notice announcing the dates of the first priority filing window for broadcast stations reassigned to new channels as a result of the Incentive Auction. For eligible TV stations, the...more

Ready the Fatted “CAF”: FCC Takes Further Steps to Finalize $1.9 Billion Connect America Fund (CAF) Phase II Reverse Auction

As we anticipated in a recent advisory, earlier today the FCC formally adopted further plans to implement its pre-auction procedures for the Connect America Fund Phase II auction (the “CAF Phase II Auction”). The agency is...more

Enforcement Action in Focus: FCC Imposes Potential Liability of Technology Platforms for Involvement in Unlawful Robocalls

by Kelley Drye & Warren LLP on

On July 26, 2017, the Federal Communications Commission (FCC or Commission) released the text of the Forfeiture Order adopted at the Commission’s July 2017 open meeting against Dialing Services, LLC for enabling unauthorized...more

Eighth Circuit Affirms FCC’s 2015 Order Equalizing Cable and Telecom Pole Attachment Rates

On Monday, July 31, 2017, the U.S. Court of Appeals for the Eighth Circuit, in a unanimous opinion, affirmed the FCC’s November 2015 Order on Reconsideration closing the “telecom formula loophole” to ensure that pole...more

FCC Actions Affecting Building Owners

Owners and managers of multi-tenant environments (“MTEs”), such as apartment buildings, filed initial comments in the Federal Communications Commission’s (FCC’s) proceeding to reexamine various types of arrangements between...more

Deadlines Approaching for September Nationwide EAS Test

On July 24, 2017, the FCC released a Public Notice announcing a nationwide Emergency Alert System (“EAS”) test on September 27, 2017, and reminded EAS Participants, which includes all cable television systems, TV stations,...more

What to Expect at the FCC’s August 2017 Open Meeting

by Kelley Drye & Warren LLP on

Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s or Commission’s) upcoming monthly Open Meeting, to be held on August 3, 2017. Consistent with the trend since he...more

FCC Proposes Rules to Fight Fraudulent Robocalling

by Perkins Coie on

Unsolicited robocalls are the top consumer complaint made to the Federal Communications Commission, which receives over 200,000 complaints a year. An estimated 2.5 billion robocalls are being made to consumers each month,...more

Sixth Circuit Overturns FCC Cable Order - Partner Joseph Van Eaton Represented a Coalition of Communities

by Best Best & Krieger LLP on

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed by the U.S. Sixth Circuit Court of Appeals. The case is Montgomery County v. FCC, which had its genesis in an FCC...more

FCC Extends TCPA Liability to Technology Platform Provider

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Forfeiture Order (“Order”) imposing a nearly $2.9 million penalty against Dialing Services, LLC (“Dialing Services”) for making prerecorded voice calls to wireless...more

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