FCC, Federal Trade Commission (FTC), Common Carriers

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

Kelley Drye & Warren LLP on 3/12/2018

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

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

Hogan Lovells on 3/6/2018

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

Alert: Ninth Circuit Rescues FTC Authority Over Common Carriers’ Non-Carrier Services

Cooley LLP on 3/2/2018

The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more

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

Kelley Drye & Warren LLP on 3/1/2018

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

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

Kelley Drye & Warren LLP on 2/28/2018

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

Ninth Circuit Upholds FTC Authority Over Non-Carrier Activities of Common Carriers

Davis Wright Tremaine LLP on 2/27/2018

On February 26, 2018, a unanimous 11-judge en banc panel of the Ninth Circuit upheld the authority of the Federal Trade Commission (“FTC”) over the non “carrier” activities of a company with common carrier lines of business...more

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

Latham & Watkins LLP on 1/10/2018

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

Alert: FCC Reverses 2015 Open Internet Order

Cooley LLP on 12/18/2017

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

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

Balch & Bingham LLP on 12/15/2017

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

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

Kelley Drye & Warren LLP on 12/14/2017

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

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

Kelley Drye & Warren LLP on 12/14/2017

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

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

Balch & Bingham LLP on 12/13/2017

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

FCC Reverses Course, Shifts ISP Customer Privacy Back to FTC

Davis Wright Tremaine LLP on 12/5/2017

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

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

Perkins Coie on 9/13/2017

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

FCC Launches Proceeding to Rollback Net Neutrality

Perkins Coie on 5/19/2017

New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more

President Signs Law Overriding FCC Rules Regarding Online Privacy

Bass, Berry & Sims PLC on 4/8/2017

On April 3, 2017, the President signed into law a joint resolution that eliminates rules submitted by the Federal Communications Commission (FCC) that would have required Internet Service Providers (ISPs) to get approval from...more

Congress Overturns FCC’s Broadband Privacy Order [Updated]

Perkins Coie on 4/7/2017

New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017. The Federal Communications Commission is now prohibited from promulgating rules “substantially similar” to...more

Congress Overturns FCC’s Broadband Privacy Order

Perkins Coie on 3/30/2017

Following the U.S. Senate’s recent vote, the U.S. House of Representatives has now voted to overturn the FCC’s Broadband Privacy Order using the Congressional Review Act (CRA). Enacted in 1996, the CRA allows Congress to...more

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

Kelley Drye & Warren LLP on 3/22/2017

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

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

Perkins Coie on 3/3/2017

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

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

Patterson Belknap Webb & Tyler LLP on 2/2/2017

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

Citing an “Enforcement Gap,” FTC Seeks Rehearing En Banc of Dismissal of AT&T “Throttling” Case

Kelley Drye & Warren LLP on 10/20/2016

On October 13, 2016, the Federal Trade Commission (FTC) filed a petition in the U.S. Court of Appeals for the Ninth Circuit requesting a rehearing en banc of the court’s decision in the FTC’s case against AT&T alleging that...more

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

Sheppard Mullin Richter & Hampton LLP on 9/9/2016

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

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

Perkins Coie on 9/8/2016

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

Privacy Advocates and ISPs Spar over Targeted Ads

Proskauer on Privacy on 2/18/2016

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

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