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News & Analysis as of

CFPB: The Quarterly Review - July 2016

In This Issue: •The CFPB Speaks •Rulemaking •Debt Collection •Payday Lending •Mortgages •Upcoming in 2016 - In the second quarter of 2016, the CFPB continued its strong pace of activity, initiating two...more

A Closer Look at the CFPB’s Proposed Short-Term Lending Rule

As we previously reported in our June 3, 2016 client alert, the Consumer Financial Protection Bureau (“CFPB”) has issued a Notice of Proposed Rulemaking for short-term loans (“Proposed Rule”). In this follow-up alert, we take...more

Proposed Borrower Defense Rules May Significantly Impact Higher Education Institutions

The US Department of Education (ED) recently released a significant Notice of Proposed Rulemaking which could impact most institutions of higher education. In a nutshell, the proposed regulations are designed to provide...more

Comment Deadlines Set for FCC Rulemaking Seeking to Expedite the Team Telecom Application Review Process

As Kelley Drye reported in an earlier post, the Federal Communications Commission (FCC) is moving quickly on efforts to expedite review of certain FCC applications, including, but not limited to, Section 214 and submarine...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...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

WiGig? Why Not! FCC Sets Aside Significant Unlicensed Spectrum for Deployment and Support of 5G Wireless Services in Latest...

On Thursday, July 14, the FCC adopted its “Spectrum Frontiers” Order which allocates a substantial amount of high-frequency millimeter wave spectrum for both licensed and unlicensed use to support the deployment of the “next...more

Even Members of Congress Are Confused by the FCC’s Latest Ruling

I was contemplating a monthly column given the confusion surrounding the FCC’s recent rulings. I guess I better make it weekly. Here’s this week’s episode....more

Trademark Red Tape: Post-Registration Proof Pilot To Go Permanent

USPTO Red TapeRegular readers of the Trademark and Copyright Law Blog and our Trademark Red Tape™ column may recall our previous report on a pilot study by the United States Patent & Trademark Office (PTO) about...more

Do as We Say, Not as We Do: Government Agency (Deliciously) Exempts Itself—and the Rest of the Government—From the TCPA

Happy Independence Day! While you were off barbecuing and lighting fireworks this weekend the FCC’s staff was feverishly working to give Uncle Sam a birthday present—free reign to robocall your cell phone! That’s right,...more

US Commodity Futures Trading Commission Reopens Comment Period for Certain Elements of Regulation Automated Trading

The CFTC reopened the comment period for certain elements of its notice of the proposed rulemaking regarding Regulation Automated Trading (Regulation AT), initially proposed in December 2015. The extension comes after a...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

Proposed FCC Rules for Team Telecom Review of Applications with Foreign Ownership, Shorten Timeframes, Add Burdens

The FCC recently adopted a Notice of Proposed Rulemaking (“NPRM”) proposing reforms to the Executive Branch “Team Telecom” review process for certain FCC applications and petitions involving foreign ownership. The NPRM seeks...more

FCC Proposes Streamlining Foreign-Ownership Review Process

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy. ...more

FCC Proposes Rules to Expedite Initial Stages of the Team Telecom Application Review Process

The Federal Communications Commission (“Commission” or “FCC”) is looking to jump start the initial steps of the Executive Branch process of reviewing certain applications, including Section 214 and submarine cable-related...more

US Financial Crimes Enforcement Network Identifies the Democratic People’s Republic of Korea as a Jurisdiction of Primary Money...

The US Financial Crimes Enforcement Network, pursuant to authority contained in the USA PATRIOT ACT, found “reasonable grounds” to conclude that the Democratic People’s Republic of Korea is a jurisdiction of primary money...more

Like San Bruno, Aliso Canyon Prompts Enhanced Pipeline Safety Act with Few Meaningful Deadlines

On June 22, President Obama signed into law a new pipeline safety bill — the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016,” known as the PIPES Act of 2016. The law reauthorizes and funds the...more

FCC Imposes Mandatory Network Outage Reporting Requirements on Submarine Cable Licenses

The Federal Communications Commission (Commission) today adopted mandatory network outage reporting requirements for submarine cable licensees less than a year after proposing to do so. This mandatory reporting reflects a...more

Alert: ED Issues Sweeping Proposed Rules on Borrower Defense

Almost four months after the marathon negotiated rulemaking ended in March without consensus, the US Department of Education (ED) has released a massive Notice of Proposed Rulemaking describing how it plans to refocus the...more

FERC to Strengthen Protections for Infrastructure Information

Implementing new statutory authority, FERC proposes revised regulations to secure and share Critical Electric Infrastructure Information and penalize its unauthorized disclosure....more

FAA to Release Final Rule for Commercial Small Unmanned Aerial Systems (UAS) Operations; More Work Will Remain

Key Points - - The FAA will soon release a final rule governing commercial small UAS operations (“Final Rule”) that will represent a major step forward for both innovation and aviation. - While the rule is...more

CFTC Proposes to Expand Mandatory Clearing to Include Additional Classes of Interest Rate Swaps

On June 9, the Commodity Futures Trading Commission (CFTC) released a notice of proposed rulemaking regarding an expansion of CFTC Regulation 50.4(a). If adopted, additional classes of interest rate swaps will become subject...more

FERC proposes FAST Act CEII rules

The Federal Energy Regulatory Commission has proposed amending its regulations designed to protect critical information about utility infrastructure. If adopted, the new regulations would govern the treatment of Critical...more

CFPB Is Urged to Change How Title Insurance Premiums Are Disclosed Under the TRID Rule

While lenders continue to struggle with various aspects of the TILA-RESPA Integrated Disclosure Rule (“TRID Rule”) that became effective last year, one of the more troublesome issues has been the disclosure of title insurance...more

TSCA: What Effect Will the TSCA Amendments Have on Proposed and Future Rulemakings?

On June 7, 2016, the Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) by voice vote and sent it to President Obama for signature. As reported in our May 26, 2016, memorandum, "An...more

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