Open Internet Rules

News & Analysis as of

The WSGR Data Advisor - February 2016

With a new year come exciting new developments in the world of privacy and data protection. We are thrilled to announce the launch of the digital version of The WSGR Data Advisor. Please visit our site for the latest news and...more

Annual FCC CPNI Certification Due by March 1, 2016; Upcoming Open Internet Rules Will Soon Expand CPNI-Type Obligations to...

This is to remind our clients that the Federal Communications Commission’s (FCC) rules require every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and...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

FCC Spares Smaller Broadband Providers from Compliance with Enhanced Transparency Rule of Open Internet Order for Another Year

On December 15, 2015, the FCC Consumer Governmental Affairs Bureau (“CGB”) released an Order extending the temporary small business exemption from enhancements to the modified transparency rule established under the 2015 Open...more

FCC Extends Exemption from Enhanced Disclosure Rules for Small Providers

On Wednesday, the FCC’s Consumer and Governmental Affairs Bureau extended the ongoing exemption from applying the enhanced transparency requirements of the 2015 Open Internet Order to small providers. As a result, small...more

Alert: FCC Extends Exemption for Open Internet Transparency Rules for Small ISPs

In an order released late on December 15, the FCC extended the temporary exemption for smaller Internet service providers ("ISPs") from the "enhanced transparency" provisions of its March 2015 Open Internet Order through...more

FCC Bureau Extends Open Internet Order’s Small Provider Exemption Until December 2016; Table Set for Full Commission Review in...

On December 15, 2015, the Federal Communications Commission’s (FCC’s) Consumer and Governmental Affairs Bureau (CGB or the Bureau) issued a Report and Order extending the temporary exemption for smaller broadband Internet...more

Equal online access for all? Net neutrality enshrined in the EU

The European Parliament recently adopted a new regulation on mobile roaming and the open internet (the Regulation) which comes into effect on 30 April 2016. The Regulation brings into effect two important changes. Firstly,...more

Five Things to Know About Net Neutrality

Last week, the Federal Communications Commission (FCC) defended its most recent iteration of net neutrality regulations against a challenge by the telecom, cable, and wireless industry and trade associations. Two prior...more

States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit

On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core billed AT&T for...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

FCC’s Consumer Advisory Committee Recommends Open Internet Consumer Disclosures

On November 3, 2015, the Federal Communications Commission’s (FCC’s or Commission’s) Consumer Advisory Committee (CAC) issued consumer disclosure recommendations that–subject to bureau-level review and approval–will enable...more

FCC Appears to Decline Action on Edge Provider’s Informal Complaint

The FCC has apparently declined to take further action on an informal complaint filed earlier this year by a self-identified Edge Provider, although it is unclear that the FCC’s action related to the merits of the complaint....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

FCC Seeks Input on Open Internet Transparency Exemption

Smaller broadband providers now have an opportunity to convince the FCC to maintain the small provider exemption from the new “enhanced” transparency (disclosure) requirements of the 2015 Open Internet Order. As we explained...more

FCC Proposes Record $100 Million Penalty for Alleged Violations of Open Internet Transparency Rule

If you work for a broadband service provider and haven’t recently reviewed your FCC-mandated network management “transparency” disclosures posted on your website, we suggest you make that the next thing you do after reading...more

Edge Provider Files First Interconnection Complaint

What appears to be the first complaint by an edge provider regarding interconnection has been submitted to the FCC. In the complaint, dated June 22, 2015, Commercial Network Services (CNS) identifies itself as an edge...more

Open Internet Advisory Opinions: Do You Feel Lucky?

As part of the 2015 Open Internet Order (“Order”), the FCC adopted rules enabling regulated entities to seek advisory opinions from the Enforcement Bureau regarding the application of the Open Internet rules to proposed...more

FCC Seeks Comment on Small Business Exemption From Open Internet Enhanced Transparency Requirements

The FCC’s Consumer and Governmental Affairs Bureau is seeking comment on the “Small Business Exemption from the enhanced transparency requirements adopted in the 2015 Open Internet Order. The exemption is currently in effect...more

Comment Dates Announced for Small Business Exemption to the Enhanced Transparency Rule

On July 6, 2015, a summary of the Federal Communications Commission’s (FCC) Small Business Exemption to the Open Internet Order’s Enhanced Transparency Rule was published in the Federal Register....more

As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority...

The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to...more

FCC Open Internet Advisory Procedures - Possibilities and Potential Pitfalls

As we head into this long holiday weekend, the FCC gives us something to think about. To seek guidance or not to seek guidance, that is the question. Today, the FCC released its Open Internet Advisory Opinion Procedures....more

FCC Fines AT&T $100,000,000 for Violation of Transparency Rule

In a recent enforcement action, the FCC fined AT&T $100,000,000 for violations of the Open Internet Transparency Rule (“Transparency Rule”). The Notice of Apparent Liability (“NAL”) for Forfeiture and Order stated that AT&T...more

Consumer and Governmental Affairs Bureau Seeks Comment on the Open Internet Order’s Small Business Exemption

On June 22, 2015, the Federal Communications Commission’s (Commission) Consumer and Governmental Affairs Bureau (CGB) sought comments on the temporary small business exemption to the 2015 Open Internet Order’s Enhanced...more

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