Open Internet Rules

News & Analysis as of

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

FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the...more

In First Open Internet Enforcement Action, FCC Proposes $100 Million NAL Against AT&T Mobile for Transparency Rule Violations

On June 17, 2015, the Federal Communications Commission (FCC or Commission) issued a Notice of Apparent Liability against AT&T Mobile, Inc. (AT&T) alleging that AT&T’s failure to adequately and accurately disclose its...more

FCC Appoints Open Internet Ombudsperson

The FCC created the position of Open Internet Ombudsperson to assist consumers, businesses, and organizations with open Internet complaints and questions and to ensure that those parties have effective access to Commission...more

Open Internet Rules Become Effective Today, June 12

On June 12, 2015, the Open Internet Order's (Order) three bright line rules and the new “general conduct” standard will become effective. The reclassification of broadband Internet access service (BIAS) as a...more

D.C. Circuit Denies Stay, Open Internet Rules Become Effective June 12

On June 11, 2015, the D.C. Circuit rejected U.S. Telecom’s request for stay which would have put the Open Internet rules on hold until the court issued a decision on their legality. However, the court agreed to expedite its...more

Open Internet Rules Become Effective June 12: Impact on Pole Attachments

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a...more

FCC Warns Broadband Internet Service Providers Of Coming Expanded Title II Privacy Regulation

On May 20, 2015, the Federal Communications Commission (“FCC”) released an Enforcement Advisory notifying providers that the agency’s recent Open Internet Order “applies the core customer privacy protections of Section 222 of...more

May Trade Legislation Tracker

Global Free Internet Act of 2015 Sponsor: Lofgren (D-Calif.) A bill to combat trade barriers that threaten the maintenance of an open Internet, that mandate unique technology standards as a condition of market...more

Patent Infringement in the Digital Age: How a Dispute About Tooth Aligners Led to a Fight About the ITC’s Jurisdiction over...

The International Trade Commission (“ITC”) is an “independent nonpartisan agency that investigates and reports to the President and Congress on matters concerning import trade, tariffs and trade agreements.” Shewmaker v....more

FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

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