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Preemption The United States Federal Communications Commission

Davis Wright Tremaine LLP

FCC’s Net Neutrality Redux: Safeguarding and Securing the Open Internet

On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more

Perkins Coie

Net Neutrality Is Back, for Now

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With the recent circulation of the Federal Communications Commission’s (FCC) draft version of its highly anticipated net neutrality order, Promoting a Fast, Open, and Fair Internet (the 2024 Order), Chairwoman Jessica...more

Jones Day

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

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In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

Venable LLP

Ninth Circuit Upholds California Net Neutrality Law

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Last Friday, the Ninth Circuit upheld California’s 2018 net neutrality law in the face of arguments that the law was preempted by FCC action. The court held that the FCC can’t preempt states since it gave up its own...more

Cooley LLP

Alert: FCC Waves Rules Temporarily to Encourage Broadcasters to Air Local Community Events, Religious Services

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On April 9, the Federal Communications Commission released a public notice announcing a limited, temporary waiver through April 30, 2020, of its rules regarding the preemption of children’s television programming under...more

Perkins Coie

D.C. Circuit Vacates FCC’s Federal Preemption of State Net Neutrality Regulations as It Upholds Repeal of FCC Rules

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The U.S. Court of Appeals for the District of Columbia Circuit added a new chapter in the ongoing saga over how and whether to regulate providers of broadband internet access service when, on October 1, 2019, it largely...more

Brownstein Hyatt Farber Schreck

D.C. Circuit Grudgingly Upholds FCC’s Internet Freedom Order

In the latest twist in the net neutrality saga, the United States Court of Appeals for the District of Columbia upheld the Federal Communications Commission’s (“FCC” or “Commission”) 2017 decision to once again classify...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Upholds “Light Touch” Federal Regulation of Broadband ISPs, but Opens the Door to Differing State-Level Laws

On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more

Faegre Drinker Biddle & Reath LLP

The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet...more

Jones Day

D.C. Circuit Vacates FCC Order Preempting State Net Neutrality Regulation and Remands - Court's ruling opens the door to...

Jones Day on

In the latest development in the Federal Communications Commission's ("FCC") decade-long approach to net neutrality, the U.S. Court of Appeals for the D.C. Circuit vacated the FCC's 2018 order preempting state net neutrality...more

Brownstein Hyatt Farber Schreck

FCC Considers Restrictions on Arrangements Between Building Owners and Broadband Providers

The Federal Communications Commission (“FCC”) has launched a review of arrangements between building owners and communications companies that govern the provision of communication services to building tenants. The purpose of...more

Best Best & Krieger LLP

Ordinance Regulating Aesthetics of Wireless in Public Rights of Way OK’d by California Supreme Court - Decision in T-Mobile West...

Yesterday marked a win for local government in the fight against preemption over local control of their streets. The California Supreme Court issued a decision in the T-Mobile West LLC v. City and County of San Francisco...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order

On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more

Kelley Drye & Warren LLP

Finally Naming the Duck? Eighth Circuit Decides VoIP is an Information Service, Preempts Minnesota Regulation

After more than twenty years, VoIP’s unclassified status may be coming to an end. Last month, the Eighth Circuit Court of Appeals issued a decision in Charter Advanced Services LLC v. Lange in which it considered whether an...more

Womble Bond Dickinson

DOJ Sues California Hours After Governor Signs the Nation’s Toughest Net Neutrality Rules into Law

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As we previously reported, the California legislature approved one of the nation’s toughest net neutrality laws – California Internet Consumer Protection and Net Neutrality Act of 2018, also known as SB 822.  This past...more

Sheppard Mullin Richter & Hampton LLP

Back To The Future: FCC Returns To Light Touch Regulation Of The Internet

This week, the Federal Communications Commission’s (“FCC’s”) Restoring Internet Freedom Order took effect, rolling back the public-utility style regulation of Internet service providers (“ISPs”) pursuant to title II of the...more

Davis Wright Tremaine LLP

Sixth Circuit Vacates FCC Cable Franchise Rules on Mixed-Use Networks and Treatment of In-Kind Payments, Remands for Further FCC...

On July 12, 2017, the U.S. Court of Appeals for the Sixth Circuit vacated two parts of the Federal Communications Commission’s decisions that had limited the ability of local franchising authorities (LFAs) to regulate...more

Davis Wright Tremaine LLP

The Need for Speed: FCC Circulates Proposal to Accelerate Broadband Deployment

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment designed to facilitate and accelerate the deployment of next generation broadband networks....more

Davis Wright Tremaine LLP

Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

Kelley Drye & Warren LLP

FCC Releases Broadband Privacy Order with Major Implications for All Telecommunications Carriers

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On October 27, 2016, the Federal Communications Commission (FCC or Commission) in a party-line (3-2) vote adopted a Report and Order (the Broadband Privacy Order or Order) that imposes a comprehensive set of privacy and data...more

Womble Bond Dickinson

Sixth Circuit Says FCC Can't Preempt State Limits on Muncipal Broadband

Womble Bond Dickinson on

In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which prevented municipal broadband providers from expanding their networks beyond...more

Pillsbury - Gravel2Gavel Construction & Real...

6th Circuit: Fed Agency Had No Authority to Preempt State-Law Limitations on States’ Activities

The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

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The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Davis Wright Tremaine LLP

6th Circuit Reverses FCC’s Preemption of State Law

Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North Carolina that limited the...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Rejects FCC’s Effort To Preempt State Regulation Of Municipal Broadband Providers

The FCC’s February 2015 meeting yielded two significant and controversial orders premised on the agency’s authority under Section 706 of the Communications Act: its much-publicized Open Internet Order, and its less-publicized...more

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