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Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension

Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including national security approvals. In a recent Delaware Chancery Court decision, these...more

ALERT: Delete, Delete, Delete—FCC Calls for Comment on Which Rules Should be Eliminated

On March 12th, 2025, the Federal Communications Commission (“FCC”) issued a Public Notice (“Notice”) seeking comment on which FCC rules should be repealed or modified to alleviate “unnecessary regulatory burdens” and enhance...more

America First Investment Policy: U.S. Foreign Investment Policy Evolves under Trump 2.0

Last week, the White House issued a National Security Presidential Memorandum (“NSPM”) intended to address current national security threats while preserving an open environment for international investment....more

ALERT: FCC Sets December 31, 2024 Deadline for Providers to Address Robocall Mitigation Database Deficiencies

On December 10, 2024, the FCC’s Enforcement Bureau (“Bureau”) released an order (“Order”) determining that nearly 2,500 providers across the calling chain had submitted deficient submissions to the Commission’s Robocall...more

FCC Cracks Down: Are You Ready for the Robocall Mitigation Compliance Blitz?

As automated “robocalls” continue to plague consumers, the Federal Communications Commission (“FCC”) is intensifying enforcement of robocall mitigation compliance....more

FCC Proposes New Rules Governing AI-Generated Robocalls

On August 8, 2024, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) to address the growing use of AI-generated robocalls. The FCC’s NPRM follows a 2023 inquiry proceeding into how...more

ALERT: Team Telecom Streamlining Procedures Take Effect

In October 2020 and 2021, the FCC adopted a pair of Orders to streamline the processing of applications involving “reportable” foreign ownership that are referred to the Committee for the Assessment of Foreign Participation...more

Burners and Backdoors: The FCC’s $16 Million Settlement with TracFone for Breaches of Customer-Facing APIs

Last week, the FCC’s Enforcement Bureau (“Enforcement Bureau”) entered into a consent decree (“Consent Decree”) with prepaid calling provider TracFone Wireless (“TracFone”), addressing TracFone’s failure to adequately...more

Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions

As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions....more

Data Security Is National Security: Inside the FCC Enforcement Bureau’s Latest Crackdown

As the FCC continues to exercise close oversight of the use of Customer Proprietary Network Information (“CPNI”), telecom stakeholders should also be sensitive to potential data security obligations under any relevant...more

Space Bureau Regulatory Fees Skyrocket in FY 2024

The Federal Communications Commission (“Commission”) has released a series of items pertaining to its annual regulatory fee assessment and collection process, including: (1) the 2024 Regulatory Fee Notice of Proposed...more

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...more

FCC Seeks to Strengthen Oversight of the Equipment Authorization Program in the Latest Effort to Safeguard Wireless Supply Chains...

The FCC – in the latest iteration of its expanding role as a regulator in the national security space – recently adopted a Notice of Proposed Rulemaking (“NPRM”) proposing to fortify the security of the wireless supply chain...more

Dialing Up Accountability: FCC’s Warning Shot to Mobile Network Operators on CPNI

Key Takeaways: The Federal Communications Commission (“FCC”) sent a loud message to the telecommunications industry: the era of lax CPNI compliance is over. - Mobile network operators (MNOs), mobile virtual network...more

With Net Neutrality Order, FCC Grants Broadband-Only ISPs New Pole Attachment Protections

The Federal Communications Commission (FCC) voted on April 25, 2024 to reinstate its net neutrality rules by reclassifying broadband internet access service (BIAS) as a “telecommunications service” under Title II of the...more

Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess...more

Enforcement Advisory: The FCC’s Enforcement Bureau Continues to Closely Review Provider Compliance with Affordable Connective...

As the battle for the future of the Affordable Connectivity Program (ACP) continues on Capitol Hill, and the FCC prepares for the looming shutdown of the program, providers should be aware that the FCC’s Enforcement Bureau...more

ALERT: FCC Seeks to Eliminate Digital Discrimination

On November 20, 2023, the Federal Communications Commission (“Commission”) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) adopting final rules to facilitate equal access to broadband and...more

FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion

On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that...more

FCC To Vote on New Pole Attachments Rules to Promote Broadband Expansion

After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and...more

The Biden-Harris Administration Releases National Spectrum Strategy

On November 13, 2023, the Biden-Harris Administration issued a National Spectrum Strategy (the Strategy) and Presidential Memorandum on the modernization of U.S. spectrum policy. The Strategy, developed by the National...more

Shutting Down the Cell Phone Scammers: The FCC Adopts Rules to Crack Down on Fraudulent Practices against Wireless Phone Users

On November 16, 2023, the Federal Communications Commission (“FCC”) released a Report & Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”), adopting measures to address two techniques bad actors frequently...more

ALERT: FCC Opens Rulemaking on Use of Unmanned Aircraft Systems in Licensed Spectrum

On January 4, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) setting forth proposed rules for the operation of unmanned aircraft systems in the 5030-5091 MHz band...more

ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau

On November 3, 2022, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the International Bureau into a new Space Bureau and a standalone Office of International Affairs....more

11/4/2022  /  FCC , Satellites , Telecommunications

First-Ever Executive Order on CFIUS Highlights Biden’s National Security Priorities

On September 15, President Biden signed the first-ever Executive Order (E.O.) on CFIUS – the Committee on Foreign Investment in the United States. While the E.O. does not substantively change CFIUS’s jurisdiction or the legal...more

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