Earlier this month, the FCC adopted a Report & Order (“R&O”) streamlining the application review process for transactions involving foreign investment or participation in U.S. telecommunications companies (commonly known as...more
On August 6, 2020, Trump issued two separate executive orders that will severely restrict TikTok and WeChat’s business in the United States. For weeks, the media has reported on Trump’s desire to “ban” TikTok with speculation...more
8/10/2020
/ Blackmail ,
CFIUS ,
China ,
Data Collection ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
FIRRMA ,
Geolocation ,
International Emergency Economic Powers Act (IEEPA) ,
Personal Information ,
Popular ,
Secretary of Commerce ,
Social Media ,
TikTok ,
Trump Administration
As a follow up, to our post from Thursday, April 9, 2020, today, the FCC announced that it will begin accepting applications for its $200 million COVID-19 Telehealth Program (“Program”). Health care providers can submit...more
On April 4th, 2020, President Trump issued an Executive Order on Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. The Executive Order essentially...more
On April 2, 2020, the FCC announced plans for a $200 million COVID-19 Telehealth Program (the “Program”) to support health care providers responding to the pandemic. (FCC 20-44). The Program will use funds allocated by the...more
This conversation is out of this world! We’re exploring the laws and regulations surrounding satellites and the space telecommunications industry. Our guest, Brian Weimer, joins Michael Cohen to share his insight on the...more
What is CFIUS? The Committee on Foreign Investment in the United States, or CFIUS, is an interagency committee chaired by the Secretary of the Treasury which is authorized to review and approve transactions involving foreign...more
9/26/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
FIRRMA ,
Foreign Investment ,
Global Dealmaking ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
Real Estate Transactions ,
U.S. Treasury
Key Takeaways:
• Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”).
• Critical technologies is...more
9/23/2019
/ CFIUS ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Defense Production Act ,
Exon-Florio ,
Export Control Reform Act (ECRA) ,
FIRRMA ,
Foreign Investment ,
Interstate Commerce ,
National Security ,
Proposed Regulation ,
Proposed Rules ,
Real Estate Transactions
• On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is...more
On Sept. 4, 2018, the Federal Communications Commission issued a new rule requiring foreign media outlets to submit reports to the FCC disclosing their relationships with foreign principals. The notice was issued pursuant to...more
On September 4, 2018, the Federal Communications Commission issued a new rule requiring foreign media outlets to submit reports to the FCC disclosing their relationships with foreign principals. The notice was issued pursuant...more
9/21/2018
/ Broadcasting ,
Cable Television Providers ,
FCC ,
Foreign Agents ,
Foreign Governments ,
Media ,
Media Relations ,
NDAA ,
New Rules ,
Reporting Requirements ,
Telecommunications ,
Television Broadcast Stations ,
Video
On June 25, 2018, the Department of Commerce (“Commerce”) released an advance notice of rulemaking through the National Oceanic and Atmospheric Administration (“NOAA”). As an initial step before Commerce drafts proposed...more
On March 16, 2018, the United States Court of Appeals for the District of Columbia Circuit issued its long awaited decision in ACA International v. FCC, in which a group of petitioners across a spectrum of industries sought...more
6/4/2018
/ Arbitrary and Capricious ,
ATDS ,
Auto-Dialed Calls ,
Comment Period ,
Debt Collection ,
FCC ,
Opt-Outs ,
Proposed Rules ,
Public Comment ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA ,
Telemarketing
As yet another example of the U.S. government’s ongoing concerns about the potential vulnerability of U.S. telecommunications networks and supply chains, the FCC recently released a Notice of Proposed Rulemaking (NPRM)...more
• CFIUS takes an unprecedented step to fend off a potential foreign acquisition
• The threat that China will eclipse the U.S. in telecommunications infrastructure and technology is central to U.S. national security
•...more
3/9/2018
/ 5G Network ,
Advisory Opinions ,
Board of Directors ,
Broadcom ,
CFIUS ,
China ,
Corporate Counsel ,
Cross-Border Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Mergers ,
National Security ,
Qualcomm ,
Smartphones ,
Stockholders' Meetings ,
Takeover Bids ,
Technology Sector ,
Telecommunications ,
US Trade Policies
Last week, the FCC released a Notice of Proposed Rulemaking (NPRM) proposing guidelines and procedures designed to “breathe life” into Section 7 of the Communications Act. A somewhat obscure part – or, as Chairman Ajit Pai...more
3/1/2018
/ Applications ,
Comment Period ,
Communications Act of 1934 ,
FCC ,
Federal Register ,
Innovation ,
NPRM ,
Proposed Rules ,
Public Comment ,
Public Interest ,
Section 7 ,
Technology Sector
Last month, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress for 2015 (the “2015 Annual Report”) and its cumulative table summarizing foreign investment activity from...more
10/16/2017
/ Annual Reports ,
CFIUS ,
Corporate Counsel ,
Cross-Border Transactions ,
Data Breach ,
Foreign Acquisitions ,
Foreign Investment ,
Government Investigations ,
National Security ,
National Security Review Proceedings ,
Regulatory Oversight
Under new Chairman Ajit Pai’s leadership, the Federal Communications Commission (the “Commission”) is taking its first steps toward reforming its rules interpreting the Telephone Consumer Protection Act (“TCPA”). On...more
5/22/2017
/ Auto-Dialed Calls ,
Call Blocking ,
FCC ,
NPRM ,
Robocalling ,
Spoofing ,
TCPA ,
Telecommunications ,
Telemarketing ,
VoIP ,
Wireless Industry
On September 30, 2016, the FCC adopted an order designed to liberalize and streamline the foreign ownership review process for broadcast licensees (the “Broadcast Liberalization Order”). Section 310(b) of the Communications...more
10/11/2016
/ Broadcast Liberalization Order ,
Broadcasting ,
CFIUS ,
Citizenship ,
Communications Act 2003 ,
Declaratory Rulings ,
FCC ,
Foreign Investment ,
Foreign Ownership ,
Licensing Rules ,
Publicly-Traded Companies ,
Shareholders
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
Historic changes in relations between the United States and Cuba (that touch nerves in Hip-Hop and on Capitol Hill) and new U.S. sanctions against Venezuela may provide increased opportunities for U.S. business generally, and...more
The FCC recently slid up its chair to the fiscal feast that is cyber security and data breach regulation and took a hefty piece of the pie. In late October the FCC announced that it charged a record $10 million fine against...more
12/4/2014
In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the...more
In a highly-anticipated decision, the Supreme Court last week released its decision in ABC v. Aereo, holding that the transmission of over-the-air broadcast signals by Aereo’s tiny antennas constitutes a “public performance”...more
Following the D.C. Circuit’s decision in Verizon v. FCC, which struck down several key elements of the Federal Communication Commission’s 2010 Open Internet Order, the Commission yesterday released a Notice of Proposed...more