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En Banc Decision: 5th Circuit Finds USF Funding Mechanism Unconstitutional - Update

The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal Communications Commission...more

5th Circuit Finds USF Funding Mechanism Unconstitutional in En Banc Decision

On September 9, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced at an event in Washington, D.C. that the agency will be seeking Supreme Court review of a recent decision finding aspects...more

FCC Votes to Adopt Order Reinstating Net Neutrality Rules

Key Points - On Thursday, April 25, the FCC voted 3–2 to reinstate the Commission’s net neutrality framework by reclassifying broadband Internet access service as a Telecommunications Service, which is regulated under Title...more

FCC Seeks Comment on Assigning Available Spectrum to the Public

Key Points - The FCC is seeking public comment on methods to enable access to currently unassigned spectrum in their auction inventory that can be used for wireless radio service. The Commission took this step because...more

FCC Ruling on AI-Generated Robocalls Reflects Focus on Artificial Intelligence

The FCC released a declaratory ruling on February 8, taking action to make AI-generated robocalls illegal. The declaratory ruling follows the attempted disruption of the New Hampshire Democratic presidential primary by...more

Hot Issues in 2024 for TMT Companies

2024 is shaping up to be a busy year in Washington for telecom, media and technology (TMT) companies. A number of notable topics will require public comment this year, including net neutrality, digital discrimination, data...more

Update: FCC Adopts Digital Discrimination Rules in Party-Line Vote

Key Points - On November 15, 2023, the FCC adopted rules aimed at preventing discrimination in access to broadband services. The FCC vote satisfies the Commission’s obligation under the IIJA, which requires the FCC to...more

Biden Administration Releases its National Spectrum Strategy

Key Points - On November 13, the Biden administration released its National Spectrum Strategy through a Presidential Memorandum. The Spectrum Strategy, seeking to modernize spectrum policy and coordination and identify...more

FCC to Vote on Digital Discrimination Rules

On November 15, 2023—the statutory deadline—the Federal Communications Commission (FCC) will vote on rules to prevent so-called “digital discrimination,” i.e., discrimination in access to broadband services. The proposed...more

FCC Moves to Revive Net Neutrality Rules, Setting Up Another Lengthy Regulatory Battle

Key Points - In a 3-2 vote, the FCC moved to advance a proposal that would restore so-called "net neutrality" rules and allow the agency to regulate broadband internet access service as a utility. The vote marks the start...more

Fifth Circuit Rehearing USF Contributions Challenge En Banc

The legal battles over the constitutionality of Universal Service Fund (USF) contributions continue as the U.S. Court of Appeals for the Fifth Circuit has granted a request for the full court to re-hear a challenge to the...more

FCC Releases Draft Nationwide Broadband Map

Key Points - This morning, the FCC released a pre-production draft of the new nationwide broadband map, which will drive allocation of $42 billion in BEAD grants next summer. Interested parties have until January 13, 2023 to...more

BEAD Grant and Map Timing Announced

Congress passed the Broadband DATA Act in 2020, directing the Federal Communications Commission (FCC) to collect more granular data regarding broadband service availability in order to create a publicly accessible, nationwide...more

NTIA Gives Green Light to FCC to Expand Commercial Use of Federal Mid-Band Spectrum

- NTIA presents framework to accommodate commercial use of the 3.45-3.55 GHz band, including reduced federal use and limited exclusion zones around military installations. - NTIA states that unlicensed operations and...more

Supporting the Telecommunications Industry Through the COVID-19 Crisis – What You Need To Know

- Congress and federal agencies are taking action to ensure that Americans stay connected during the COVID-19 crisis, including the CARES Act. The CARES Act provides $200 million to the FCC for telehealth services and...more

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

FCC Releases Open Internet Order

On March 12, 2015, the Federal Communications Commission (FCC or “Commission”) released the full text of its Open Internet Order (“Order”). The rules adopted in the Order will become effective 60 days after publication in the...more

Communications and Technology 2015 Forecast

Regulators and legislators focused on the communications and technology sectors have fertile ground for issues consideration in 2015. In this forecast, the Akin Gump Strauss Hauer & Feld LLP team shares its views on issues to...more

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