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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

FCC's Expansive New Rules Prohibiting "Digital Discrimination" in Broadband Access

On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further...more

Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more

FCC Taskforce Provides Guidance on BSL Fabric Challenges

The FCC Broadband Data Taskforce recently released recommendations on best practices to submit bulk challenges to the Broadband Serviceable Location Fabric (BSL Fabric). The BSL Fabric is a dataset of geographic coordinates...more

FCC Broadband Data Collection Filing Window Closes March 1, 2023

The FCC Broadband Data Task Force announced that the second Broadband Data Collection (BDC) filing window opened on January 3, 2023, and the required data submissions may be made at any time up until the deadline of March 1,...more

FCC Reaffirms Deregulation of Internet Access Services

On Thursday, October 29, the Federal Communications Commission (FCC) released its Order on Remand (adopted at its October 27 meeting), responding to the D.C. Circuit's remand of certain aspects of the agency's earlier...more

9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch Make-Ready Orders

On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR orders in all but one...more

OTMR Effective Date and 9th Circuit Briefing Schedule Announced

Update #3: On August 13, 2020, in an 82-page opinion, a panel of the 9th Circuit upheld 2-1 the challenged aspects of all three of the FCC's Small Cell, Local Moratoria and OTMR orders in all but one respect – the court...more

D.C. Circuit Upholds FCC Deregulation of Broadband Service But Opens Door to Possible State Regulation

On October 1, 2019, a divided panel of the D.C. Circuit issued a lengthy per curiam decision that largely upheld the Federal Communications Commission’s (FCC) Restoring Internet Freedom order, issued by the agency in early...more

OTMR Effective Date and Ninth Circuit Briefing Schedule Announced

Friday, the FCC published the Office of Management and Budget’s approval of the one-touch make-ready (OTMR) rules in the Federal Register and set May 20, 2019 as the effective date for these rules....more

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachment - Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment...more

FCC Reverses Course, Shifts ISP Customer Privacy Back to FTC

The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...more

FCC Releases Text of Wireless and Wireline Infrastructure Orders

The Commission has released the final text of the Wireline R&O and Wireline FNPRM as well as the final text of Replacement Utility Poles R&O. The final text of the Replacement Utility Poles R&O, which was released the day...more

FCC Releases Draft Internet Freedom Order

The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet...more

Eighth Circuit Affirms FCC’s 2015 Order Equalizing Cable and Telecom Pole Attachment Rates

On Monday, July 31, 2017, the U.S. Court of Appeals for the Eighth Circuit, in a unanimous opinion, affirmed the FCC’s November 2015 Order on Reconsideration closing the “telecom formula loophole” to ensure that pole...more

The Need for Speed 2: FCC Releases Final NPRM to Accelerate Broadband Deployment

On April 21, 2017, the Federal Communications Commission (“Commission”) released its final version of the combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment in the matter of Accelerating...more

4/25/2017  /  Broadband , Comment Period , FCC , NPRM

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

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

More Talk on Further OIO Review… And Will the Sixth Circuit Look at How the DC Circuit Ruled on Section 706 to Decide State Law...

It seems likely that one or more Petitioners in the consolidated case USTA v. FCC will seek review, either en banc or in the Supreme Court, of the D.C. Circuit’s decision released on June 14th. (DWT’s detailed advisory is...more

DC Circuit Affirms FCC’s Open Internet Order

Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order. That order reclassified wired and mobile broadband Internet access services as...more

The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and Some of Its Proposals

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more

FCC Adopts NPRM for ISP Privacy at March Open Meeting

Late this afternoon the FCC adopted a Notice of Proposed Rulemaking (NPRM) proposing new rules governing the privacy practices of Internet Service Providers (ISPs) at its monthly open meeting, which was delayed several times...more

FCC Announces Broadband Consumer Privacy Workshop – April 28

Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules The Federal Communications Commission recently announced that will hold a public workshop on April 28, exploring the FCC’s...more

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

Impact of Reclassification on Pole Attachments

The Order recognizes that the deployment of communications networks and broadband infrastructure depends heavily on access to utility poles on reasonable rates, terms and conditions. Accordingly, the Order declined to...more

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