The decades-long fight over net neutrality appears to be over.
In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more
1/8/2025
/ Administrative Procedure Act ,
Appeals ,
Chevron Deference ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Net Neutrality ,
Regulatory Authority ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation ,
Telecommunications
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
President Biden’s recent “Executive Order on Promoting Competition in the American Economy” (Order) promotes fair competition regulations across a diverse group of key U.S. industries, including telecom, technology, banking...more
7/14/2021
/ Biden Administration ,
Broadband ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Net Neutrality ,
Right to Repair ,
Technology Sector ,
Telecommunications ,
Trump Administration
Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission (FCC). Acting Chairwoman Rosenworcel is expected to pursue the...more
2/2/2021
/ 5G Network ,
Acquisitions ,
Biden Administration ,
Broadcasting ,
Caller ID Services ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Digital Divide ,
Disabilities ,
Emergency Response ,
Enforcement ,
FCC ,
Infrastructure ,
Media ,
Mergers ,
Net Neutrality ,
New Legislation ,
Popular ,
Relief Measures ,
Robocalling ,
Spam ,
Telecommunications ,
Transparency ,
Trump Administration
What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,”...more
11/18/2020
/ 5G Network ,
Biden Administration ,
Broadband Privacy Rules ,
Communications Decency Act ,
Digital Divide ,
End-Users ,
Enforcement ,
FCC ,
Misrepresentation ,
Net Neutrality ,
Reversal ,
Section 230 ,
Social Media ,
Social Networks ,
Telecommunications ,
Trump Administration
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
10/14/2019
/ Arbitrary and Capricious ,
Broadband ,
Communications Act 2003 ,
FCC ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Regulatory Authority ,
Telecommunications ,
Title I ,
Title II ,
Vacated
On the eve of Thanksgiving, the Federal Communications Commission (FCC) released a draft order to repeal its own net neutrality rules. The order, which is expected to be voted upon and approved by a partisan 3-2 vote on...more
11/28/2017
/ Broadband Internet Access Services (BIAS) ,
Broadband Privacy Rules ,
Communications Act of 1934 ,
Congressional Review Act ,
FCC ,
Federal Trade Commission (FTC) ,
Net Neutrality ,
Open Internet Rules ,
Repeal ,
Reporting Requirements ,
Section 706 ,
Title I ,
Title II
Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more
9/13/2017
/ Appeals ,
Broadband ,
Broadband Internet Access Services (BIAS) ,
Common Carriers ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Public Comment ,
Rollbacks ,
Telecommunications ,
Title II ,
Trump Administration
New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more
5/19/2017
/ Appeals ,
Broadband ,
Broadband Internet Access Services (BIAS) ,
Common Carriers ,
En Banc Review ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Rollbacks ,
Title I ,
Title II ,
Trump Administration
FCC Chairman Ajit Pai has waded back into the shark-infested waters of net neutrality by releasing a draft NPRM proposal to reverse the FCC’s recently upheld consumer protection rules prohibiting Broadband Internet Access...more
5/2/2017
/ Broadband Internet Access Services (BIAS) ,
Broadband Privacy Rules ,
Denial of Rehearing ,
FCC ,
Federal Trade Commission (FTC) ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Repeal ,
Reversal ,
Rollbacks ,
Title II
New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017. The Federal Communications Commission is now prohibited from promulgating rules “substantially similar” to...more
4/7/2017
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Broadband Privacy Rules ,
Common Carriers ,
Congressional Review Act ,
Consumer Privacy Rights ,
Exemptions ,
FCC ,
Federal Trade Commission (FTC) ,
Net Neutrality ,
Personally Identifiable Information ,
Regulatory Oversight ,
Right To Know ,
Rollbacks ,
State and Local Government ,
Substantially Similar ,
Trump Administration
Following the U.S. Senate’s recent vote, the U.S. House of Representatives has now voted to overturn the FCC’s Broadband Privacy Order using the Congressional Review Act (CRA). Enacted in 1996, the CRA allows Congress to...more
3/30/2017
/ Broadband Privacy Rules ,
Common Carriers ,
Communications Act 2003 ,
Congressional Review Act ,
Consumer Privacy Bill of Rights ,
Exemptions ,
FCC ,
Federal Trade Commission (FTC) ,
Net Neutrality ,
Obama Administration ,
Repeal ,
Right To Know ,
State and Local Government ,
Title II ,
Tracking Systems ,
Trump Administration
As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more
3/3/2017
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Common Carriers ,
Data Security ,
Deregulation ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Net Neutrality ,
Privacy Rule ,
Regulatory Oversight ,
Stays ,
Telecommunications
Roughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under...more
2/7/2017
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Broadband Privacy Rules ,
Congressional Review Act ,
Cybersecurity ,
FCC ,
Internet ,
Internet Service Providers (ISPs) ,
Mobile Broadband Services ,
Net Neutrality ,
Open Internet Rules ,
Technology ,
Technology Sector ,
Telecommunications ,
Wireless Industry
The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more
9/8/2016
/ AT&T Mobility ,
Common Carriers ,
Data Plan ,
Dismissals ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Jurisdiction ,
Mobile Services ,
Net Neutrality ,
Open Internet Rules ,
Section 5 ,
Telecommunications ,
Unfair or Deceptive Trade Practices
On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more
6/21/2016
/ Broadband ,
FCC ,
Federal Trade Commission (FTC) ,
Internet ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Mobile Broadband Services ,
Net Neutrality ,
Open Internet Rules ,
Privacy Rule ,
Section 222 ,
Telecommunications
As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more
4/6/2016
/ Broadband ,
Consent ,
Customer Proprietary Network Information (CPNI) ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Personally Identifiable Information ,
Popular ,
Telecommunications