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FCC Seeks Comment on Petition Requesting Declaratory Ruling on Refund Liability in Pole Attachment Complaint Proceedings

In a recent Public Notice, the Federal Communications Commission (FCC) announced that the Wireline Competition Bureau is soliciting comment on a Petition for Declaratory Ruling filed by the Edison Electric Institute (EEI...more

SCOTUS Denial of Certiorari in City of Portland v. FCC Renders Effective FCC's Rulings on Access to Municipal Utility Poles and...

On June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in City of Portland v. FCC,...more

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2021

On March 4, 2021, the Federal Communications Commission (FCC) released a Public Notice to service providers and equipment manufacturers as a reminder to maintain records on compliance efforts to make their technology...more

Let Her Rip! FCC Adopts Remove-and-Replace Rules

In a Second Report & Order (Second R&O)—published in the Federal Register January 13, 2021, with an effective date of March 15, 2022—the Federal Communications Commission (FCC) unanimously adopted rules that implement the...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

FCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One Limitation on Local Authority to Regulate Wireless...

— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles (Updated)

Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to reflect that the ILEC...more

FCC Clarifies Pole Attachment Rules Related to Access Denial and Agreement Terms and Conditions

On July 29, 2020, the Federal Communications Commission's (FCC or Commission) Wireline Competition Bureau (WCB) released a Declaratory Ruling clarifying certain aspects of its rules governing the deployment of communications...more

FCC Modifies Cable’s Existing Commercial Leased Access Obligations

The FCC today adopted a Second Report and Order in its Commercial Leased Access (CLA) proceeding that modifies the existing rate formula for cable operators providing CLA channels. The core rate formula remains unchained—it...more

Constructing Communications Networks During COVID-19

In response to COVID-19, local governments across the country have imposed moratoria on work in the ROW, or have closed permitting offices or public works departments altogether. In some places, we understand that utility...more

FCC Reminds Television Broadcasters and MVPDs to Maintain Accessible Televised Emergency Information During the COVID-19 Pandemic

The FCC recently reminded television broadcasters and multichannel video program distributors (MVPDs) of the importance of providing accessible televised emergency information amid concerns regarding the COVID-19 pandemic....more

7th Circuit Rules Cable Systems May Use Existing Electric Utility Easements Over Landowner's Objection

Cable operators seeking access to existing utility easements on private property recently received some good news. ...more

3/12/2020  /  Easements , Energy Sector , Land Owners

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2020

On February 12, 2020, the Federal Communications Commission (FCC) released a Public Notice to service providers and equipment manufacturers as a reminder to maintain records on compliance efforts to make their technology...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

FCC Grants Google Fiber Limited Waiver of User Interface Accessibility Rule

The Twenty-First Century Communications and Video Accessibility Act of 2010, which updated the Communications Act to provide persons with disabilities access to new technologies, spawned numerous rulemakings at the Federal...more

10/3/2019  /  Accessibility Rules , FCC , Google

A Declaration of Independence: Pennsylvania to Regulate Pole Attachments

Pennsylvania will become the twenty-first state to certify to the Federal Communications Commission (FCC) that it regulates third-party attachments to electric utility and telephone poles. ...more

DWT Secures FCC Ruling in Favor of MAW Communications Against PPL Electric

On Monday August 12, the Federal Communications Commission (FCC) Enforcement Bureau issued a Memorandum Opinion and Order in MAW Communications, Inc. v. PPL Electric Utilities Corp., finding that PPL had unlawfully denied...more

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2019

By no later than April 1, 2019, covered service providers and equipment manufacturers must submit accessibility recordkeeping compliance certifications and contact information to the FCC....more

Accessible User Interfaces Deadline Approaching

In 2013, the Federal Communications Commission adopted rules requiring MVPDs to ensure, upon request of a subscriber, that navigation devices (set-top boxes) and pre-installed MVPD apps that provide on-screen text menus and...more

12/12/2018  /  Accessibility Rules , FCC , MVPD

Accessibility Requirements for Broadband Providers

The FCC’s Open Internet Order (the “Order”) will impose several accessibility requirements on broadband Internet access service (BIAS) providers when it takes effect this week. First, because the Order does not forbear...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles

Some Notable Changes Made to the “One Touch Make-Ready” Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Late Friday the FCC released the text of its Third Report and...more

FCC Adopts One-Touch Make-Ready Rules and Declaratory Ruling Preempting State and Local Moratoria on Wireline and Wireless...

The FCC, at its Open Meeting today, adopted its Third Report and Order and Declaratory Ruling (“Order”) in the wireline infrastructure docket which, among other things, implements one-touch make-ready (“OTMR”) and prohibits...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

Effective Date for Hearing Aid Compatibility Rules for ACS Telephonic CPE Announced

Tuesday’s Federal Register publication of certain Hearing Aid Compatibility (“HAC”) rules imposing labelling, notification, certification, database registry and designated agent requirements for wireline handsets for advanced...more

Time to Revisit FCC Commercial Leased Access Rules?

After nearly ten years, the United Church of Christ Office of Communications, Inc. (“UCC”) finally withdrew its petition asking the Federal Communications Commission (“FCC”) to override an Office of Management and Budget...more

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