On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more
The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more
The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more
On January 11, 2017, the FCC released its most extensive “policy review” of mobile broadband operators sponsored data offerings for zero-rated content and services since the Commission’s 2015 Open Internet Order. ...more
Last Thursday, in a vote split along party lines, the Federal Communications Commission (“FCC”) approved a new regulatory regime staking its claim to privacy regulation of both fixed and mobile Internet service providers...more
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
On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a major decision restructuring how common carriers are regulated at the federal level. The Ninth Circuit interpreted Section 5 of the FTC Act, which...more
Smaller broadband providers now have an opportunity to convince the FCC to maintain the small provider exemption from the new “enhanced” transparency (disclosure) requirements of the 2015 Open Internet Order. As we explained...more
If you work for a broadband service provider and haven’t recently reviewed your FCC-mandated network management “transparency” disclosures posted on your website, we suggest you make that the next thing you do after reading...more
On June 17, 2015, the Federal Communications Commission (FCC or Commission) issued a Notice of Apparent Liability against AT&T Mobile, Inc. (AT&T) alleging that AT&T’s failure to adequately and accurately disclose its...more