In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more
The FCC has issued a Notice of Proposed Rulemaking (NPRM) to consider prohibiting certain billing practices of cable operators and direct broadcast satellite (DBS) providers. Specifically, the FCC is proposing to ban cable...more
The FCC has updated its Emergency Alert System (EAS) rules to make emergency alerts easier for the public to understand and more accessible to those with certain disabilities. EAS messages are currently transmitted using...more
PublicCEO Article Addresses Current Rules and What Happens Next - Over the last few years, the Federal Communications Commission (FCC) has been reinterpreting several key Cable Act provisions that govern cable franchise...more
Regulated Entities - The Vermont Public Utility Commission (“PUC” or “Commission”) is responsible for the general administration of Vermont public utilities, specifically including those responsible for electrical...more
Franchise Requirements Should Not be Treated as Franchise Fees and Cable Operators Can be Charged Fees on Non-Cable Services, Cities Argue - Three coalitions of cities filed briefs with the U.S. Sixth Circuit Court of...more
On May 26, 2021, the U.S. Court of Appeals for the 6th Circuit affirmed most aspects of the Federal Communications Commission's (FCC) 2019 ruling that nearly all non-cash (or "in-kind") assessments required by cable...more
On May 26, 2021, a Sixth Circuit panel rejected challenges by numerous municipalities to a 2019 order by the Federal Communications Commission (FCC) that most “in kind” (non-cash) contributions required by cable franchisees...more
On October 1, 2020, the Federal Communications Commission (FCC) voted to change its rules governing the required notices that cable operators must give to customers and local or state franchise authorities when changing...more
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
When the FCC’s Cable Franchise Order became effective on Sept. 26, it upended 35 years of common understanding on what a local government could obtain in cable franchise negotiations, which could cost local governments...more
Recently enacted Texas legislation significantly reduces right-of-way fees paid to Texas cities by companies that provide telecommunications and cable services. This legislation could influence right-of-way compensation laws...more
On August 1, 2019, the Federal Communications Commission (FCC) ruled that most non-cash (in-kind) assessments required by cable franchises constitute franchise fees subject to the 5% cap under the Communications Act. ...more
On Thursday, August 1, 2019, the FCC took several actions to address persistent, decades-long efforts by local governments to convert their control over local rights-of-way into ever-increasing revenue streams from cable...more
On October 25, 2018, the FCC released a draft Report and Order that would expressly allow cable operators to provide certain written customer communications electronically. As part of the FCC’s “Modernization of Media...more
The FCC is poised to issued two orders: a $2 billion unfunded mandate “Small Cell” order that imposes rules akin to state small cell laws (such as SB 649 vetoed in 2017 by California Gov. Jerry Brown)....more
Developments at the FCC regarding the use of the 3.7-4.2 GHz band have raised questions about the future operation of earth stations in that band. As the FCC considers whether to reallocate the spectrum available for earth...more
The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case...more
The Federal Aviation Administration (FAA) has granted CNN approval to operate drones over people in real-world conditions, which means that for the first time, drones will be allowed to fly over wide ranges of urban and...more
On September 25, 2017, the FCC released a Report and Order updating its Signal Quality (aka “proof of performance”) rules and Signal Leakage rules for digital cable systems. The FCC’s Signal Quality rules set technical...more
One might think that Tesla shareholders would be thrilled with yesterday’s news that Elon’s car-making arm has surpassed even GM in market value. True, perhaps, but only to a point. Turns out that Tesla’s recent surge has...more
Annual Section 43.62(b) International Circuit Capacity Report - Each year the FCC collects data regarding capacity held on international terrestrial, satellite and submarine cable facilities, the status of the circuits,...more
Financial Industry Developments - 2016 Data Breach Legislation Roundup: What to Know Going Forward - States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let's take...more
In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no concrete injury as a result of...more