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Constitutional Challenges Telecommunications

Blake, Cassels & Graydon LLP

Projet de loi 109 : Le Québec cherche à réglementer la découvrabilité du contenu francophone sur les plateformes numériques

Le 21 mai 2025, le gouvernement du Québec a déposé à l’Assemblée nationale le projet de loi 109 intitulé Loi affirmant la souveraineté culturelle du Québec et édictant la Loi sur la découvrabilité des contenus culturels...more

Blake, Cassels & Graydon LLP

Bill 109: Quebec Moves to Regulate Discoverability of French-Language Content on Digital Platforms

On May 21, 2025, Bill 109, An Act to affirm the cultural sovereignty of Québec and to enact the Act respecting the discoverability of French-language cultural content in the digital environment (Bill) was introduced in the...more

Lerman Senter PLLC

Court Rejects FCC's Reinstatement of Form 395-B Filings

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A federal appeals court has invalidated the FCC’s attempt to require broadcasters to file annual reports disclosing the race, ethnicity, and gender of their employees....more

Lerman Senter PLLC

Federal Communications Commission Enforcement Enters a Time of Uncertainty

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Recent political and legal developments call into question the future of the Federal Communications Commission’s in-house enforcement practices....more

Davis Wright Tremaine LLP

5th Circuit Holds That Jarkesy Invalidates FCC Forfeiture Order Against AT&T

The U.S. Court of Appeals for the 5th Circuit held that the Federal Communications Commission (FCC or Commission) violated AT&T's Seventh Amendment right to a jury trial and right to adjudication by an Article III court when...more

Wiley Rein LLP

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

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On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against...more

Venable LLP

Fifth Circuit Decision Vacating FCC Fine Against AT&T Makes It More Difficult for Federal Agencies to Impose Monetary Penalties...

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The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more

Fox Rothschild LLP

Another Civil Penalty Falls under Jarkesy – What’s Next?

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On April 17th, the Fifth Circuit Court of Appeals held that an FCC penalty violates the Seventh Amendment based on the Supreme Court’s landmark ruling in SEC v. Jarkesy. The Seventh Amendment provides for the...more

Fisher Phillips

SCOTUS Will Soon Decide the Fate of E-Rate Program: Could Schools Lose Their Tech Funding?

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The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...more

Akerman LLP - SALT Insights

A “Source” of Consternation? The Taxation of Telecommunications Companies in Florida

Like many states, Florida’s corporate income tax regime has special rules applicable to telecommunications companies. The tricky part about taxing the telecommunications industry is how to source receipts earned from...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ March 2025

Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others....more

Womble Bond Dickinson

Nondelegation and Environmental Law - March 2025

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Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more

Blake, Cassels & Graydon LLP

Avantage concurrentiel par Blakes : mise à jour de mars 2025

Bienvenue à l’édition de mars de l’infolettre Avantage concurrentiel par Blakes, une publication mensuelle des groupes Concurrence et antitrust et Investissement étranger de Blakes. Avantage concurrentiel par Blakes présente...more

Perkins Coie

Your Chance To “Delete” FCC Rules

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As long anticipated, Federal Communications Commission (FCC) Chairman Brendan Carr has launched a new proceeding to eliminate policies and rules that may no longer be necessary or that impose undue regulatory burdens. The...more

Davis Wright Tremaine LLP

New Administration Outlook: What's Next for the FCC After Trump's Executive Orders on Independent Agencies and Eliminating...

Asserting Executive Authority Over Independent Agencies: Assessing the Impact on the FCC - On February 18, President Trump issued an Executive Order entitled "Ensuring Accountability for All Agencies" (the "Accountability...more

Akin Gump Strauss Hauer & Feld LLP

New Executive Order Aims to Curb the Authority of Independent Agencies, Including the FCC

On February 18, 2025, President Trump issued a new Executive Order (EO) entitled “Ensuring Accountability for All Agencies,” which attempts to expand presidential authority over heretofore independent regulatory agencies. The...more

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

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Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

Cozen O'Connor

Bipartisan AGs Support Universal Service Fund

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A bipartisan coalition of 22 AGs and the Maine Office of the Public Advocate filed an amicus brief with the U.S. Supreme Court in consolidated cases FCC v. Consumers’ Research (No. 24-354) and Schools, Health & Libraries...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

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Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

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The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....more

Stevens & Lee

U.S. Supreme Court Appears Ready to Tackle a Major Separation of Powers Issue

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This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] The Future of the Universal Service Program After the 5th Circuit’s Decision - September 30th, 2:00 pm ET

In July, the full U.S. Court of Appeals for the Fifth Circuit found the FCC’s Universal Service Fund (USF) to violate the Constitution in several ways. This decision reversed an earlier decision by a panel of the court...more

Perkins Coie

Fifth Circuit Shocks Telecom Industry by Overturning the FCC’s Universal Service Fund

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The U.S. Court of Appeals for the Fifth Circuit recently ruled in a closely divided 9-7 en banc decision that the Federal Communications Commission’s (FCC) method of funding the Universal Service Fund (USF) is an...more

Pillsbury - CommLawCenter

FCC’s Universal Service Fund Found Unconstitutional by Fifth Circuit

On July 24, 2024, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit released a decision in Consumers’ Research et al. v. FCC holding that the Federal Communications Commission’s Universal Service Fund...more

Womble Bond Dickinson

Consumers’ Research Universal Service Litigation Nears Inflection Point

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The Fifth and D.C. Circuit federal appellate courts are now poised to issue pivotal decisions in the ongoing litigation challenging the constitutionality of the FCC’s universal service support mechanisms. Their opinions will...more

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