News & Analysis as of

En Banc Review The United States Federal Communications Commission

Troutman Pepper Locke

FCC “One-to-One Rule” Case: States File Amicus Brief in Support of Rehearing

Troutman Pepper Locke on

Last month, we discussed the motion filed by the National Consumers League and four small business owners to intervene in the case of Insurance Marketing Coalition Limited. v. FCC. This motion aimed to challenge the Eleventh...more

Womble Bond Dickinson

Supreme Court to Address Constitutionality of USF

Womble Bond Dickinson on

On November 22, 2024, the U.S. Supreme Court granted two petitions for certiorari to review the U.S. Court of Appeals for the Fifth Circuit’s (Fifth Circuit) en banc decision in Consumers’ Research v. Federal Communications...more

Akin Gump Strauss Hauer & Feld LLP

En Banc Decision: 5th Circuit Finds USF Funding Mechanism Unconstitutional - Update

The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal Communications Commission...more

Akin Gump Strauss Hauer & Feld LLP

5th Circuit Finds USF Funding Mechanism Unconstitutional in En Banc Decision

On September 9, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced at an event in Washington, D.C. that the agency will be seeking Supreme Court review of a recent decision finding aspects...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Rehearing USF Contributions Challenge En Banc

The legal battles over the constitutionality of Universal Service Fund (USF) contributions continue as the U.S. Court of Appeals for the Fifth Circuit has granted a request for the full court to re-hear a challenge to the...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Affirms FCC Rule That Most In-Kind Contributions Are Franchise Fees

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

Womble Bond Dickinson

Banc Robbery! Crunch’s Petition for Re Hearing En Banc Denied by Ninth Circuit in Marks

Womble Bond Dickinson on

Breaking news on the infamous Marks v. Crunch San Diego, LLC case that rewrote the definition of an automated telephone dialing system (“ATDS”) to include devices that have the capacity to store numbers to be dialed (i.e....more

Kelley Drye & Warren LLP

Support for FTC Jurisdiction Over Broadband: Ninth Circuit En Banc Rules Common Carrier Exemption is “Activity,” and not...

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

Perkins Coie

FCC Launches Proceeding to Rollback Net Neutrality

Perkins Coie on

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

Nossaman LLP

Supreme Court To Consider Cert. For FCC Regulation Speech On Public Broadcasting Stations

Nossaman LLP on

Federal law prohibits non-commercial broadcasters from airing paid advertisements (a) for for-profit entities, (b) issues of public importance or interest, and (c) political candidates. In Minority Television Project, Inc....more

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