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Ninth Circuit Rules All Common Carriers Beyond Reach of FTC’s Consumer Protection Authority

In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit ruled on August 29, 2016,...more

FCC Identifies Areas Eligible for Support Under Connect America Fund Phase II Auction

Orange is the new green –well that’s one way to think of the FCC’s latest announcement of areas eligible for support (subsidies) for providers delivering broadband to unserved areas in connection with the upcoming Connect...more

WiGig? Why Not! FCC Sets Aside Significant Unlicensed Spectrum for Deployment and Support of 5G Wireless Services in Latest...

On Thursday, July 14, the FCC adopted its “Spectrum Frontiers” Order which allocates a substantial amount of high-frequency millimeter wave spectrum for both licensed and unlicensed use to support the deployment of the “next...more

7/20/2016  /  FCC , NPRM , Public Comment , Telecommunications

FCC Adopts Competitive Bidding Criteria and Roadmap for Implementing Upcoming CAF Phase II Reverse Auction

Broadband and voice providers interested in pursuing a piece of the roughly $2 billion in remaining Connect America Fund (CAF) Phase II subsidies take note: the FCC has just released its road map for evaluating bids in the...more

FCC Bureaus Release Guidance on Transparency Rule Implementation

On May 19, the FCC’s Chief Technologist, Office of General Counsel, and Enforcement Bureau (“Bureaus”) released new guidance addressing implementation of the enhanced transparency disclosure requirements required by the 2015...more

FCC Adopts Framework for Broad New Regulations of Newly Christened “Business Data Services” f/k/a Special Access Services

FCC Chairman Wheeler’s plan to extend a new rate regulation regime to so-called business data services (which provide point-to-point transmission of data at guaranteed speeds and service levels), formerly known as “special...more

FCC Announces E-Rate Cap for Funding Year 2016

The FCC announced that, for Funding Year 2016, the E-rate cap will be $3.939 billion. The inflation-indexed cap reflects a one percent increase over the $3.9 billion FY2015 cap.  USAC will apply $29 million of the additional...more

5/9/2016  /  E-Rates , FCC , USAC

The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and Some of Its Proposals

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more

FCC Adopts Universal Service Broadband Subsidies (CAF) Program Benefitting Rural Telcos

On March 30, the FCC released an Order and Notice of Proposed Rulemaking announcing $2 billion annually in new financial support (subsidies) to rural incumbent telecommunications carriers (so-called rate of return carriers)...more

FCC Releases Open Internet Transparency/Disclosure Rule Safe Harbor in the Form of Broadband Service “Labels” for End User...

The FCC has released its safe harbor disclosure framework under the Open Internet transparency requirements for end user customer disclosures, which take the form of a broadband “label” –not unlike the form of labels used by...more

FCC Adopts Plan to Distribute Additional Universal Service Subsidies to Rural Telecom Carriers

On March 30, the FCC released an Order and Notice of Proposed Rulemaking announcing $2 billion in new financial support to rural incumbent telecommunications carriers (so-called rate of return carriers) willing to deploy...more

FCC Adopts NPRM for ISP Privacy at March Open Meeting

Late this afternoon the FCC adopted a Notice of Proposed Rulemaking (NPRM) proposing new rules governing the privacy practices of Internet Service Providers (ISPs) at its monthly open meeting, which was delayed several times...more

FTC Settles with Router Manufacturer for Security Failure

As the number of smart devices in homes connected to the Internet continues to grow, the need to keep home networks secure becomes increasingly important. Device manufacturers that promise to secure these home networks,...more

FCC Extends Exemption from Enhanced Disclosure Rules for Small Providers

On Wednesday, the FCC’s Consumer and Governmental Affairs Bureau extended the ongoing exemption from applying the enhanced transparency requirements of the 2015 Open Internet Order to small providers. As a result, small...more

FCC Seeks Input on Open Internet Transparency Exemption

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

FCC Proposes Record $100 Million Penalty for Alleged Violations of Open Internet Transparency Rule

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

Are Your Disclosures Sufficient Under the “Enhanced” Transparency Rule?

Although not yet in effect, broadband providers should begin to consider how best to implement the FCC’s “enhanced” transparency (disclosure) requirements. As explained in our recent advisory, the Order retains the FCC’s 2010...more

FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the...more

Open Internet Order Published and to Become Effective on June 12, 2015—Numerous New Appeals Expected

The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015. Publication in the Federal...more

“Enhanced” Transparency Requirements Expand Current Disclosure Obligations (But Temporarily Exempts Smaller Providers)

The Order does not formally modify the text of the existing “transparency” rule, which was upheld by the D.C. Circuit in Verizon v. FCC in 2014. However, the Order does prescribe numerous “enhancements” to the rule, which...more

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

FTC Staff Report on Internet of Things: Recommends Self-Regulation “Best Practices,” But Leaves Key Issues Unresolved

The Federal Trade Commission released its much anticipated staff report on January 27 regarding consumer privacy and data security concerns arising from the emerging market for connected devices known as the Internet of...more

New FTC Report on IoT Maintains Need for Baseline Privacy Legislation and Begins to Recognize Limitations of FIPPS in a Connected...

The Federal Trade Commission released its long awaited staff report on privacy and security issues presented by the emerging market for connected devices, also known as, the Internet of Things (“IoT”) (the “Report”) this...more

FCC Sets Dec. 15 Deadline for Special Access Data Collection Submissions

December 15 is now set as the deadline by which nearly all cable operators, telecommunications carriers, and many others must respond to an extensive FCC special access data collection, per an Order on Reconsideration...more

FCC Establishes Application Procedures for Rural Broadband Experiments – Application Deadline Set for Oct. 14

On August 19, the FCC’s Wireline Competition Bureau released a public notice establishing the process for applying for support under the Rural Broadband Experiments program. Applications under this program must be submitted...more

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