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Reverse Preemption Roundup: Two States Poised To Enact Pole Attachment Legislation

Pole attachment legislation is moving through the state legislatures of both Pennsylvania and New York. In Pennsylvania, House Bill 825 would direct the Pennsylvania Public Utility Commission ("PUC") to conduct a rulemaking...more

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2025

On March 3, 2025, the Federal Communications Commission (FCC) released a Public Notice reminding service providers and equipment manufacturers to maintain records documenting compliance efforts to make their technology...more

FCC Adopts New Accessibility Requirements for Video Conferencing Services - Update

Update as of January 10, 2025: In a Public Notice released on January 3, 2025, the FCC announced that a summary of the Second R&O was published in the Federal Register on December 15, 2024, establishing January 13, 2025, as...more

6th Circuit Invalidates FCC's 2024 Network Neutrality Order

On January 2, 2025, the U.S. Court of Appeals for the 6th Circuit issued a decision ("Decision") invalidating the Federal Communications Commission's ("FCC") Safeguarding and Securing the Open Internet Order ("Safeguarding...more

UPDATE: Net Neutrality Open Internet Order Set Aside

Update as of January 2, 2025: The U.S. Court of Appeals for the 6th Circuit issued a decision on the consolidated petitions for review of the FCC's 2024 Open Internet Order. In its January 2 decision, which relies heavily on...more

Reverse Preemption Round-Up: Two States Adopt Rulings on Pole Attachment Matters

State regulators in two states that have certified to the Federal Communications Commission ("FCC") that they regulate pole attachments recently released orders resolving important pole attachment and broadband deployment...more

FCC Adopts New Accessibility Requirements for Video Conferencing Services

On September 26, 2024, the Federal Communications Commission ("FCC") adopted a Report and Order (the "Second R&O") setting forth new rules to make interoperable video conferencing services ("IVCS") more accessible to people...more

UPDATE: Net Neutrality Open Internet Order Set Aside

On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more

Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more

Circuits Apply 'California Payphone' Standard to Contrasting Wireless and Wireline Cases

Two recent decisions issued this summer by different United States Courts of Appeals interpreting Sections 253 and 332 of the Communications Act demonstrate the continuing uncertainty carriers face when challenging state and...more

FCC Updates Federal Emergency Alert System Rules

On September 30, 2022, the Federal Communications Commission (FCC) released a Report and Order (Order) updating its Emergency Alert System (EAS) rules with the stated goal of making EAS alerts more informative and easier to...more

FCC Circulates Draft FNPRM on Pole Replacement Costs

The Federal Communications Commission (FCC) has circulated for consideration at its March 16 open meeting a draft Second Further Notice of Proposed Rulemaking (FNPRM) seeking comment on whether the agency should further...more

FCC's Enforcement Bureau Sanctions ViaTalk for Failing to Provide Product Support for Individuals with Disabilities

In late August 2021, the Federal Communications Commission's (FCC) Enforcement Bureau issued an Order and Citation to ViaTalk, LLC, for failing to fulfill its obligations under the Commission's accessibility rules in 47...more

Divided D.C. Circuit Remands FCC Retention of 1996 RF Limits

On August 13, 2021, a divided D.C. Circuit panel granted petitions for review of the Federal Communications Commission's (FCC) 2019 order that terminated a Notice of Inquiry concerning the FCC's guidelines for radiofrequency...more

FCC Seeks Comment on Petition Requesting Declaratory Ruling on Refund Liability in Pole Attachment Complaint Proceedings

In a recent Public Notice, the Federal Communications Commission (FCC) announced that the Wireline Competition Bureau is soliciting comment on a Petition for Declaratory Ruling filed by the Edison Electric Institute (EEI...more

SCOTUS Denial of Certiorari in City of Portland v. FCC Renders Effective FCC's Rulings on Access to Municipal Utility Poles and...

On June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in City of Portland v. FCC,...more

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2021

On March 4, 2021, the Federal Communications Commission (FCC) released a Public Notice to service providers and equipment manufacturers as a reminder to maintain records on compliance efforts to make their technology...more

Let Her Rip! FCC Adopts Remove-and-Replace Rules

In a Second Report & Order (Second R&O)—published in the Federal Register January 13, 2021, with an effective date of March 15, 2022—the Federal Communications Commission (FCC) unanimously adopted rules that implement the...more

9th Circuit Upholds FCC's 2018 Small Cell, Local Moratoria, and One-Touch Make-Ready Orders

On August 12, 2020, a three-judge panel of the 9th Circuit in City of Portland v. FCC rejected multiple challenges to the Federal Communications Commission's (FCC) Small Cell, Local Moratoria, and OTMR orders in all but one...more

FCC's One-Touch Make-Ready Pole Attachment Rules Upheld; All But One Limitation on Local Authority to Regulate Wireless...

— Lone issue on 5G "aesthetics" in Small Cell Order remanded to FCC — Dissent limited to disagreeing with FCC's above-cost prohibitions on municipal fees in Small Cell Order - On August 12, 2020, a panel of the 9th Circuit in...more

FCC Releases Final Text of Rules and Order Expediting Wireline and Wireless Attachments to Utility Poles (Updated)

Some Notable Changes Made to the "One Touch Make-Ready" Rules and Declaratory Ruling Prohibiting State and Local Moratoria on Wireline and Wireless Deployment - Note: This advisory has been updated to reflect that the ILEC...more

Constructing Communications Networks During COVID-19

In response to COVID-19, local governments across the country have imposed moratoria on work in the ROW, or have closed permitting offices or public works departments altogether. In some places, we understand that utility...more

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2020

On February 12, 2020, the Federal Communications Commission (FCC) released a Public Notice to service providers and equipment manufacturers as a reminder to maintain records on compliance efforts to make their technology...more

A Declaration of Independence: Pennsylvania to Regulate Pole Attachments

Pennsylvania will become the twenty-first state to certify to the Federal Communications Commission (FCC) that it regulates third-party attachments to electric utility and telephone poles. ...more

DWT Secures FCC Ruling in Favor of MAW Communications Against PPL Electric

On Monday August 12, the Federal Communications Commission (FCC) Enforcement Bureau issued a Memorandum Opinion and Order in MAW Communications, Inc. v. PPL Electric Utilities Corp., finding that PPL had unlawfully denied...more

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