News & Analysis as of

Regulatory Authority The United States Federal Communications Commission

Davis Wright Tremaine LLP

Sixth Circuit Upholds FCC Data Breach Order: Analyzing the Implications for Telecom Carriers and the FCC

The U.S. Court of Appeals for the Sixth Circuit recently upheld data breach reporting requirements issued by the Federal Communications Commission (FCC or Commission) in 2023 (Data Breach Order) in its August 13, 2025 2-1...more

Akin Gump Strauss Hauer & Feld LLP

Sixth Circuit Upholds FCC’s 2024 Breach Notification Rules

Telecommunications carriers must continue to adhere to a 2024 Federal Communications Commission (FCC) Order that substantially broadened carriers’ breach notification obligations, requiring that they disclose breaches of any...more

Orrick, Herrington & Sutcliffe LLP

Court upholds FCC’s expanded data breach reporting rule for telecom and broadband providers

On August 13, the U.S. Court of Appeals for the 6th Circuit denied several consolidated petitions for review and upheld the FCC’s 2024 rule expanding data breach reporting requirements for telecommunications carriers and...more

Warner Norcross + Judd

Sixth Circuit Upholds FCC’s 2024 Data Breach Reporting Rules

Warner Norcross + Judd on

The U.S. Court of Appeals for the Sixth Circuit recently issued a decision in Ohio Telecom Association et al. v. FCC, upholding the FCC’s 2024 data breach reporting requirements for telecommunications carriers and relay...more

Troutman Amin LLP

FCC MASSACRE: Commission Just Crushes 185 Telecom Providers– Requires Carriers to Immediately Cease Accepting their Traffic in...

Troutman Amin LLP on

So I was out of the office for a little while taking my kids on a tour of MLB ballparks (We are up to 25 out of 30!) I return to the news of two massive FTC settlements crushing insurance lead generators and… this. Last week...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

Stevens & Lee on

The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Lerman Senter PLLC

Potential Federal Court Circuit Split Increases Uncertainty Around FCC's Enforcement Authority

Lerman Senter PLLC on

A potential federal court circuit split is developing over the constitutionality of the enforcement authority of federal agencies such as the Federal Communications Commission (FCC)....more

Perkins Coie

US Supreme Court Upholds Constitutionality of FCC’s Universal Service Fund

Perkins Coie on

Key Takeaways - - The U.S. Supreme Court upheld the FCC's Universal Service Fund (USF) scheme, ensuring its continued operation. - The Court rejected nondelegation doctrine challenges, finding Congress provided sufficient...more

Klein Moynihan Turco LLP

FCC Deletes Deletes Deletes One-To-One Consent TCPA Rule

In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by...more

Pillsbury Winthrop Shaw Pittman LLP

Circuit Split No More: U.S. Supreme Court Upholds FCC Universal Service Fund Authority

The U.S. Supreme Court reversed a ruling by the Fifth Circuit Court of Appeals that held both Congress’s delegation of USF authority to the FCC and the FCC’s subsequent delegation of its authority to a private administrator...more

Wiley Rein LLP

"One Big Beautiful Bill Act" Passes, Restoring FCC Auction Authority and Establishing Spectrum Pipeline

Wiley Rein LLP on

The Federal Communications Commission’s (FCC) general authority to conduct spectrum auctions lapsed on March 9, 2023, leaving a core pillar of agency responsibility subject to ad-hoc, band-specific authorizations as...more

Mintz - Technology, Communications & Media...

What’s New in Wireless - July 2025

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily...more

Hogan Lovells

U.S. Supreme Court upholds FCC’s Universal Service Fund framework

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The Supreme Court’s recent ruling in Federal Communications Commission (FCC) v. Consumers’ Research removed the uncertainty that hung over the FCC’s Universal Service Fund (USF) programs since July 2024, when the U.S. Court...more

Cooley LLP

Supreme Court Upholds Universal Service Contribution Requirements

Cooley LLP on

The US Supreme Court, in a 6 – 3 decision, has upheld the Federal Communications Commission (FCC) system for determining and collecting universal service contributions. In overturning the US Court of Appeals for the Fifth...more

Benesch

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

Benesch on

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v....more

Cooley LLP

SCOTUS Continues to Limit Authority of Regulatory Agencies by Empowering District Courts to Reject FCC Interpretations

Cooley LLP on

Suppose an administrative agency issues a rule governing private conduct. And suppose no one uses an available judicial review process to challenge that rule before it takes effect. If that rule is then invoked against a...more

Mayer Brown

FCC Confirms Utilities Demand Response Communications are Permissible Under the Telephone Consumer Protection Act

Mayer Brown on

On June 9, 2025, the Federal Communications Commission (“Commission”) issued a declaratory ruling clarifying that utilities may send non-telemarketing, time-sensitive “demand-response” calls and texts to customers who have...more

Troutman Amin LLP

COMMISSION GUTTED?: Rumors and Withdrawals Suggest FCC May Soon Be Unable To Act

Troutman Amin LLP on

So it is being reported by Communications Daily that FCC Republican Commissioner Nathan Simington is expected to either leave the agency or announce his imminent departure this week. ...more

Cooley LLP

Cooley Advisory: FCC About to Have Only Two Commissioners (Less Than a Quorum)

Cooley LLP on

Federal Communications Commission (FCC) Commissioner Nathan Simington announced yesterday that he will resign his seat at the FCC on Friday, June 6, and Democratic Commissioner Geoffrey Starks announced that he also will...more

Stevens & Lee

U.S. Supreme Court Readies to Decide an Important Separation of Powers Issue

Stevens & Lee on

With May having begun, we have entered the zone in which the Supreme Court will be announcing decisions in the most important cases of this term. Among them is Federal Communications Commission v. Consumers’ Research, a...more

Kilpatrick

Call Me, Maybe? TCPA Jurisprudence Post-Loper Bright

Kilpatrick on

I’m not willing to admit how many times I’ve listened to Carly Rae Jepsen’s hit “Call Me Maybe,” but I’m well enough versed in its lyrics to safely conclude she likely provided her romantic interest prior express consent to...more

BCLP

TCPA Update: The FCC Opposes Rehearing the 1:1 Consent Rule

BCLP on

On April 4, 2025, the Federal Communications Commission (“FCC”) revealed that it will not support a rehearing of the Telephone Consumer Protection Act (“TCPA”) 1:1 consent requirement for robocalls/texts (“1:1 Consent Rule”)...more

Maynard Nexsen

FCC Launches Sweeping Deregulation Proceeding

Maynard Nexsen on

On March 12, 2025, the Federal Communications Commission (FCC) Chairman, Brendan Carr, announced a “massive deregulation initiative” that puts all agency rules and guidance on the table for reconsideration. The agency is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Are the Days of OSHA’s Rulemaking and Reliance on Consensus Standards Numbered?

Since Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” (H.R. 86), there has been immense speculation about the future of the Occupational...more

Snell & Wilmer

Sixth Circuit Gives Insight on a Post-Chevron World: What the Set Aside of Net Neutrality Tells Us About Scope of Agency Power

Snell & Wilmer on

We have previously written about two consolidated cases (Loper Bright and Relentless), in which the Supreme Court reversed a decades-old rule known as the Chevron doctrine. Broadly, the Chevron doctrine required courts to...more

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