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Regulatory Authority Statutory Interpretation Telecommunications

Perkins Coie

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

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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

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

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

Cozen O'Connor

Eleventh Circuit Strikes Down FCC Order Interpreting the TCPA

Cozen O'Connor on

On January 24, the Eleventh Circuit issued a decision clarifying the Federal Communications Commission’s (FCC) limited authority to expand businesses’ obligations under the Telephone Consumer Protection Act (TCPA). This...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Hears Oral Argument in Case Regarding FCC’s Authority to Interpret Telephone Consumer Protection Act

Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more

K&L Gates LLP

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules...

K&L Gates LLP on

The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v....more

Polsinelli

Eleventh Circuit Overturns FCC’s One-to-One Consent Rule

Polsinelli on

A 2023 Federal Communications Commission (FCC) Order interpreted the Telephone Consumer Protection Act as requiring that consumers provide specific one-to-one consent to receive robocalls. The purpose was to fill what the FCC...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

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

Stevens & Lee

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

Stevens & Lee on

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

Perkins Coie

Why the FCC’s Net Neutrality Rules Were Struck Down

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The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more

Perkins Coie

Supreme Court Overrules Chevron; Courts Must Determine “Best” Meaning of Statutes Without Deference

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The Supreme Court of the United States has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). For 40 years, if an agency was interpreting an “ambiguous” provision of a statute it...more

Venable LLP

Telecommunications Law and Policy in a Post-Chevron World

Venable LLP on

As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more

Wiley Rein LLP

The Supreme Court Overruled Chevron. What Comes Next For Telecommunications, Media, and Technology?

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On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more

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