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Regulatory Authority 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

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

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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

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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

Mayer Brown

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

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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

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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)

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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

Fisher Phillips

SCOTUS Will Soon Decide the Fate of E-Rate Program: Could Schools Lose Their Tech Funding?

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The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...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

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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

Saul Ewing LLP

Federal Court Ends Net Neutrality for Broadband Providers

Saul Ewing LLP on

The Federal Communications Commission (“FCC”) lacks the authority to impose rules on broadband internet and mobile broadband providers, according to a recent ruling from the United States Court of Appeals for the Sixth...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

Benesch

Federal Net Neutrality Reinstatement Denied by Court of Appeals; State-Level Laws Remain in Place

Benesch on

The Net Neutrality rules aimed to protect open, free, and fast Internet for all, while opponents questioned federal agency authority and worried the rules stymied investment and innovation....more

Troutman Pepper Locke

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

Troutman Pepper Locke on

The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al....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

Holland & Knight LLP

Mexico Prepares to Vote on Amendment to Streamline and Dissolve Government Agencies

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The Constitutional Law Committee (Comisión de Puntos Constitucionales de la Cámara de Diputados or CPC) of Mexico's House of Representatives (Cámara de Diputados), on July 25, 2024, published a schedule to analyze and approve...more

Wiley Rein LLP

FCC Proposes New Rules for AI-Generated Calls and Texts

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On July 17, 2024, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM) that would, among other things, propose new rules to regulate AI-generated calls and...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

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