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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: FCC

Posted in Deal Trends, Policy & Regulation, Spectrum, Technology, Telecoms & Broadband Michele FarquharTrey Hanbury

FCC Avoids Shutdown For Now, But Continued Threat Looms Over TMT Sector

The federal government is open.  But less than three weeks remain under the current reprieve and another shutdown seems possible.  Although the Federal Communications Commission tapped on-hand fees to support uninterrupted operations earlier this week, the FCC will start to run out of time – and money – if the stalemate over the budget continues and another shutdown occurs.

How … Continue Reading

Posted in Policy & Regulation Hilary TompkinsTrey HanburySarah K. Leggin

Ending the Twilight Saga: FCC Proposes Slashing Regulations to Speed Broadband Deployment

The FCC has proposed to exclude so-called “Twilight Towers” from routine historic preservation review under Section 106 of the National Historic Preservation Act (“NHPA”) and its regulations.  Section 106 requires a federal agency to engage in a consultation process, which involves identification of a project’s adverse effects on historic and cultural properties and engagement with various interested parties, such as … Continue Reading

Posted in Spectrum, Telecoms & Broadband Sarah K. Leggin

Focused on 5G: Wireless Telecommunications Bureau Chief Don Stockdale Delivers Keynote Address on Top Issues Before the FCC

In his keynote address at the 6th Annual Winnik Forum, Don Stockdale, the FCC’s new Wireless Bureau Chief, described the primary issues he faces as promoting innovation, making more spectrum available for commercial use, and expanding the deployment of wireless networks.  Don began his appointment in June 2017, but has extensive experience as an economist and attorney in both the … Continue Reading

Posted in Telecoms & Broadband

Tom Sullivan Reflects on His Role as International Bureau Chief

During his remarks at the Winnik Forum, International Bureau Chief Tom Sullivan reflected on the challenges and opportunities of his role as the United States’ top communications diplomat.  “Everyone wants to know what the FCC is doing,” he said.  This interest affords the United States, and the FCC, significant opportunities to exert influence on the most pressing issues at the … Continue Reading

Posted in Telecoms & Broadband Alexander MaltasWesley Platt

FCC Commissioners Debate Adjustments to Merger Review Standard

In the first major transaction approval under Ajit Pai’s Chairmanship, the Federal Communications Commission (“FCC”) recently approved, subject to targeted, transaction-specific conditions, license and authorization transfers in connection with CenturyLink’s $34 billion acquisition of Level 3.  The FCC’s recitation of its merger review standard in its order (the “CenturyLink-Level 3 Order”) differed somewhat from the description of the standard … Continue Reading

Posted in Policy & Regulation Mark Brennan

Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits

Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small businesses that have fewer resources and could face financial ruin if targeted by a class action lawsuit.  To help address this issue and support the U.S. economy, Congress and the Federal … Continue Reading

Posted in Telecoms & Broadband Mark BrennanWesley Platt

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and Order, which had purported to clarify several issues around the agency’s TCPA rules.  As explained below, this continuing trend is one of many reasons that Congress and the … Continue Reading

Posted in Telecoms & Broadband Mark Brennan

FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls

The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip Roesel for allegedly making more than 21 million prerecorded robocalls with illegally “spoofed” caller ID information in an attempt to sell health insurance.… Continue Reading

Posted in Telecoms & Broadband Mark BrennanSarah K. Leggin

FCC Extends TCPA Liability to Technology Platform Provider

The U.S. Federal Communications Commission has adopted a Forfeiture Order (“Order”) imposing a nearly $2.9 million penalty against Dialing Services, LLC (“Dialing Services”) for making prerecorded voice calls to wireless phones without the “prior express consent” of the called parties.  This Order is notable because the FCC targeted the technology platform provider rather than the provider’s customer.… Continue Reading

Posted in Telecoms & Broadband Michele Farquhar

FCC Proposes Increased Service Obligations on Wireless Licensees Seeking Renewal

The Federal Communications Commission (“FCC”) has released a draft Second Report and Order and Further Notice of Proposed Rulemaking on renewal requirements and permanent discontinuance rules for a variety of wireless services.[1]  The Draft Further Notice proposes new rules—such as additional renewal term construction obligations to enhance rural build-out—that, if adopted, would have far-reaching implications for wireless licensees.

In … Continue Reading

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband Ari Fitzgerald

US FCC Allocates 5 GHz of Contiguous Spectrum for Next Generation Vehicular Radar

On July 13, the United States (“US”) Federal Communications Commission (“FCC”) issued a decision allocating a contiguous 5 GHz band of radio frequency spectrum for vehicular radar operations.[1]  The decision implemented in the US a 2015 decision by the International Telecommunications Union (“ITU”) to harmonize such spectrum globally for vehicular radar use, making it possible for such systems to … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation, Technology, Telecoms & Broadband Julie BrillWinston MaxwellMichele Farquhar

Hogan Lovells academic all-stars debate hot tech topics

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading

Posted in Data Protection & Privacy, Telecoms & Broadband

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy Order.  Absent a stay, the rule is set to go into effect on March 2.

The data security rule at issue states in its entirety:

  1. A
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Posted in Data Protection & Privacy, Policy & Regulation Julie Brill

Strengthening international ties can support increased convergence of privacy regimes

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly … Continue Reading

Posted in Data Protection & Privacy Mark BrennanJared Bomberg

FCC Privacy Rules Break New Ground

On November 2, 2016 the Federal Communication Commission’s (FCC) released its long-awaited – and much debated – Report and Order adopting privacy rules for Internet Service Providers (ISPs).  In the Order, the FCC applied the Communications Act’s privacy requirements to broadband Internet access service (BIAS), which it called “the most significant communications technology of today.”

Several of the FCC requirements … Continue Reading

Posted in Digital Single Market (EU), Internet, Policy & Regulation Winston Maxwell

DSM Watch: Hogan Lovells partner discusses net-neutrality at BEREC forum

Below are the remarks of Winston Maxwell at the October 17, 2016 BEREC stakeholder forum in Brussels.

The FCC’s open Internet order and the BEREC guidelines on net neutrality are similar in how they analyze commercial offers by ISPs and practices such as zero rating. Both BEREC and the FCC recognize that commercial practices do not lend themselves to a … Continue Reading

Posted in Internet, Telecoms & Broadband

FCC Commissioners Discuss Issues Ranging from LTE-U to Privacy and Cybersecurity

Three Commissioners from the Federal Communications Commission (“FCC”) found areas of both agreement and disagreement in a wide-ranging discussion at the CTIA Super Mobility conference last week in Las Vegas. The discussion among Commissioners Mignon Clyburn, Ajit Pai, and Michael O’Rielly, moderated by CTIA President and CEO Meredith Attwell Baker, covered LTE-U, the Internet of Things, infrastructure, free data, competition, … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Alexander MaltasTony Lin

A Comparison of the DOJ and FCC Merger Review Processes: A Practitioner’s Perspective

Several recent high-profile mergers in the communications industry have faced scrutiny from multiple U.S. federal agencies.  These transactions, both successful and unsuccessful, have drawn attention to the process by which the U.S. government approves or blocks mergers and acquisitions in the communications and broadband Internet industries.  Parallel investigations by both the Federal Communications Commission and U.S. Department of Justice highlight … Continue Reading

Posted in Internet, Telecoms & Broadband

FCC Chairman Wheeler Charts Course for Successful Deployment of 5G, Calls this an Historic Era for the Wireless Industry

In his keynote speech at the CTIA Super Mobility conference in Las Vegas on September 7, 2016, Federal Communications Commission (“FCC”) Chairman Tom Wheeler said that those in the wireless industry are “not just living history,” but also “writing it.” Focusing on the next generation of wireless technology known as 5G, Chairman Wheeler’s speech addressed both 5G’s potential and the … Continue Reading

Posted in Policy & Regulation

Second Circuit Upholds Dismissal of Set-Top Box Tying Claim against Time Warner Cable

Last week, the U.S. Court of Appeals for the Second Circuit upheld a lower court decision dismissing a class action suit against Time Warner Cable, Inc. that accused the cable company of tying premium cable services to leasing set-top boxes.  In a split decision, the court concluded that the complaint against Time Warner Cable failed to assert facts that, if … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Alexander MaltasMark Brennan

Common Carriers Exempt from FTC Regulation, Ninth Circuit Holds

Last week, a unanimous Ninth Circuit panel issued a significant decision that holds that common carriers are categorically exempt from Section 5 of the FTC Act—even for activities unrelated to common carriage.  See AT&T Mobility LLC. v. Fed. Trade Comm’n, No. 15-16585, 2016 WL 4501685 (9th Cir. Aug. 29, 2016).  This opinion has potentially far-reaching implications for the telecommunications … Continue Reading

Posted in Telecoms & Broadband Alexander Maltas

The Sixth Circuit Strikes Down the FCC’s Preemption of State Restrictions on Municipal Broadband Providers

On August 10, 2016, the Sixth Circuit Court of Appeals overturned a Federal Communications Commission (FCC) Order that had sought to preempt Tennessee’s and North Carolina’s laws restricting local municipalities’ ability to provide broadband service.  The Court found that the FCC had exceeded its statutory authority by preempting state laws without clear authorization from Congress.… Continue Reading

Posted in Telecoms & Broadband

TMT2020: Illuminating Thoughts on 5G – Leveraging Solar Infrastructure Incentives to Deploy Ubiquitous 5G Mobile Broadband Networks

EDITOR’S NOTE:  We are excited to present this entry in our TMT2020 series, which reflects the key technology, media, and telecoms legal issues that are expected to impact today’s organizations and tomorrow’s marketplace. It also provides an opportunity to highlight contributions by TMT associates across our global offices and practice areas.

Today’s smartphones rely on mobile broadband connectivity that is … Continue Reading

Posted in Policy & Regulation, Spectrum

Quiet Down? US Examines Whether Too Much Noise from Modern-Day Products Might Pose a Risk to Wireless Communications

The Federal Communications Commission (“FCC”) is seeking updated information on how the increased adoption of radiofrequency energy-emitting devices is affecting the level of unwanted RF energy emitted from man-made sources (the “spectrum noise floor”).[1]  The FCC’s Technological Advisory Council (“TAC”) has launched a technical inquiry to study changes to the spectrum noise floor over the past two decades, and … Continue Reading