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Tag Archives: FCC

Posted in Spectrum, Telecoms & Broadband Ari Fitzgerald

Update on FCC 5.9 GHz band rule-making

On May 14, 2019, Federal Communications Commission (FCC) Chairman Ajit Pai announced plans to open a rule-making to take a “fresh look” at the 5850-5925 megahertz (MHz) (5.9 gigahertz (GHz)) spectrum band. Initial reports suggested that the FCC would take the issue up in June, but the 5.9 GHz rule-making was not included on the tentative agenda for the commission’s … Continue Reading

Posted in Consumer Privacy, Data Protection & Privacy, Policy & Regulation, TMT2020 Mark BrennanSean Spivey

Commerce Secretary Ross to FCC: Overbroad TCPA Rules Could Have a “Devastating” Impact on Federal Agencies and the 2020 Census

As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate Congressional districts, allocate public funding, and deliver critical public services. But the government’s ability to conduct the upcoming Census is under threat from an … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Winston MaxwellMark BrennanArpan Sura

Study shows complexity and uncertainty of IoT regulation in Europe

A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. The number of telecoms regulatory constraints affecting IoT in the EU is almost twice as high as in the United States and China. Federal Communications Commission (FCC) … Continue Reading

Posted in Policy & Regulation, Technology Tony LinSarah K. Leggin

A Big Year for Smallsats: Conference Highlights Optimism and Diversity in the Growing Industry

Last month, the smallsat community gathered in Silicon Valley for the 2019 Smallsat Symposium. The conference featured leading innovators, experts, and entrepreneurs in the industry who discussed their achievements and the expanding opportunities for funding, launch, and partnerships. Mike Safyan, VP Launch for Planet Labs, gave an inspiring keynote address describing Planet’s victories and challenges in its first … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Trey Hanbury

Government Shutdown Limits FCC Operations to Safety-of-Life and Spectrum Auction Activities

The federal government shutdown that began at midnight December 29, 2018 shows no sign of ending soon. The Federal Communications Commission tapped on-hand funds to continue operations uninterrupted but ran out of time – and money – last week.

The FCC earlier issued a statement that the agency had enough funding to remain open through January 2, 2019, but has … Continue Reading

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband Trey HanburyTom PetersSasha Javid

28 GHz Auction Nears Conclusion

The U.S. Federal Communications Commission auctions wireless broadband spectrum to the highest bidders, and the agency’s latest spectrum auction continues to march toward a conclusion.

Auction 101 is the first of several auctions offering high-frequency “millimeter wave” spectrum that the Federal Communications Commission has committed to hold in 2018 and 2019. At the close of bidding in Round 78 Tuesday, … Continue Reading

Posted in Policy & Regulation Ari FitzgeraldSarah K. Leggin

2018: A Space Odyssey – FCC and NASA Herald New Era of Market Friendly Space Policies

On November 8, 2018, FCC Chairman Ajit Pai highlighted the agency’s jam-packed agenda on space and satellite regulation at the Hudson Institute’s “Space 2.0” event in Washington, D.C. In his remarks, he discussed the FCC’s renewed focus on space and satellite policy, and its efforts to promote innovative, commercial technologies through a market-based approach. Thomas E. Cremins, NASA’s Associate Administrator … Continue Reading

Posted in Technology, Telecoms & Broadband Ari FitzgeraldSarah K. Leggin

New Discoveries from Galileo? FCC Grants non-Federal Access to Revolutionary European Satellite

At its Open Meeting on November 15, the FCC approved a draft Order that grants in part the European Commission’s (EC) long-pending request for waivers of certain FCC licensing requirements to permit non-Federal U.S. receive-only earth stations to operate with specific signals of the Galileo satellite system (Galileo) without having to obtain an FCC license or grant of US … Continue Reading

Posted in Telecoms & Broadband Mark BrennanArpan Sura

Eighth Circuit Finds that Bare “Technical Violations” of the TCPA Do Not Establish Standing

In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does not give a plaintiff Article III standing to bring a Telephone Consumer Protection Act (“TCPA”) claim.

The Eighth Circuit’s decision requires that the alleged injury be “traceable” to statutory … Continue Reading

Posted in Licensing, Policy & Regulation, Technology Tony Lin

Smallsat Association Trailblazes Regulatory Path for Smallsat Operators

For many smallsat operators, solving difficult technical problems is the easy part of the mission; obtaining regulatory approvals is the hard part. The Commercial Smallsat Spectrum Management Association (CSSMA) is working to change that.

CSSMA is dedicated to creating a transparent and expedited spectrum coordination process through educational outreach, sharing best practices, and regulatory advocacy. CSSMA formally incorporated a year … Continue Reading

Posted in Telecoms & Broadband Trey HanburySarah K. Leggin

FCC Launches $100 Million Telehealth Pilot Program

On August 2, 2018 the FCC unanimously adopted a Notice of Inquiry (“NOI”) seeking comment on creating the “Connected Care Pilot Program,” a Universal Service Fund (“USF”) pilot program. The program aims to improve health outcomes and reduce healthcare costs by promoting broadband-enabled telehealth service adoption among low-income families, particularly in rural, unserved, or underserved parts of America, as well … Continue Reading

Posted in Internet, Policy & Regulation, Telecoms & Broadband Logan BreedTrey HanburyAlexander MaltasDaniel Graulich

The FTC’s role in monitoring broadband markets following the FCC’s adoption of the Restoring Internet Freedom Order

Amid the ongoing discussion surrounding “net neutrality,” the FTC’s role in overseeing broadband Internet access service (BIAS) has received increasing scrutiny following the recent passage of the FCC’s Restoring Internet Freedom Order (“RIF Order”). Several recent developments indicate that, although the Federal Communications Commission (FCC) will continue to have a shared role in monitoring broadband markets, the Federal Trade Commissions … Continue Reading

Posted in Deal Trends

A changing landscape? What AT&T/Time Warner means for future deals

In one of the most significant antitrust cases in recent years, AT&T won the right to merge with Time Warner when Judge Richard Leon ruled in their favor yesterday.

AT&T and Time Warner announced their merger in October 2016. The merging parties touted the synergies that they could achieve by combining AT&T’s distributional power with Time Warner’s unique content.

After … Continue Reading

Posted in Drones Mark BrennanLisa EllmanTrey Hanbury

No Fly Zone: FCC Proposes $2.8 Million Penalty for Marketing Non-Compliant Drone AV Accessories

The Federal Communications Commission is proposing to bring a $2.8 million penalty against HobbyKing for marketing drone-attachable audio/video (AV) transmitters that operate on unauthorized frequencies.

For marketers and retailers of unmanned aircraft systems (“UAS”) and attachable devices, this penalty signals that the FCC is cracking down on the makers and marketers of noncompliant UAS and UAS-attachable devices. This penalty also … Continue Reading

Posted in Telecoms & Broadband Mark BrennanArpan Sura

FCC Seeks to Refresh the TCPA Record

Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board in a new Public Notice that seeks comment on foundational TCPA issues.

In March, the D.C. Circuit struck down the FCC’s 2015 interpretation of … Continue Reading

Posted in Technology Tony LinSarah K. Leggin

FCC set to initiate “small satellite” Notice of Proposed Rulemaking

On 27 March 2018, the FCC released a draft of its Notice of Proposed Rulemaking (NPRM) (which was adopted on 17 April 2018) seeking comments on proposals to streamline the licensing process for “small satellites,” more commonly known as “smallsats.” By initiating this proceeding, which has been long-anticipated by the smallsat community, the FCC will be recognizing the growing … Continue Reading

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

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