Recent developments have positioned the Executive Branch to exert greater influence over the U.S. telecommunications sector. On April 4, 2020, President Donald Trump issued an Executive Order creating a new process for Executive Branch review of telecommunications-related applications and licenses involving foreign participation. The new procedures replace the review currently performed by an informal, multiagency group known as “Team Telecom.” … Continue Reading
Recent developments reinforce the urgent need for general counsel and legal departments to deepen their focus on cybersecurity. In today’s environment, any organization can be the target of a cyberattack, regardless of industry, size, or geographic footprint. Indeed, in just the past few years, a variety of cyber adversaries have attacked financial institutions, social media sites, a movie studio, hospital … Continue Reading
On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls.
The law requires telecommunications service providers to implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols by January 1, 2021. These protocols are … Continue Reading
Please join us for our October Events.
Privacy + Security Forum
Bret Cohen is a speaker on the panel “The Notice Trap: When and How to ‘Inform,’ Provide ‘Explicit Notice,’ and ‘Disclose’ Under the CCPA” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.
Join us on Wednesday, April 3 for the Hogan Lovells Winnik International TMT Forum. Our annual event reviews new and exciting international developments across various technology, media, and telecommunications industries.
This year’s program will feature a fireside chat with Makan Delrahim, Assistant Attorney General, Department of Justice, Antitrust Division and also a panel discussion on media and technology convergence and … Continue Reading
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
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.
Since the announcement on 6 June that the Council and European Parliament had reached agreement on the draft Directive establishing the Electronic Communications Code (the “Code”), the communications and competition communities have been on tenterhooks to see what the final version of the text contains.
The draft Code has been in the pipeline for almost two years and is part … Continue Reading
2018 will be another dramatic year for TMT. Our job is to help TMT businesses to chart a course through by bringing together the insights of over 800 lawyers who focus on the sector across six continents. That is why we have asked some of our top thinkers globally to provide a snapshot of their vision for the coming year. … Continue Reading
On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the DSM strategy and key forthcoming developments. The team held a webinar on the status of the strategy and what to expect in 2018 in … Continue Reading
The corrosive effects of rising nationalism and the sheer complexity of conducting business on a global scale has made leading tech executives concerned about their companies’ ability to trade freely and secure the regulatory and other government approvals they need to compete successfully. These and other issues surfaced during a candid hour-long discussion between Hogan Lovells’ counsel Tom Sugrue and … Continue Reading
Businesses may often use peer-to-peer (“P2P“) telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so welcomed by customers in Hong Kong. A 2015 government consultancy study in Hong Kong reports that an overwhelming 96% of call recipients considered such … Continue Reading
The new EU Radio Equipment Directive 2014/53/EC (“RED”) applies to all radio equipment, such as products with mobile communication, Bluetooth or WiFi. It is replacing the former EU Directive on Radio and Telecommunication Terminal Equipment 1999/5/EC (“R&TTE Directive”).
RED has been applicable since 13 June 2016 but provided a one-year transitional period, during which companies were allowed to continue placing … Continue Reading
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:
Your recent book “The Disruption Dilemma” examines how disruption can destroy even the best managed corporations. The case studies in your book – the mobile phone industry disrupted by Apple, Blockbuster’s store-based video business disrupted Netflix – show that disruption is not a single phenomenon, and that there’s no single strategy for dealing with it. The case studies involving Fujifilm … Continue Reading
Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws affect their operations. For instance, telecommunications companies can inadvertently breach export control or economic sanctions laws when critical suppliers are designated on U.S. or non-U.S. government restricted parties lists, engage in … Continue Reading
At the Body of European Regulators for Electronic Communications (BEREC)’s annual stakeholder forum in Brussels, bundling in the telecom sector came under the spotlight, and in particular some questions were aimed at whether “bundled” offers were legal.
On the occasion of the BEREC forum, we thought it useful to revisit European rules on bundling which are relevant both from a … Continue Reading
Ofcom’s announcement of plans to make Openreach a “legally separate” company within BT have been met with muted cheers from some in the telecoms world, while others caution that the proposals do not go far enough to ensure the UK gets the investment it needs.
In February of this year, the regulator set out a ten-year vision for ensuring the … Continue Reading
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
In a major victory for the Federal Communications Commission’s democratic majority, the U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order on June 14, 2016. The 2-1 decision by the D.C. Circuit Court of Appeals likely is not the last word on net neutrality because broadband service providers will very likely pursue rehearing from … Continue Reading
Regulators in the European Union and United States are racing to rewrite telecom rules for a host of new technologies ranging from over-the-top voice to ultra high-speed wireless broadband. But does the regulatory mantra of “new rules for new times” represent the foundation of the new digital economy or its undoing?
Are regulations mandating an open internet the key to … Continue Reading
On May 10, 2016, the Federal Communications Commission (“FCC”) released its Memorandum Opinion and Order approving Charter Communications Inc.’s (“Charter”) acquisition of Time Warner Cable Inc. The merged entity, called “New Charter,” will be the second-largest broadband provider with 19.4 million users, and the third-largest cable television provider with 17.4 million customers. The approval of the merger, however, did not … Continue Reading
On April 4, 2016, the Federal Communications Commission (FCC), in collaboration with the Consumer Financial Protraction Bureau, unveiled standardized consumer broadband labels that will list information about the price and performance of fixed and mobile broadband service. While the FCC will not require broadband providers to adopt the broadband labels, the FCC explained that the labels will provide a safe … Continue Reading
On 12 April 2016, the European Commission launched a public consultation (the “Consultation“) on the ePrivacy Directive (2002/58/EC; the “epD“). Interested parties who wish to participate have until 5 July 2016 to submit responses to the Commission’s 33 questions.
The Consultation marks the next step in European data protection reform, arriving shortly after policymakers finally completed … Continue Reading