President Donald Trump issued an Executive Order creating a new multiagency process for Executive Branch review of telecommunications-related applications and licenses involving foreign participation in the telecommunications sector. The newly established Executive Branch committee ostensibly replaces the review currently conducted by an informal, multiagency group known as “Team Telecom.” But the Committee’s mandate includes several novel features that expand the reach and scope of national security review beyond what Team Telecom could accomplish.
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 systems, a peer-to-peer ridesharing company, the Democratic National Committee, hotel chains, city governments, educational institutions, telecommunications and energy utilities, prominent retailers, manufacturers, and even the mobile app of a well-known
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 designed to attest to the authenticity of caller identification data and provide service providers with information to help ensure that calls are not spoofed.
Please join us for our October Events. October 15 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. October 15 Privacy + Security Forum Pete Marta is a speaker on the panel, “Best Practices for Preparing a Ransomware-Related Cyber Incident Response Plan,” at the Privacy + Security Academy’s Privacy + Security Forum. Location: Washington, D.C. October 15 Privacy + Security Forum Tim Tobin is a speaker on the
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 the divergence between the EU and U.S. Panelists will include: – Dr. Jeffrey Eisenach, Managing Director, NERA Economic Consulting – Richard Greenfield, Media & Technology Analyst, BTIG, LLC – Sheri Jeffrey, Partner,
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) Chairman Ajit Pai compares the global race to 5G with World Cup football: “When it comes to 5G, we need to keep the playbook fresh and forward leaning.” Outdated regulations
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 furloughed most staff as the shutdown continues.
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 of the Commission’s Digital Single Market Policy. It is designed to set EU-wide common rules and objectives on how the telecoms industry should be regulated. The Commission’s aim has been
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. A single publication cannot analyze every issue in detail – we do that elsewhere. But we hope this will help you to plot some key features on the map of
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 the areas of platforms, e-commerce, the draft AVMS Directive, the copyright reforms, privacy and telecoms. If you missed it you can read the highlights below or watch the recorded webinar
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 corporate leaders from some of the world’s most formidable players in the telecommunications sector, gathered at the Washington D.C. Ritz Carlton for a strategic legal summit. Nationalism represents a rapidly
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 calls as nuisance, with many not answering or hanging up soon after. Considering public sentiment towards P2P calls, the Hong Kong Commerce and Economic Development Bureau (“CEDB“) recently launched a public consultation
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 their radio equipment products on that market, provided they were compliant with either RED or the R&TTE Directive. This transitional period ended on 12 June 2017. Any radio equipment brought to
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: A telecommunications carrier must take reasonable measures to protect customer proprietary information from unauthorized use, disclosure, or access. The security measures taken by a telecommunications carrier to implement the requirement set forth
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 and Canon show that not all firms need to end up like Blockbuster. The main challenge, however, is that a disruptive product may initially be of inferior quality to existing
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 prohibited transactions with sanctioned countries, or re-export U.S. origin items to prohibited destinations, end users, or end uses. In an interconnected world, even companies that primarily provide products and services
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 regulatory and from a competition law perspective. Bundling can primarily occur in two ways. The first is known as “pure bundling”. Pure bundling is when two products can only be
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 quality and availability of communications services in the UK. Ofcom’s initial conclusions pointed towards concerns about Openreach, the division of BT that maintains the UK’s largest phone and broadband network
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 must be able to benefit from some protection against competition from the seller. However, non-compete clauses only comply with antitrust/competition laws when their geographical scope, duration, subject matter and the
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 the full D.C. Circuit court or the Supreme Court. The ruling has also renewed calls for congressional action on net neutrality. For now, the court’s decision paves the way for
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 unlocking new innovation or a risky drag on investment? Do we need common spectrum assignments to scale deployment or can technically agile radios manage a pastiche of spectrum allocations? Will
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 come without restrictions. In its over 300-page order, the FCC imposes several behavioral conditions on New Charter, including: Requiring New Charter to interconnect with qualifying companies on a settlement-free basis; Preventing New Charter
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 harbor for complying with the enhanced Open Internet transparency requirements that the FCC adopted in March 2015. The consumer broadband labels could provide broadband providers with a convenient method of
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 four years of arduous negotiations over the General Data Protection Regulation (“GDPR“). Data protection reform is a key part of the comprehensive Digital Single Market Strategy launched by the European Commission in May 2015