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

Category Archives: Telecoms & Broadband

Posted in Policy & Regulation, Technology, Telecoms & Broadband

Election 2020 Snapshot: Helping our technology and telecom clients make sense of the U.S. election results

An overhaul of tech antirust policy? Increased telecommunications regulations coupled with expanding telecoms infrastructure? Business as usual for Committee on Foreign Investment in the United States (CFUIS) investigations? We explore these questions and more in our analysis of the Biden administration’s potential approach to technology and telecommunications policy. Click here to read more

Posted in Spectrum, Telecoms & Broadband Photo of Trey Hanbury

Partner Trey Hanbury interviews T-Mobile’s Steve Sharkey

Hogan Lovells partner Trey Hanbury enjoyed a lively and frank conversation with Steve Sharkey, Vice President of Government Affairs, Engineering and Technology Policy at T-Mobile as part of the 2020 INCOMPAS Show. The interview covered T-Mobile’s running start on 5G broadband deployment following the company’s merger with Sprint, insight into T-Mobile’s plans for meeting its commitments under the merger agreement, and the outlook for 5G deployment in the US. INCOMPAS has made the entire interview available on video, and we offer a few highlights of the conversation here. T-Mobile is

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Second Circuit Panel Sides with Ninth Circuit on What Qualifies as an Autodialer

A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act (TCPA). On April 7, 2020, a Second Circuit panel joined a Ninth Circuit panel in adopting a broad reading of the statutory definition of “automatic telephone dialing system” (ATDS), commonly referred to as an autodialer.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Michele FarquharPhoto of Ari FitzgeraldPhoto of Trey HanburyPhoto of Arpan Sura

Executive Order Creates Committee to Replace “Team Telecom” Review of Foreign Telecom Investments

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.

Posted in Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

FCC Confirms that Certain COVID-19 Communications Fall Within the TCPA’s “Emergency Purposes” Exception

Hospitals, health care providers, health officials, and other government officials may use automated calls and text messages to communicate information about COVID-19 when “necessary to protect the health and safety of citizens,” without violating the TCPA.  The FCC released the Declaratory Ruling on its own motion, without being prompted to do so by a regulated party.

Posted in Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Caitlin Weeks

Connection vs Contagion – A digital world amplifies risk and opportunity when the going gets tough

As COVID-19 erupts with unprecedented speed and scale and immediate health concerns hold centre stage, concern grows about economic fallout threatening millions of livelihoods. This crisis will be different The coming economic crisis will be very different from any that has come before. One reason is the nature of the trigger – impacting both production and consumption, disproportionately affecting activities involving physical human contact and generating real fear. But the coming months will also highlight ways in which underlying changes since the crisis of 2008/9 have created new areas of

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan SuraPhoto of John Castle

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

The U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). The Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Eleventh Cir. Rejects Broad Reading of “Autodialer”

The key issue is how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system.” The Eleventh Circuit panel’s decision in Glasser rejects that trend, joins the D.C. Circuit in adopting a much narrower view of the TCPA’s scope, and establishes a clear circuit split with the Ninth Circuit.

Posted in Technology, Telecoms & Broadband Photo of Trey Hanbury

What I’m Watching For at #CES2020

I’m headed to #CES2020 this week with a backup battery, comfortable shoes, and a lot of questions. After eyeing the new televisions and fancy cars, I intend to focus on learning more about the following areas: 5G. Each of the major wireless operators has their own blend of frequencies and their own conception of what will move consumers to take advantage of an immensely more capable and robust wireless 5G NR technology platform. How are the carriers using their preexisting technology choices and spectrum mixes to capture market share and

Posted in Data Protection & Privacy, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan SuraPhoto of Kathryn Marshall Ali

Webinar | New TRACED Act and Robocall Year in Review: What you need to know

It was a very busy year on the robocall front, and on 30 December 2019, President Trump signed into law the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House and Senate passed by wide, bipartisan margins earlier this year. The TRACED Act is the most significant robocall legislation in years. It requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts. Among

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan SuraPhoto of John Castle

Congress Passes Bipartisan Robocall Legislation

On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier this month.  With the Senate’s passage of the reconciled bill, the bipartisan legislation now heads to President Trump’s desk for his review. The Pallone-Thune TRACED Act requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts. 

Posted in Policy & Regulation, Telecoms & Broadband Photo of Arpan Sura

Defense Department and FCC to Collaborate on 5G Testbeds

On October 23, 2019, the U.S. Department of Defense announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the U.S. Federal Communications Commission.  Lisa Porter, Deputy Undersecretary of Defense for Research and Engineering, revealed the Defense Department’s plans during an appearance at Mobile World Congress (MWC) in Los Angeles with FCC Chairman Ajit Pai and Diane Rinaldo, Assistant Secretary of the National Telecommunications and Information Administration (NTIA).  Both Porter and Pai heralded the project, known as Defense Next Generation Information Communications Technology,

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband Photo of Trey Hanbury

FCC Announces Participants in Auction 103

In a Public Notice released October 7, 2019, the Federal Communications Commission (FCC) announced the status of the 39 short-form applications for Auction 103, which is scheduled to begin on December 10, 2019. Auction 103 will offer 14,144 licenses covering some 3,400 megahertz of spectrum in the Upper 37 GHz, 39 GHz, and 47 GHz bands. The FCC announced 29 complete and 10 incomplete applications for Auction 103. All applicants with complete applications will become qualified bidders upon receipt by the FCC of the required upfront payment by October 22,

Posted in Technology, Telecoms & Broadband Photo of Tony LinPhoto of George John

Smallsat 2019 Highlights 2020 Could Shake out the Smallsat Industry on Multiple Fronts

On August 3-8, the small satellite (“smallsat”) community flocked to Logan, Utah for Smallsat 2019. The conference drew nearly 3500 participants representing more than one thousand organizations and forty-five countries. The attendees included smallsat operators, ground-station-as-a-service providers, launchers and launch integrators, component manufacturers, students, enthusiasts, and even some attorneys. In addition to the noticeable increase in attendance, a few other themes, highlighted below, jumped out. Orbital debris mitigation continues to dominate conversation The keynote by OneWeb’s Greg Wyler set the initial tone: companies should be focusing on satellite reliability and not

Posted in Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation, Telecoms & Broadband Photo of Mark BrennanPhoto of Adam CookePhoto of Alicia PallerPhoto of Joseph J. Cavanaugh

Ill-Suited: Private Rights of Action and Privacy Claims

“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of allegations or evidence of concrete harm, this litigation trend shows no sign of abating.” The U.S. Chamber of Commerce Institute for Legal Reform has published “Ill-Suited: Private Rights of Action and Privacy Claims,” a white

Posted in Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Michele Farquhar

TMT Horizons 2019: Dynamism of TMT sector set to continue

Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving consolidation and restructuring. Regulators rush to respond, radically reshaping the environment. These trends show no sign of slowing down. This year’s TMT Horizons includes 22 short articles contributed by our lawyers around the globe, focusing on trends and issues our clients are facing and the fact that the intersection between the inherent dynamism of the sector and the increasing challenges to unchecked globalization will dominate the next chapter for TMT. Click

Posted in Spectrum, Telecoms & Broadband Photo of 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 June open meeting. Chairman Pai delayed the rule-making at the request of U.S. Transportation Secretary Elaine Chao. The FCC has not provided a timeline for the rule-making, but we expect

Posted in Spectrum, Technology, Telecoms & Broadband Photo of Tony LinPhoto of George John

2019 CSSMA-SFCG Workshop, Pre-Coordination Meetings with Federal Agencies, and other Satellite Week Events

In May 2019, the Commercial Smallsat Spectrum Management Association (CSSMA) hosted two groundbreaking events at the Hogan Lovells Washington DC office. The first was a series of scheduled company-specific, pre-coordination meetings with federal agencies and operators designed to facilitate the shared use of spectrum. The second was a spectrum workshop with the Space Frequency Coordination Group (SFCG). The events are part of CSSMA’s continuing efforts to facilitate discussion, growth, and education in the smallsat industry both in the United States and abroad.

Posted in Telecoms & Broadband

Join Us for the 2019 Winnik International TMT Forum

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,

Posted in Internet, Policy & Regulation, Telecoms & Broadband Photo of Winston MaxwellPhoto of Mark BrennanPhoto of Arpan 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) 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.”[1] Outdated regulations