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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, Telecoms & Broadband 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 … Continue Reading

Posted in Policy & Regulation, Spectrum, Telecoms & Broadband 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 Continue Reading

Posted in Technology, Telecoms & Broadband Tony LinGeorge 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 … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, privacy and security litigation, Telecoms & Broadband Mark BrennanAdam CookeAlicia PallerJoseph 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 Continue Reading

Posted in Technology, Telecoms & Broadband Peter WattsMichele 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 … Continue Reading

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 Spectrum, Technology, Telecoms & Broadband Tony LinGeorge 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 in connection with Satellite Week 2019. 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 Continue Reading

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 … 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, 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 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 Policy & Regulation, Telecoms & Broadband Mark Brennan

Bills Introduced to Amend the Telephone Consumer Protection Act

Both Chambers of Congress are considering legislation that would amend the Telephone Consumer Protection Act (“TCPA”).  Introduced in the House by Congressman Pallone (H.R. 6026) and in the Senate (S. 3078) by Senator Markey, the Stopping Bad Robocalls Act adds a new definition, “robocall,” in place of “automated telephone dialing system.”  The new term would include devices that make calls … 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 Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsPenny Thornton

The Brexit White Paper: A digital Brexit?

The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit.

As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK.   So what does the Government have to say about sector?

The White Paper’s distinguishes Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanMichele Farquhar

RICO Complaint Settlement Highlights TCPA Abuse by Plaintiffs’ Law Firms; Serial Plaintiffs and Cy Pres Awards Continue to Flourish

As the number of frivolous Telephone Consumer Protection Act (“TCPA”) class actions continues to grow unabated, the potential rewards have even led to alleged criminal activity by plaintiff firms seeking to game the system.  A recently settled Racketeer Influenced and Corrupt Organizations Act (“RICO”) complaint showcases a particularly egregious series of allegations that several plaintiffs’ law firms conspired with other … 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 Digital Single Market (EU), Policy & Regulation, Telecoms & Broadband Angus CoulterAlice Wallace-Wright

Communications and competition: we’ve got the tools for the gigabit society

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

Posted in Internet, Technology, Telecoms & Broadband

Over-the-air software updates for IoT devices present companies with product liability and safety opportunities — and challenges

Mobile devices within the Internet of Things (IoT) are continuously benefitting from rapid technological advancements. And once those devices are sold to consumers, over-the-air (OTA) software updates ensure they can be modified to stay current with new capabilities. Consumer electronics companies can remotely change product features, deliver messages or warnings, identify safety-related activities, gather data, and solve issues.

But OTA … 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 e-commerce, Internet, Technology, Telecoms & Broadband

Italy: Double score at TopLegal Industry Awards

We are excited to announce our awards in the two categories below in Tuesday’s TopLegal Industry Awards.

Best Technology Lawyer of the Year – Marco Berliri

“Among the Italian industry sector greater experts“

Best Pharmaceutical Law Firm of the Year

“A team with an outstanding patent litigation track record“

These awards are testament to our holistic, collaborative approach and … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michelle KisloffPaul OttoJoe Vladeck

Hogan Lovells Represents Sears in First-Ever Modification to FTC Privacy Consent Order, Clarifying FTC Expectations for Data Collection in Mobile Applications

The U.S. Federal Trade Commission has approved Sears Holdings Management Corporation’s request to amend the terms of Sears’ 2009 consent order (the “Order”) in a manner that helpfully clarifies the lead U.S. privacy regulator’s views of notice and consent in the marketplace for mobile applications (“mobile apps”). After reviewing Sears’ petition and public comments, the Commission agreed with Sears that, … Continue Reading