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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 Mark BrennanArpan Sura

U.S. Supreme Court Finds TCPA’s Federal-Debts Exemption Unconstitutional; Leaves Rest of TCPA Intact

On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection Act (TCPA) for the past several years. In a badly fractured opinion featuring multiple concurrences and dissents, a majority of the Court held that … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan 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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michele FarquharAri FitzgeraldTrey HanburyArpan Sura

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

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

Posted in Policy & Regulation, Telecoms & Broadband Trey HanburyArpan Sura

President Trump Signs Bipartisan Broadband Mapping Law

On March 23, 2020, President Trump signed the Broadband Deployment Accuracy and Technological Availability (DATA) Act. The law requires the Federal Communications Commission (FCC) to collect and disseminate more granular data about the availability of broadband service and to establish processes to ensure data accuracy.

The legislation comes in response to commentary about the FCC’s broadband coverage maps and … Continue Reading

Posted in Telecoms & Broadband Mark BrennanArpan Sura

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

Health care providers and government officials have more clarity regarding the ability to place certain calls and texts about the novel coronavirus, thanks to recent action by the Federal Communications Commission (FCC).

On March 20, 2020, the FCC released a Declaratory Ruling confirming that the pandemic caused by the novel coronavirus qualifies as an emergency under the Telephone Consumer Protection … Continue Reading

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

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan SuraJohn Castle

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

Slowly but surely, 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”). On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Michele FarquharArpan Sura

Kari’s Law Compliance Obligations Begin February 16, 2020

Kari’s Law, signed into law on February 16, 2018, requires organizations that use multi-line telephone systems (MLTS) to provide callers with the ability to dial 911 directly from any telephone in the system. MLTS are often used in hotels, office buildings, corporate and educational campuses, and other enterprises. As a result, a wide variety of organizations will be impacted … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan Sura

Eleventh Cir. Rejects Broad Reading of “Autodialer”

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system” (ATDS or autodialer). In recent years, imprecise statutory phrasing and the Federal Communication Commission’s … Continue Reading

Posted in Technology, Telecoms & Broadband 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 … Continue Reading

Posted in Data Protection & Privacy, Telecoms & Broadband Mark BrennanArpan SuraKathryn 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 … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanArpan SuraJohn 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 … Continue Reading

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