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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 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

Posted in Deal Trends, Policy & Regulation, Spectrum, Technology, Telecoms & Broadband Michele FarquharTrey HanburyRyan Thompson

FCC Avoids Shutdown For Now, But Continued Threat Looms Over TMT Sector

The federal government is open.  But less than three weeks remain under the current reprieve and another shutdown seems possible.  Although the Federal Communications Commission tapped on-hand fees to support uninterrupted operations earlier this week, the FCC will start to run out of time – and money – if the stalemate over the budget continues and another shutdown occurs.

How … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), Drones, Internet, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsWinston MaxwellMichele Farquhar

TMT Horizons 2018

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

Posted in Spectrum, Telecoms & Broadband Sarah K. Leggin

Focused on 5G: Wireless Telecommunications Bureau Chief Don Stockdale Delivers Keynote Address on Top Issues Before the FCC

In his keynote address at the 6th Annual Winnik Forum, Don Stockdale, the FCC’s new Wireless Bureau Chief, described the primary issues he faces as promoting innovation, making more spectrum available for commercial use, and expanding the deployment of wireless networks.  Don began his appointment in June 2017, but has extensive experience as an economist and attorney in both the … Continue Reading

Posted in Telecoms & Broadband Sean Spivey

Telecom Convergence: Nirvana or Nightmare?

I’m currently watching a wonderful new show called “The Marvelous Mrs. Maisel,” on Amazon Prime.  It’s a comedy about a recent divorcee in Manhattan in the early 1960s who decides to become a stand-up comedian.  As I’m watching the show my thoughts drift to the magnitude of difference between the fictitious Midge Maisel watching Bob Newhart on her 1960s-era television … Continue Reading

Posted in Telecoms & Broadband

Tom Sullivan Reflects on His Role as International Bureau Chief

During his remarks at the Winnik Forum, International Bureau Chief Tom Sullivan reflected on the challenges and opportunities of his role as the United States’ top communications diplomat.  “Everyone wants to know what the FCC is doing,” he said.  This interest affords the United States, and the FCC, significant opportunities to exert influence on the most pressing issues at the … Continue Reading

Posted in Telecoms & Broadband Alexander MaltasWesley Platt

FCC Commissioners Debate Adjustments to Merger Review Standard

In the first major transaction approval under Ajit Pai’s Chairmanship, the Federal Communications Commission (“FCC”) recently approved, subject to targeted, transaction-specific conditions, license and authorization transfers in connection with CenturyLink’s $34 billion acquisition of Level 3.  The FCC’s recitation of its merger review standard in its order (the “CenturyLink-Level 3 Order”) differed somewhat from the description of the standard … Continue Reading

Posted in Telecoms & Broadband Mark BrennanWesley Platt

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and Order, which had purported to clarify several issues around the agency’s TCPA rules.  As explained below, this continuing trend is one of many reasons that Congress and the … Continue Reading