Category Archives: Internet

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Divided FCC Begins Proceeding to Revise Internet Oversight Policy, Reverse Many “Open Internet Order” Decisions

  On May 18, 2017, at the Federal Communications Commission’s (“FCC” or “Commission”) May Open Meeting, the Commission adopted, on a two-one vote, a notice of proposed rulemaking (“NPRM”), titled “Restoring Internet Freedom,” that would negate and replace the Commission’s 2015 Open Internet Order, which the NPRM refers to as the “Title II Order.”  This … Continue Reading

The FCC Deregulates Most Business Data Services

Ending a decade-long examination of incumbent carrier special access and related services, the Federal Communications Commission (Commission or FCC), on April 28, 2017, released a Report & Order (the Order) setting forth a deregulatory framework for business data services (BDS).  The Commission found that, in most instances, BDS – “dedicated point-to-point transmission of data at … Continue Reading

Ninth Circuit Grants FTC Request for Rehearing En Banc of AT&T Throttling Case, Setting Aside Earlier Opinion

On May 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing en banc of the court’s earlier decision to dismiss an FTC case against AT&T Mobility over allegedly “unfair and deceptive” throttling practices in connection with wireless data services provided to AT&T’s customers … Continue Reading

Client Advisory: FCC Explores How to Speed Next Generation Wireline Broadband Deployment in New Proceeding

On April 20, 2017, the Federal Communications Commission (“Commission” or “FCC”) initiated three interrelated proceedings in new WC Docket No. 17-84 that aim to “better enable broadband providers to build, maintain, and upgrade their networks” and transition from legacy copper networks to next-generation networks and services. The docket consists of three interrelated parts: a Notice … Continue Reading

FCC Eases Restrictions on Broadband Deployment Support for Rate-of-Return Carriers; Faces Challenges to Connect America Fund Phase II Auction

As part of its continued focus on accelerating broadband deployment, the Federal Communications Commission (FCC) eased restrictions on its universal service support for deployments by rate-of-return carriers in rural and other high-cost areas.  In a unanimous Order on Reconsideration issued at its April meeting, the FCC found that the restrictions drove providers to exclude high-cost … Continue Reading

FCC Releases Draft of “Internet Freedom” Item in Advance of May Open Meeting

On April 27, 2017, the Federal Communications Commission (FCC or Commission) released the draft text of a notice of proposed rulemaking (NPRM) that would launch a new FCC proceeding (WC Docket No. 17-108) to roll back the Commission’s 2015 Open Internet Order and take steps to “restore Internet freedom” by deregulating broadband Internet access service … Continue Reading

Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order

On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at the Newseum in Washington, D.C., Chairman Pai announced that he would present a Notice of Proposed Rulemaking (NPRM) to reassess many … Continue Reading

FCC Announces the Results of the $19.8 Billion Broadcast Incentive Auction

On Thursday, April 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) announced the results of its broadcast incentive auction.  The FCC raised approximately $19.8 billion through the auction.  While the gross revenues were considerably less than the nearly $45 billion the Commission raised in 2015 from the Advanced Wireless Services 3 (“AWS-3”) auction, … Continue Reading

Client Advisory: Congress Repeals FCC 2016 Privacy Order via Congressional Review Act

On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications Commission (FCC) (the Joint Resolution).  Members of Congress largely voted along partisan lines. The House approved the Joint Resolution by … Continue Reading

3GPP Paves Way for Accelerated 5G Standards Development

During a plenary meeting held March 6-9 in Dubrovnik, Croatia, the 3rd Generation Partnership Project (3GPP) a standards-developing collaboration between groups of telecommunications associations approved an accelerated time frame for the completion of specifications which will facilitate standards-based 5G deployment to begin in 2019 instead of 2020. … Continue Reading

Unpacking the FCC’s Open Meeting: Universal Service Funds, Open Internet and More – February 2017

In February, Chairman Ajit Pai presided over his first major open meeting since becoming chairman, at which the Commission adopted items furthering the FCC’s reverse auctions for Universal Service funding and narrowing the applicability of the Open Internet Order’s transparency requirements.  In this episode of Kelley Drye’s Full Spectrum podcast, Steve Augustino, Avonne Bell, and … Continue Reading

Commission Adopts Long-Awaited Mobility Fund Phase II

On February 23, 2017, during the second open meeting under Chairman Ajit Pai, the Federal Communications Commission (FCC or the Commission) unanimously approved an order launching the long-awaited second phase of the Mobility Fund.  The Mobility Fund offers financial support to service providers to preserve and extend mobile broadband and voice services in unserved and … Continue Reading

Pai FCC Restores and Expands Small Carrier Open Internet Transparency Exemption

On Thursday February 23, 2017, by a 2-1 vote, the Federal Communications Commission (FCC) voted to restore the Small Provider Exemption from the Commission’s Open Internet rules, and to expand the exemption to cover more BIAS providers. In the 2015 Open Internet Order, the FCC adopted enhanced transparency disclosure requirements for Internet service providers by … Continue Reading

FCC Chairman Pai Announces Creation of a Broadband Deployment Advisory Council

Federal Communications Commission (FCC or Commission) Chairman Ajit Pai marked his first open meeting as Chairman by announcing a new Broadband Deployment Advisory Committee (Committee), which is intended to advise the FCC on accelerating the deployment of high-speed internet access in communities across the country.  Designed to make recommendations to reduce and remove regulatory barriers … Continue Reading

Pai FCC’s First Commission-Level Vote Targets Rural Broadband Access

On January 26, 2017, in its first action under the leadership of Chairman Ajit Pai, the Federal Communications Commission (FCC or the Commission) voted to allow the State Of NY to award up to $170 million in Connect America Fund (CAF) fuding to expand broadband access in unserved, rural portions of New York State.  These … Continue Reading

Ajit Pai Selected as Next FCC Chairman

On January 20, 2017, Politico Pro reported that President Trump selected Republican Federal Communications Commission (FCC) Commissioner Ajit Pai to serve as the next permanent FCC Chairman.  According to the report, Commissioner Pai will not need to go through Senate confirmation in order to become Chairman.  Instead, he will simply need the Senate to reappoint … Continue Reading

Wireless Telecommunications Bureau Releases Draft Framework for Analyzing Zero-Rated and Sponsored Data Programs

On January 11, 2017, the Wireless Telecommunications Bureau (WTB or Bureau) of the Federal Communications Commission (FCC or Commission) issued an informal report—“Policy Review of Mobile Broadband Operators’ Sponsored Data Offerings for Zero-Rated Content and Services”—that establishes a draft framework for reviewing mobile broadband providers’ sponsored data and zero-rated offerings and analyzes the zero-rated and … Continue Reading

Sessions Commits to Enforcing USA FREEDOM Act

On Tuesday, January 10, 2017, in his confirmation hearing before the Senate Judiciary Committee, Senator Jeff Sessions, (R., AL), the president-elect’s nominee to lead the Department of Justice (DOJ), said that he intends to follow the USA FREEDOM Act, which prohibits the National Security Agency (NSA) from bulk collection of phone records.  For more on … Continue Reading

FCC Public Safety Bureau Inquires About How to Ensure 5G Network Security

Ahead of the upcoming administration change, the Federal Communications Commission (FCC or Commission) has continued its efforts focused on security and privacy. On December 16, 2016, the FCC’s Public Safety and Homeland Security Bureau (PSHSB or Bureau) released a Notice of Inquiry (NOI) intended to facilitate dialogue and initiate action on the part of the communications … Continue Reading

OMB Approves Enhanced Transparency Requirements for Open Internet Rules as the Small Provider Exemption Expires; Rules Will Go Into Effect January 17, 2017

According to a Public Notice the Federal Communications Commission (FCC) released today, on December 15, 2016, the Office of Management and Budget (OMB), has completed its review of the enhanced transparency rule from the 2015 Open Internet Order. In the 2015 Order, the FCC adopted enhancements to the transparency rule, which covers both content and … Continue Reading

Rhode Island Wants to be the First State to Offer 5G; Releases RFI

The state of Rhode Island plans to be the first state to test and launch next generation 5G networks, seeking to make 5G available to all of its communities.  This past week, Governor Gina Raimondo announced a joint effort by the Public Utilities Commission, Division of Public Utilities and Carriers, and the Office of Innovation … Continue Reading

Client Advisory: The FCC’s Broadband Privacy Order

On Wednesday, November 2, 2016, the Federal Communications Commission (FCC) released the text of its long-awaited Broadband Privacy Order, which it adopted on October 27, 2016. For an overview of the Order, you may read our client advisory here. The practical impact and reach of the rules will not be known for some time, but … Continue Reading

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it. The new rules … Continue Reading

FCC Flexes Muscle: T-Mobile to Pay $48 Million for Failing to Disclose Limits on ‘Unlimited’ Data

Showing that it’s not about to slow down its aggressive enforcement of its open Internet regulations, the Federal Communications Commission (FCC) announced a settlement yesterday resolving claims that T-Mobile USA Inc. (T-Mobile) failed to adequately disclose material restrictions on T-Mobile and MetroPCS data plans that were advertised as “unlimited” from August 2014 to June 2015.  … Continue Reading
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