On March 24, 2023, in Consumers’ Research v. FCC, the U.S. Court of Appeals for the Fifth Circuit issued a Decision (No. 22-60008) upholding the constitutionality of Congress’s delegation of administration of the Universal Service Fund (USF) to the FCC and the FCC’s subsequent reliance on Universal Service Administrative Company (USAC) for support USF
FCC Open Meeting Recap: March 2023 Part 1
On today’s episode of Full Spectrum, Hank Kelly will be discussing the FCC’s adopted order to block spam texts and another order intended to improve caller ID authentication. Second, special counsel Mike Dover will cover the FCC’s issuance of a Further Notice of Proposed Rulemaking which proposes to expand audio description requirements.
Listen to the
FCC Open Meeting Recap Podcast: March 16, 2022
Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th
Join Kelley Drye at the 2021 INCOMPAS Show
Partner Hank Kelly will present “The Path to a Fully Connected America: Strategies for Expanding Broadband Access and Affordability” during The 2021 INCOMPAS Show’s Policy Workshop on October 25th. Getting and keeping Americans connected has become a priority for policymakers and industry leaders alike. The increased importance of broadband in the wake of the pandemic
Proposed Wireless Infrastructure Item Clarifies Rules Concerning Local Reviews to Speed 5G Deployments
A draft Declaratory Ruling and Notice of Proposed Rulemaking (“NPRM”), if adopted, would clarify the agency’s 2014 rules governing the process state and local governments use to review deployments of new antenna and equipment on existing wireless infrastructure and seek comment on a related proposal concerning excavations for such expansions. The clarifications, which are meant to speed the deployment of 5G infrastructure, largely mirror those sought in a pair of petitions for declaratory ruling filed by the Wireless Infrastructure Association (“WIA”) and CTIA in the fall of 2019. Those petitions allege that despite the 2014 rules, states and localities continue to erect barriers that slow their ability to add new facilities to existing infrastructure. In comments on the petitions, states and localities contend that they are substantially complying with the rules and that any delays are caused by applicants or their contractors. However, the FCC apparently plans to move forward with adopting most, though not all, of the industry group clarification requests.
For those who have been following the FCC over the past three years under Chairman Pai’s leadership, the draft item builds on the agency’s multifaceted effort to pave a clear path for the private sector to deploy 5G technologies. Prior efforts include repurposing low-, mid-, and high-band spectrum for mobile wireless operations, reducing the circumstances under which wireless infrastructure deployments must undergo federal historic preservation and environmental reviews, and preempting states and localities from using review processes to slow the deployment of small cells.
The agency is set to vote on the item at its June 9, 2020, open meeting.
What to Expect at the FCC’s July 2017 Open Meeting
Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017. Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items. Indeed, for the sixth month in a row, the Commission has six or more items on its agenda. This month, the agenda consists of eight items, two Notices of Proposed Rulemaking, two Notices of Inquiry, two Reports and Orders, and one Order on Reconsideration.
Each agenda item is summarized below. Note: these brief summaries are based on draft items, which may differ from the final items released following the Open Meeting. Please check with Kelley Drye after the meeting for more information on the items below.
Continue Reading What to Expect at the FCC’s July 2017 Open Meeting
Chevron: Too Much Deference or Just Enough?
When the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s 2015 Open Internet Order in June, it extensively applied Chevron deference in its decision. The controversial case has re-ignited the debate about whether Chevron provides too much deference to federal agencies, even as they are left applying aging statutes
Kelley Drye to Host Regulatory Workshop at COMPTEL PLUS Spring 2014 Convention
On March 19, 2014, Kelley Drye will host a free, half-day workshop, at the COMPTEL PLUS Spring 2014 Convention & EXPO in Las Vegas, NV. The workshop is designed to help service providers identify new opportunities as changes in technology, the marketplace, and the regulatory environment continue to disrupt existing business plans. Entitled “The
FCC Will Examine Transition to All-IP Networks through Voluntary Service-Based Experiments and Rural Broadband Trials
Today, the FCC adopted a series of steps intended to solicit proposals from communications providers to conduct service-based experiments to explore the transition to all-Internet Protocol (“IP”) networks. Chairman Wheeler described today’s actions as “a big deal” and “an important moment.” He and the other Commissioners emphasized that the experiments would be completely voluntary, will
DC Circuit Court Vacates Significant Portions of the FCC’s Net Neutrality Obligations
On January 14, 2014, the DC Circuit Court of Appeals partially vacated the FCC’s net neutrality rules applicable to Internet access providers, while affirming the conclusion by the FCC that it has jurisdiction to regulate the Internet to promote broadband infrastructure investment and to promote competition. Verizon v. Federal Communications Commission ____ F.3d ___ (D.C.