Hank Kelly

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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 … Continue Reading

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 … Continue Reading

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 Next … Continue Reading

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 … Continue Reading

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. … Continue Reading

Courts Continue to Strictly Interpret the Preemptive Scope of Tower Siting Rules

The Telecommunications Act of 1996 imposes limitations on a local government’s ability to deny permits to construct telecommunication towers. These include, among others, prohibitions against discrimination, a review of applications within a reasonable timeframe, and a requirement that application denials be “in writing and supported by substantial evidence contained in a written record.” See 47 … Continue Reading
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