John J. Heitmann

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New Podcast: Legislative Outlook for 2018

As the second session begins, the 115th Congress will pick up where it left off on some key telecommunications and technology issues. In this episode of Kelley Drye’s Full Spectrum podcast, Partner John Heitmann and Jennifer McCadney, Special Counsel in Kelley Drye’s Government Relations and Public Policy group, examine the current status of these issues … Continue Reading

The End of the Internet? What to Expect after the FCC’s 3-2 Vote to Restore Internet Freedom

On December 14, 2017, the FCC voted 3-2 to roll back the 2015 Open Internet Order, with all Republican commissioners voting in favor of the item and both Democratic commissioners strongly dissenting.  As we discussed in an earlier blog post in anticipation of the vote, the Restoring Internet Freedom Order (1) reclassifies broadband Internet access … Continue Reading

NYC FCBA Holds “Meet and Greet” with FCC Commissioner O’Rielly: Video

The NY Chapter of the Federal Communications Bar Association (FCBA) held a “Meet and Greet” with FCC Commissioner Michael O’Rielly yesterday in Kelley Drye’s New York office.  Jameson Dempsey, a Kelley Drye associate and co-chair of the NY FCBA Chapter, provided introductory remarks. John Heitmann, Chair of the Communications Practice group in Kelley Drye’s Washington D.C. … Continue Reading

Will Your TV Watch You? FCC Green Lights Targeted Advertising in Next Gen TV Broadcasting Standard

Last week, the Federal Communications Commission (FCC), in a 3-2 vote, approved an order allowing “television broadcasters to use the ‘Next Generation’ broadcast television (Next Gen TV) transmission standard, also called ‘ATSC 3.0.’”  Described in the Order “as the world’s first Internet Protocol (IP)-based broadcast transmission platform,” the Next Gen TV standard is expected to … Continue Reading

Chairman Pai Set to Release Draft Net Neutrality Item

On November 21, 2017, FCC Chairman Ajit Pai issued a statement announcing that he had circulated his draft Restoring Internet Freedom Order to his fellow commissioners. The draft Order will largely undo the 2015 Open Internet Order and limit FCC jurisdiction over broadband Internet access services, although it appears that the order will retain a … Continue Reading

Partner John Heitmann to Host Armchair Discussion with Commissioner O’Rielly

Partner John Heitmann will host an armchair discussion with FCC Commissioner Michael O’Rielly on Wednesday, November 29 from 12:30 – 2:00 p.m. at the offices of Kelley Drye, 101 Park Avenue, 27th Floor, New York, NY 10178. The discussion will be followed by a “Meet and Greet” brown-bag luncheon, providing an opportunity for attendees to meet the Commissioner … Continue Reading

House Antitrust Subcommittee Explores the Role of Antitrust Law in Net Neutrality

On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet. The core question discussed at the hearing was whether current antitrust law is sufficient to ensure net neutrality absent FCC rules. The panelists—including FTC Acting Chairman Maureen Ohlhausen and Commissioner Terrell … Continue Reading

Communications Service Providers Asked to Adopt the FCC CSRIC Guidance on Signaling System 7 Vulnerability Reduction

Last week, the FCC’s Public Safety and Homeland Security Bureau released a Public Notice (“Notice”) urging communications service providers to review and assess how they can incorporate the recommendations from Communications Security, Reliability, and Interoperability Council (“CSRIC”) V, Working Group 10 March 2017 Report to abate security signaling system 7 (“SS7”) protocol vulnerabilities(the “SS7 Report”).  SS7 … Continue Reading

NTIA Holds Virtual Meeting of Multistakeholder Process on Internet of Things Security Upgradability and Patching

On July 18, 2017, the National Telecommunications and Information Administration (“NTIA”) hosted a virtual meeting of its multistakeholder process to address Internet of Things (“IoT”) patching and security upgrades.  The July 18th meeting represents the fourth gathering of multistakeholders in this process. During the July 18th meeting, four working groups presented: (1) the Communicating Upgradability … Continue Reading

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

What to Expect at the FCC’s June 2017 Open Meeting

This 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 June 22, 2017.  Chairman Ajit Pai continues to schedule a large number of items each month, reflecting an ambitious agenda for the agency.  Indeed, for the fifth month in a row, … Continue Reading

Connect with Kelley Drye at next Presidio Forum on IoT Security in San Francisco on June 20

Kelley Drye is excited to support the next Presidio Forum on “Securing (and Regulating) the Internet of Things: Policy, Innovation & Investment,” in San Francisco on June 20, 2017.  The forum will present a candid discussion exploring today’s expanding IoT threat landscape, continued rise of regulatory interests and the increasing venture capital investment for IoT … 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

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

Client Advisory: CTIA’s Messaging Principles and Best Practices

On January 19, 2017, CTIA issued a new guidance document developed by industry stakeholders with voluntary best practices for businesses that participate in the wireless messaging ecosystem entitled “Messaging Principles and Best Practices,” (Messaging Best Practices). The Messaging Best Practices present a revised approach to wireless messaging, replacing the previous SMS and MMS Interoperability Guidelines … 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

Don’t Miss Kelley Drye’s 8th Annual USF Update Webinar on February 23, 2017 at 12 PM ET

Kelley Drye is proud to present our 8th Annual Update on federal Universal Service Fund (USF) activities.  This one-of-a-kind webinar provides an in-depth discussion of trends and legal implications involving the Universal Service Fund, from contributions, to the four support funds, as well as audits and enforcement.  This educational event is intended to help attorneys … 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

FTC Announces Two Telemarketing Cases

On January 13, 2017, the Federal Trade Commission (FTC) announced that it filed two lawsuits against more than a dozen individual and corporate defendants allegedly coordinated by two individuals.  In the complaints, the FTC alleges multiple violations of the FTC’s Telemarketing Sales Rule (TSR).  Specifically, the complaints allege that over a period several years, the … 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
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