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On November 5, 2020, the Federal Communications Commission (“Commission” or “FCC”) released a Public Notice announcing the opening of the Connected Care Pilot Program (“Connected Care Program”) 30-day application filing window, which opened on Friday, November 6 at 12:00 pm ET. The Public Notice provides additional details on the application window and guidance on the Pilot Program application process. The application window will close on Monday, December 7, 2020 at 11:59 pm ET.

Continue Reading FCC Announces Opening of Connected Care Pilot Program Application Filing Window

The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode of Kelley Drye’s Full Spectrum, Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational

Many stewards of the Internet’s most popular websites, online services, and platforms have historically funded their products and services by harnessing the value of consumer data, with varying degrees of transparency about what data they collect, how they use it, and what third parties do with it. Consumers, public interest groups, some tech companies, regulators,

The Federal Communications Commission (“Commission” or “FCC”) has long been interested in the use of broadband-enabled telehealth services to make healthcare more accessible, particularly for veterans and low-income patients. On September 3, 2020 the Commission released a Public Notice (“Public Notice”) providing additional information about its Connected Care Pilot Program (“Connected Care Program”). The Connected Care Program will make available up to $100 million dollars, over a three year period, to defray the costs of broadband connectivity and other connected care information services for eligible health care providers (“HCP”). While the CARES Act allowed the Commission to quickly implement the short-term COVID-19 Telehealth Program supporting eligible HCP telehealth services during the early stages of the COVID-19 pandemic, the Connected Care Program is a longer-term initiative, under Commission consideration since late 2018 and formally established in April 2020. The Connected Care Program is intended to provide much-needed financial support for telehealth services, particularly for veterans and low-income patients, and also to provide the Commission with data regarding how funding can support telehealth services in the future to treat the health needs of individuals that may lack sufficient – or any – mobile or residential broadband internet access services necessary for healthcare needs.

The FCC has not yet set a deadline for Connected Care Program applications but issued the recent Public Notice to enable HCPs to begin preparing to apply once the application filing deadline is established. If the Connected Care Program garners the same level of interest as the COVID-19 Telehealth Program – a $200 million fund that was depleted within 3 months of the Commission first accepting applications – HCPs seeking to participate in the Connected Care Program may want to consider how to prepare now to submit a timely application once the final application details and filing deadline are established. The Commission will be issuing a subsequent Public Notice identifying the final Connected Care Program application procedures and filing deadline.


Continue Reading FCC Provides Guidance on $100 Million Connected Care Pilot Program; Application Deadline Remains TBD

Americans who lack high-speed broadband internet access are caught on the wrong side of the “Digital Divide,” with students facing a “homework gap” and adults, and even entire communities, facing an “opportunity gap” that impacts everything from jobs, education, and healthcare to sustainability and well-being. In this episode of Kelley Drye’s Legal Download,

In the most recent episode of Kelley Drye’s Full Spectrum podcast, Partner John Heitmann and Special Counsel Denise Smith discuss the COVID-19 Telehealth Program. The episode covers healthcare provider eligibility criteria, funding coverage, and key application considerations. They also provide an update on awards granted. At the time of the recording, the FCC

In a move spurred by Twitter’s decision to fact-check a pair of President Trump’s tweets, the president recently signed a multi-pronged “Executive Order on Preventing Online Censorship” with the claimed intention of stopping online platforms from making content moderation decisions that discriminate against particular viewpoints. The President, along with other conservative political figures and commentators, have frequently claimed that social media platforms have used content moderation practices to stifle conservative speech. The Executive Order (“EO”) evokes the First Amendment, calling online platforms the 21st century “public square,” where people go to express and debate different views, and saying the allegedly biased content moderation practices undermine that free expression.

The most controversial aspects of the order are its interpretation of Section 230 of the Communications Decency Act (“CDA”)—the statutory provision that shields online service providers from liability for user-generated content and the decisions they make about how to moderate that content—and its attempt to prompt the Federal Communications Commission (“FCC”) to adopt regulations further interpreting the law. Reform of Section 230 has been under consideration in Congress for years, with Republicans and Democrats both offering different—and mostly contrary—critiques about how online platforms have failed to act in accordance with the statute while also benefitting from the liability protections.

Other directives in the EO attempt to elicit other parts of the federal government to discipline online platforms for their content moderation practices. Absent Congressional action, the EO’s directives appear to stand on shaky legal ground and are likely to have limited legal impact.  However, the issuance of the EO alone may be unlawful, at least according to a complaint challenging the constitutionality of the EO filed with the U.S. District Court in D.C. by the Center for Democracy & Technology (“CDT”). According to the complaint, the EO violates the First Amendment, which strictly limits the government’s ability to abridge speech, by retaliating against Twitter for exercising its right to comment on the President’s statements and because it “seeks to curtail and chill the constitutionally protected speech of all online platforms and individuals” by demonstrating the government’s willingness to retaliate against those who criticize the government.


Continue Reading Section 230 Executive Order Strikes Back at Twitter, But Legal Impact Likely to be Limited

On April 2, 2020, the FCC issued a Report and Order (FCC-20-44) establishing the COVID-19 Telehealth Program and adopting the Connected Care Pilot program. The COVID-19 Telehealth Program will provide $200 million in funding, appropriated by Congress as part of the CARES Act, to help health care providers provide connected care services to patients at

Join us on Wednesday, April 8th as we discuss the FCC’s response to the COVID crisis, the communications elements in the CARES Act, compliance with state stay-at-home orders, and pending proposals for more relief. We will provide you with a concise download on and quick analysis of these fast moving developments. Click here to register.

Continue Reading COVID-19: Live Update on Federal and State Actions Impacting Communications Service Providers