Michael Dover

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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

Sixth Circuit Reverses FCC’s Preemption of State Laws on Municipal Broadband

Yesterday, the U.S. Court of Appeals for the Sixth Circuit reversed the FCC’s order preempting Tennessee and North Carolina laws that prevented municipalities from deploying cable services, video services, and Internet services beyond their current territorial boundaries to underserved nearby areas.  The decision is a setback for Chairman Wheeler, who had pushed the preemption decision … Continue Reading

Wheeler Seeks to Resurrect and Revamp Net Neutrality Rules in Response to Verizon v. FCC

After dropping hints for the past two weeks, FCC Chairman Wheeler announced several measures Wednesday to respond to the DC Circuit’s decision in Verizon v. Federal Communications Commission, ____ F.3d ___ (D.C. Cir. 2014) (“Verizon Net Neutrality Order”), which we summarized in an earlier blog post.  Chairman Wheeler seeks to “enhance” the transparency rule that was affirmed … Continue Reading

U.S. District Court Makes Significant Ruling Affecting CLECs’ Rights for Interconnection

Earlier this month, the U.S. District Court for the Eastern District of Missouri (“District Court”) made a potentially significant pronouncement regarding the procedure affecting interpretation and enforcement of interconnection agreements and the types of claims that can be brought. In Level 3 Communications, LLC and Broadwing Communications, LLC v. Illinois Bell Telephone Co., et al.,  4:13-cv-01080-CEJ (E.D. Mo. … Continue Reading

DC Circuit Court holds that FCC Guidance on Agency Law in TCPA Cases is Not Binding on Courts

On January 22, 2014 the D.C. Circuit Court of Appeals issued a two-page per curiam decision dismissing a petition by DISH Network, LLC that challenged the FCC’s “guidance” on the interpretation of agency law in the context of Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”). In its May 9, 2013 Declaratory … 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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