Tag Archives: Court of Appeals

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy.  The question before the Court is whether law enforcement must obtain a warrant for historical cell-site location information. The case stems from 2014, when Timothy Carpenter … Continue Reading

That Won’t Fly: The D.C. Circuit Strikes Down the FAA’s Registration Regime for Recreational Drones

Last week, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down an FAA regulation that required the owners of small Unmanned Aircraft Systems (“UAS”) to register with the agency (the “Registration Rule”). In 2012, Congress passed the FAA Modernization and Reform Act (“FMRA”), which prohibited the FAA from creating … Continue Reading

Sprint and Windstream Waste No Time Appealing Business Data Services Order

On May 8, 2017, merely ten days after the Federal Communications Commission (“FCC”) adopted its Report & Order (“BDS Order”) deregulating the market for Business Data Services (“BDS”), Sprint and Windstream petitioned the U.S. Court of Appeals for the District of Columbia (“D.C. Circuit”) to vacate the BDS Order. In the BDS Order, as we … Continue Reading

Open Internet Rules Hit the Federal Register, Triggering Effective Dates and Appeal Deadlines

On April 13, 2015, a notice and summary of the Federal Communications Commission’s (FCC’s) seminal Open Internet Order (the Order) was published in the Federal Register.  As we explained in an earlier blog post and client advisory, the Order includes new and modified open Internet rules; reclassifies broadband Internet access service (BIAS) as a “telecommunications … Continue Reading

D.C. Circuit Sends a Strong Signal in NAB Case – Public Notices May Not Be Reviewable

In May of this year, the National Association of Broadcasters (NAB) petitioned the D.C. Circuit to review a Public Notice issued by the Media Bureau.  The Public Notice, entitled “Processing of Broadcast Television Applications Proposing Sharing Arrangements and Contingent Interests,” explained a shift in how the Bureau will review certain broadcast license assignments and transfer applications.  … Continue Reading

Court Dismisses Verizon Net Neutrality Appeal — For Now

Back in January, we posted on Verizon’s attempt to appeal the FCC’s Net Neutrality order.  Verizon presented a controversial claim that the order was a "licensing" decision which limited review to the U.S. Court of Appeals for the D.C. Circuit.  The FCC opposed that interpretation. If successful, Verizon’s preemptive move would have prevented a lottery from … Continue Reading

Verizon Net Neutrality Appeal Update

On January 20th, Verizon took the controversial move of appealing the FCC’s Net Neutrality Order before notice was published in the Federal Register.  Shortly after Verizon appealed, MetroPCS Communications filed a similar appeal, also in the D.C. Circuit and also relying on section 402(b) to assert that venue lies exclusively within the D.C. Circuit. The … Continue Reading

Verizon Appeals Net Neutrality Order

In a controversial move, yesterday Verizon filed an appeal of the FCC’s Net Neutrality Order adopted December 21.  Verizon sought review in the U.S. Court of Appeals for the D.C. Circuit — and asked the same panel that decided the Comcast case to hear the appeal. Verizon’s appeal is controversial because it was filed before … Continue Reading

FCC Adopts Net Neutrality Rules, Endorses Accelerated Docket Complaints for Violations

Today, a divided FCC adopted enforceable "net neutrality" rules for the first time.  By a 3-2 vote, with all three Democrats voting in favor and both Republicans voting against, the Commission adopted a Report and Order in its Open Internet inquiry.  As Chairman Genachowski announced last month, the new rules rely upon the FCC’s "Title … Continue Reading

FCC’s Genachowski Proposes Net Neutrality Rules, Creates Firestorm

Since April, the FCC has been struggling with how to react to the Court’s reversal of the Comcast P2P blocking order.  Today, Chairman Genachowski announced that he plans to move forward to adopt net neutrality rules at the FCC’s December 21 open meeting.  That announcement was met with prompt condemnation from the Republican commissioners and measured support … Continue Reading

Comcast, Phase II: FCC Opens Inquiry into Broadband Classification Options

The FCC today adopted and released its highly anticipated Notice of Inquiry (“NOI”) regarding the potential regulatory reclassification of facilities-based broadband Internet access services.  This proceeding will explore the "third way" toward regulation that Chairman Genachowski suggested in response to the recent decision issued by the U.S. Court of Appeals for the D.C. Circuit in the … Continue Reading

Strange Coalition Petitions Court of Appeals to Bypass FCC on VoIP Access Charges

A diverse group of telecom companies and trade groups have jointly submitted a supporting brief to the U.S. Court of Appeals in the Paetec v. CommPartners appeal.  The Joint Brief includes ILECS like AT&T and Verizon, CLECs like Neutral Tandem, and normally contrary trade associations like USTA and the VON Coalition. Although these parties have wildly … Continue Reading

FCC’s Genachowski Proclaims a “Third Way” to Apply Net Neutrality

A month after the Court of Appeals reversed the FCC’s Comcast decision, FCC Chairman Genachowski announced a "third way" to regulate broadband transmission lawfully.  The Chairman released a statement describing his "third way" along with a memo from the General Counsel asserting its legality.  Commissioner Copps, who publicly advocated reclassification of braodband internet access services … Continue Reading

Breaking News: Court vacates FCC’s Comcast Decision

The US Court of Appeals for the DC Circuit vacated the FCC’s decision declaring illegal Comcast’s 2007 blocking of P2P internet traffic.  This decision is not surprising, given how poorly the oral argument went for the FCC.  (see our post here).  Click here to download the Court’s decision.  We will post a discussion of the jurisdictional … Continue Reading

Court of Appeals Upholds FCC on ISP-Bound Calls

The U.S. Court of Appeals for the D.C. Circuit has upheld the FCC’s November 5, 2008 ruling continuing the rate cap on CLEC intercarrier charges for dial-up Internet calls.  In Core Communications v. FCC, decided January 12, 2009, the Court found "no legal error in the Commission’s analysis" and thus affirmed the agency’s decision.  This ruling presumably ends a protracted set of challenges … Continue Reading