Tag Archives: Net Neutrality

Net Neutrality Showdown Scheduled for February 1st

In an event sure to garner significant attention from tech, consumer protection, and government stakeholders, oral argument on the consolidated appeals of the FCC’s Restoring Internet Freedom Order (“Order”) will take place on February 1, 2019, at the D.C. Circuit. As we previously discussed, the Order largely reversed the FCC’s own 2015 rulemaking to reclassify … Continue Reading

Consolidated Net Neutrality Appeal Transferred to D.C. Circuit

On March 28, 2018, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit granted an unopposed motion filed by the petitioners to transfer the consolidated appeals of the Restoring Internet Freedom Order to the D.C. Circuit. As we explained in an earlier blog post, the D.C. Circuit decided the last three challenges … Continue Reading

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s (FCC’s) Restoring Internet Freedom Order. Under FCC rules, petitioners of FCC orders have ten days from the date of publication of the … Continue Reading

FCC Net Neutrality Repeal Published in Federal Register, Triggering Deadlines for Challengers

On Thursday, February 22, 2018, the Federal Communications Commission (FCC or Commission) published the Restoring Internet Freedom Order (the Order) in the Federal Register. As we previously discussed, the Order effectively reverses the Commission’s 2015 Open Internet Order, reclassifying broadband Internet access service as a lightly regulated Title I “information service” and eliminating the 2015 … 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

What to Expect from the FCC’s Restoring Internet Freedom Order

This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any bombshell revisions when the FCC acts, and as such we expect that the Order will:… 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

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

Divided FCC Begins Proceeding to Revise Internet Oversight Policy, Reverse Many “Open Internet Order” Decisions

  On May 18, 2017, at the Federal Communications Commission’s (“FCC” or “Commission”) May Open Meeting, the Commission adopted, on a two-one vote, a notice of proposed rulemaking (“NPRM”), titled “Restoring Internet Freedom,” that would negate and replace the Commission’s 2015 Open Internet Order, which the NPRM refers to as the “Title II Order.”  This … 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

Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order

On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at the Newseum in Washington, D.C., Chairman Pai announced that he would present a Notice of Proposed Rulemaking (NPRM) to reassess many … Continue Reading

Pai FCC Restores and Expands Small Carrier Open Internet Transparency Exemption

On Thursday February 23, 2017, by a 2-1 vote, the Federal Communications Commission (FCC) voted to restore the Small Provider Exemption from the Commission’s Open Internet rules, and to expand the exemption to cover more BIAS providers. In the 2015 Open Internet Order, the FCC adopted enhanced transparency disclosure requirements for Internet service providers by … 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

FCC Flexes Muscle: T-Mobile to Pay $48 Million for Failing to Disclose Limits on ‘Unlimited’ Data

Showing that it’s not about to slow down its aggressive enforcement of its open Internet regulations, the Federal Communications Commission (FCC) announced a settlement yesterday resolving claims that T-Mobile USA Inc. (T-Mobile) failed to adequately disclose material restrictions on T-Mobile and MetroPCS data plans that were advertised as “unlimited” from August 2014 to June 2015.  … Continue Reading

Client Advisory: D.C. Circuit Upholds FCC’s Net Neutrality Rules

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s (FCC’s or Commission’s) 2015 Open Internet Order (2015 Open Internet Order), which classified broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act of 1934, as amended, and imposed a … Continue Reading

D.C. Circuit Upholds FCC’s Open Internet Rules

In a 2-1 decision, the D.C. Circuit’s Court of Appeals upheld the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet rules, which reclassified Broadband Internet Access Services (BIAS), including mobile broadband, as telecommunications services subject to Title II common carrier regulations, as well as its rules against blocking, throttling, paid prioritization and enhanced transparency. We … Continue Reading

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order  era.  Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of broadband providers.  In the Advisory, the Bureau reminded broadband Internet access service (“BIAS”) providers that they will need to take “reasonable, good faith … Continue Reading

FCC Releases Open Internet Order

On Thursday, March 12, 2015, the Federal Communications Commission (FCC) released the text of its long-awaited Open Internet Order, which it adopted on February 26, 2015. As we discussed in a previous blog post, the FCC voted 3-2, along party lines, to reclassify “broadband Internet access service” (including both fixed and mobile broadband) as a “telecommunications … Continue Reading

FCC Votes to Impose New “Open Internet” Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on February 26, the Commission voted along party lines (3-2) to reclassify broadband Internet access service as a “telecommunications service” under Title II of the Communications Act of 1934 (as amended), imposing common carrier-based “Open Internet” rules on fixed and mobile broadband providers. Chairman Tom Wheeler, along … Continue Reading

John Heitmann and Jameson Dempsey Speaking at Mobile World Congress – 4 Years From Now on March 3 at 2 PM CET

Communications Chair and Partner, John J. Heitmann and associate, Jameson Dempsey will be speaking at “4 Years From Now” during Mobile World Congress, an annual event with over 80,00 attendees.… Continue Reading

Open Internet Order Preview: Chairman Wheeler Offers a Glimpse into His Draft Proposal

On Wednesday, February 4, 2015, the Federal Communications Commission (FCC) released a fact sheet on Chairman Wheeler’s imminent Open Internet proposal. The draft rules would reclassify “broadband Internet access service” as a telecommunications service under Title II of the Communications Act of 1934, and would rely on Title II and Section 706 of the Telecommunications Act of 1996 to … Continue Reading

Obama Enters the Net Neutrality Ring with a Call for Title II Reclassification

After months of cryptic messages ostensibly in support of new open Internet rules (a policy colloquially known as “net neutrality”), on November 10th, President Obama issued a formal policy statement on the Federal Communications Commission’s (“FCC’s” or the “Commission’s”) Open Internet Notice of Proposed Rulemaking (“NPRM”). In his statement, the President called for the Commission … Continue Reading

FCC to Host Open Internet Roundtables and Enhance Reviewability of Open Internet Comments

The FCC recently announced that it will be hosting a series of Open Internet Roundtables to discuss how the Commission should approach protecting and promoting Internet openness.  The Commission plans to host a series of six roundtables that will focus on issues including: policy approaches, mobile broadband, enforcement options, technology, economics and legal implications of the proposed … Continue Reading

FCC Enforcement Advisory: Open Internet Transparency Rule

On July 23rd, the FCC issued an important Enforcement Advisory about compliance with the Open Internet Transparency Rule, which sets forth the information broadband Internet access service providers must disclose.  If you provide fixed or mobile broadband Internet access service — which is defined as service to mass market retail customers, including small businesses and … Continue Reading
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