Tag Archives: Net Neutrality

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

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

DC Circuit Court Vacates Significant Portions of the FCC’s Net Neutrality Obligations

On January 14, 2014, the DC Circuit Court of Appeals partially vacated the FCC’s net neutrality rules applicable to Internet access providers, while affirming the conclusion by the FCC that it has jurisdiction to regulate the Internet to promote broadband infrastructure investment and to promote competition. Verizon v. Federal Communications Commission ____ F.3d ___ (D.C. … Continue Reading

Supreme Court Confirms the FCC’s Ability to Interpret the Scope of its Own Authority and Allows the Antenna Siting Application “Shot Clock” To Remain in Effect

In a much anticipated decision with potentially widespread ramifications across all federal agencies charged with implementing federal statutes, the United States Supreme Court has permitted the so-called “shot clock” rules of the Federal Communications Commission (“FCC” or “Commission”) applicable to wireless siting applications to remain in effect. By a 5-4 margin on May 20, 2013, … Continue Reading

A Practical Look at the FCC’s Open Internet/Net Neutrality Regulations

On December 23, 2010, the FCC adopted new Open Internet ("network neutrality") rules that place a variety of disclosure and other obligations on certain providers of broadband Internet access. On June 30, 2011, while required OMB review of the new rules continued, the FCC’s Enforcement Bureau and the Office of General Counsel issued a Public … Continue Reading

DC Circuit to Decide Net Neutrality Appeals

The same circuit that decided the Comcast case will decide the net neutrality appeals after all. Yesterday, the Judicial Panel on Multidistrict Litigation announced that the D.C. Circuit had been selected by random selection (i.e., lottery) for the net neutrality appeals.  The other cases will be consolidated with the D.C. Circuit case.… Continue Reading

Net Neutrality Litigation Moves to Lottery

With the September 23rd publication of the Net Neutrality Order in the Federal Register, appeals of the order could finally be filed.  As expected, multiple parties filed appeals in multiple districts, and the choice of circuit will now be decided by lottery under the Judicial Panel on Multijurisdiction Litigation rules.  Verizon has again asserted that the case … Continue Reading
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