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Brace for Impact: The FCC’s Broadband Privacy Rules Are Almost Here

On October 6, Federal Communications Commission Chairman Tom Wheeler published a fact sheet and blog post outlining his proposal to create privacy rules for internet service providers (ISPs), setting the final rules up for a vote at the FCC’s October 27 open meeting. The fact sheet demonstrates that the Federal Trade Commission and other government… Continue Reading

Advisory Alert: 9th Cir. Rules Common Carriers Beyond FTC Authority

In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit ruled on August 29, 2016, that common carriers are entirely exempt from the FTC’s jurisdiction, even when engaged in “non-common carrier” activities.… Continue Reading

Podcast: DC Circuit Affirmation

Like Washington’s summer temperatures, things are heating up with Open Internet Order appeals. We know you’re probably too busy to fully read the Court’s 180 pages of analysis (including 60 page partial dissent) so attorneys Chris Savage, Peter Karanjia, and Dan Reing sat down for 21 minutes to discuss the history and rationale of the… Continue Reading

More Talk on Further OIO Review… And Will the Sixth Circuit Look at How the DC Circuit Ruled on Section 706 to Decide State Law Preemption?

It seems likely that one or more Petitioners in the consolidated case USTA v. FCC will seek review, either en banc or in the Supreme Court, of the D.C. Circuit’s decision released on June 14th.  (DWT’s detailed advisory is available here). Generally speaking, most commentators would probably agree that en banc review is realistic only… Continue Reading

DC Circuit Affirms FCC’s Open Internet Order

180 pages of analysis includes a 60 page partial dissent Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order.  That order reclassified wired and mobile broadband Internet access services as telecommunications services and subjects providers of those services to several specific new… Continue Reading

FCC Bureaus Release Guidance on Transparency Rule Implementation

On May 19, the FCC’s Chief Technologist, Office of General Counsel, and Enforcement Bureau (“Bureaus”) released new guidance addressing implementation of the enhanced transparency disclosure requirements required by the 2015 Open Internet Order.  The Guidance addresses many of the questions that had been left unanswered by the initial release of the rules as their effective… Continue Reading

Top Takeaways from DWT’s April 26 Open Internet Webinar

As the communications industry anxiously awaits a decision from the U.S. Court of Appeals for the D.C. Circuit on the judicial challenge to the Federal Communications Commission’s Open Internet rules, the Commission is charging forward with new regulations.  On April 26, DWT held its latest in a series of webinars focusing on Open Internet developments. … Continue Reading

Partisan Gridlock on Open Internet Rules Likely to Continue Until Court Ruling

Uncertainty over whether the U.S. Court of Appeals for the District of Columbia Circuit will overturn the FCC’s Open Internet rules appears to be a major roadblock to any bipartisan resolution of the issue in Congress.  James Assey, the Executive Vice President of the National Cable & Telecommunications Association (NCTA) stated that the “overhang” of… Continue Reading

FCC Releases Open Internet Transparency/Disclosure Rule Safe Harbor in the Form of Broadband Service “Labels” for End User Customers

Broadband Disclosures Bear Striking Resemblance to Nutrition Labels  The FCC has released its safe harbor disclosure framework under the Open Internet transparency requirements for end user customer disclosures, which takes the form of a broadband “label” –not unlike the form of labels used by manufacturers of food products.  There are two separate safe harbor labels:… Continue Reading