A lottery conducted by the MDL Panel resulted in the selection of the Ninth Circuit to hear all the Petitions for Review of the Internet Freedom Order. The Ninth Circuit’s current schedule shows May 29 as the due date Petitioners’ and supporting intervenors’ opening briefs, with June 28 as the due date for the FCC’s… Continue Reading
The FCC sent the Internet Freedom Order to the Federal Register for publication today which will start the clock running for seeking judicial review. Petitions filed in the 10-day window starting today will be eligible for the lottery designating one of the courts where these early petitions are filed to have all petitions (wherever filed)… Continue Reading
On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the Commission’s 2015 Open Internet Order. Based on the Commissioners’ comments at the open meeting the new order… Continue Reading
The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (now referred to as the “Title II Order”).
As recounted in previous DWT Alerts, the Title II… Continue Reading
On April 27, 2017, FCC Chairman Ajit Pai released the draft text of a Notice of Proposed Rulemaking (the “Internet Freedom NPRM”) that would reverse the FCC’s 2015 Open Internet Order. The Open Internet Order, which has now been renamed the Title II Order, imposed a broad set of so-called “net neutrality” obligations on broadband… Continue Reading
Today the FCC approved an order that moves the nearly two billion dollar Connect America Fund (CAF) Phase II Auction competitive bidding process forward. As we have previously reported, the Phase II auction will provide support (subsidies) to broadband providers willing to deploy broadband and voice services to unserved Americans. The FCC will use four… Continue Reading
On Friday, the Federal Register published the FCC’s January 17th Public Notice of the fact that eleven Petitions for Reconsideration were filed in the Broadband Privacy proceeding (WC Docket No. 16-106). The Petitions challenge various aspects of the FCC’s new ISP privacy regime, and were filed by ISP and cable trade groups as well as… Continue Reading
On January 26, 2017, the FCC issued an Order that makes available $170.4 million in Connect America Fund (“CAF”) Phase II support to applicants selected in New York’s state broadband grant program, the “New NY Broadband Program.” New York had filed a petition for waiver of CAF Phase II rules, requesting that the FCC make… Continue Reading
Small Provider Exemptions in Limbo
On Thursday, December 16, the FCC announced that the Office of Management and Budget had approved the long-delayed “enhanced” Open Internet transparency requirements, which were originally approved in March 2015. As a result, the deadline for providers to comply with these enhanced requirements is January 17, 2017.
Significantly, this deadline… Continue Reading
FCC Issues Clarification of Broadband Privacy Rules Deadlines
Today, FCC Chairman Tom Wheeler confirmed that he will resign effective January 20, 2017, Inauguration Day. With Commissioner Rosenworcel unlikely to be confirmed for a new term, this would leave the FCC with two Republicans (Commissioners Pai and O’Rielly) and one Democrat (Commissioner Clyburn). The majority in… Continue Reading
In President Trump’s America, is it the end of net neutrality? Forbes interviewed telecomm professionals to discuss outlook for the industry.
Pre-election, there was virtually zero discussion of tech and telecom issues by Trump or his campaign. It’s highly likely that Republican telecom pros are now clamoring to provide opinions to the president-elect’s transition team.… Continue Reading
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
Friday, November 18, 2016
8:30 a.m – 5:15 p.m. PST
Davis Wright Tremaine
1201 Third Avenue
Seattle, WA 98101
The wireless world continues to explode as smartphones and 4G become ubiquitous – and devices, apps and other usage climb at exponential rates. This seminar, sponsored by CTIA—the leading organization in the U.S. for… Continue Reading
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
Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North Carolina that limited the ability of municipalities in those states to provide broadband service.
The opening pages extoll the virtue of… Continue Reading
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
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
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
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
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
Keeping up with the Latest Happenings at the FCC, Capitol Hill, and Beyond
Tuesday, April 26, 2016
2:00 – 3:00 p.m. EDT
As the Obama Administration winds down, the FCC has moved forward with a series of Internet-related initiatives in quick succession including new rules impacting Lifeline and Open Internet and proposed privacy rules. Please… Continue Reading
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
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