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Category Archives: DWT Advisory

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Open Internet Order Published and to Become Effective on June 12, 2015—Numerous New Appeals Expected

Posted in DWT Advisory

The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015. Publication in the Federal Register starts the time for petitioning for judicial review and also provides a timeline for covered entities to begin developing… Continue Reading

Advisory Alert: FCC Updates Network Outage Reporting Requirements

Posted in DWT Advisory, Wireless

On March 30, 2015, the FCC issued a Notice of Proposed Rule Making, Second Report and Order, and Order on Reconsideration (Order).  The Order updates the FCC’s “Part 4” network outage reporting rules to reflect technological advancements in wireless and wireline networks.  It also responds to petitions for reconsideration and requests for rulemaking, some of… Continue Reading

Advisory Alert: Telecom Trade Associations Seek Reconsideration of FCC’s New “Treble Damages” Forfeiture Policy

Posted in DWT Advisory

Reacting to last month’s Policy Statement by the Federal Communications Commission (FCC),  trade associations representing a spectrum of telecommunications providers filed a joint Petition for Reconsideration  and for a stay of the FCC’s new policy of imposing penalties of three times the amounts owed but not timely contributed to four FCC-managed funds. The Policy Statement… Continue Reading

FCC Votes to Approve New Net Neutrality Rules

Posted in DWT Advisory

On March 12, 2015, the FCC released its formal written Order explaining the details of the new Open Internet (or Net Neutrality) rules that it approved (on a 3-2 party-line vote) on February 26, 2015. In addition to explaining the majority’s actions and reasoning, the order contains lengthy and vigorous dissents from Commissioners Pai and… Continue Reading

FCC Releases Full Text of Order Preempting State Laws Limiting Municipal Broadband

Posted in DWT Advisory

On March 12, 2015, the Federal Communications Commission released the text of its order preempting provisions of North Carolina and Tennessee law that allow municipalities to provide broadband service but otherwise limit the geographic area they may serve and impose other conditions on their operations. As previously explained in our summary of the Commission’s press… Continue Reading

Advisory Alert: STELAR Implementation

Posted in DWT Advisory

On Feb. 18, 2015, the Federal Communications Commission (FCC) issued an Order amending its rules to implement certain provisions of the STELA Reauthorization Act of 2014 (STELAR). The FCC concluded that these amendments—governing the carriage of broadcast signals by multichannel video programming distributors (MVPDs)—were expressly mandated by STELAR and, therefore, did not require formal notice… Continue Reading

Annual FCC CPNI Certification Due by March 1, 2015; Potential Title II Reclassification Could Soon Expand CPNI Obligations to Broadband

Posted in DWT Advisory

This is to remind our clients that, pursuant to 47 U.S.C. § 222(c), the Federal Communications Commission (FCC) requires every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and calling card providers) to execute and file an annual officer certification that it is in compliance with the FCC’s Customer Proprietary… Continue Reading

Advisory Alert: FCC Releases Outline of Net Neutrality Rules Scheduled for February 26 Vote

Posted in Broadband Adoption, Broadband Deployment, DWT Advisory

On February 4, 2015, the FCC issued a press release describing the Open Internet (or Net Neutrality) rules Chairman Wheeler will bring to a vote at the Commission’s February 26, 2015 meeting. The draft order is now being circulated, and we expect further details to emerge over the next few weeks. Here’s what we know… Continue Reading

Advisory Alert: FCC Recordkeeping Compliance

Posted in Accessibility (Persons with Disabilities), DWT Advisory

By no later than April 1, 2015, entities providing telecommunications, VoIP, or advanced communications services (email, text) must certify to the Federal Communications Commission (FCC) to their compliance in 2014 with the FCC’s accessibility recordkeeping requirements. The FCC rules require covered entities to maintain contemporaneous records of their efforts to comply with FCC rules requiring… Continue Reading

Advisory Alert: FCC Clarifies That Competitive Cable Franchising Rules Do Not Preempt State Franchising Laws, And Affirms Application Of Its 621 Order To Incumbent Cable Operators

Posted in DWT Advisory

Nearly eight years after issuing its so-called “621 Order” limiting local governments’ actions and authority over competitive cable franchising, and its 2007 Second Report and Order which extended to incumbent cable operators many of those same findings, the Federal Communications Commission issued an Order on Reconsideration of the Second Report and Order on Jan. 21,… Continue Reading

Advisory: FCC Sets Dec. 15 Deadline for Special Access Data Collection Submissions

Posted in DWT Advisory

December 15 is now set as the deadline by which nearly all cable operators, telecommunications carriers, and many others must respond to an extensive FCC special access data collection, per an Order on Reconsideration released yesterday.  The order also amended the data collection to adopt the modifications required by the Office of Management and Budget (OMB), as… Continue Reading

DWT Advisory: Driving Down the Cost of Health Care Through Next Generation Networks

Posted in DWT Advisory

Current and future health care delivery models are quickly outgrowing legacy communications architectures, which lack the structural flexibility and, more importantly, the control and security of Next Generation Networks, or NGNs.  NGNs can fundamentally change and improve the existing health care business model by reducing costs, increasing flexibility, maximizing new technologies and expanding health care… Continue Reading

DWT Advisory: FCC Establishes Application Procedures for Rural Broadband Experiments – Application Deadline Set for Oct. 14

Posted in DWT Advisory

On August 19, the FCC’s Wireline Competition Bureau released a public notice establishing the process for applying for support under the Rural Broadband Experiments program.  Applications under this program must be submitted via the FCC’s online auction system and will be due no later than 6 PM (EST) Tuesday, Oct. 14. As described in our prior advisory, the… Continue Reading

Follow the Broadband Law Advisor on Twitter

Posted in DWT Advisory

The Broadband Law Advisor is now available through Twitter!  Follow us @DigiNetAtty for the latest news on FCC broadband policy and rulemakings, and other emerging technology news, now from your Twitter account.  Follow @DigiNetAtty

DWT Advisory: An Advertising Perspective on the Kerry-McCain and Stearns-Matheson Privacy Bills

Posted in DWT Advisory, Privacy and Cybersecurity

By Paul Glist Last week, Sens. John Kerry and John McCain and Reps. Cliff Stearns and Jim Matheson offered new privacy bills. The Kerry-McCain Senate bill and the Stearns-Matheson House bill each seeks to apply a common set of fair information practices on virtually all businesses, online and offline, that collect information about consumers or… Continue Reading

Verizon Challenge FCC’s Net Neutrality Order in Federal Court

Posted in Broadband Adoption, Broadband Deployment, DWT Advisory

Verizon just announced that it has filed a lawsuit in the federal D.C. Court of Appeals to challenge the FCC’s Net Neutrality Order that was adopted during the Commission’s December open meeting.  We have not yet seen the contents of the complaint, but Verizon’s brief press release is available here. For information about the FCC’s… Continue Reading

DWT Advisory: A Critique of the Legal Reasoning Behind the FCC’s Net Neutrality Order

Posted in DWT Advisory

An earlier Davis Wright Tremaine advisory described the requirements of the Federal Communications Commission’s new “net neutrality” rules—transparency, no blocking, and no unreasonable discrimination. It also noted that the legal analysis in the Net Neutrality Order (NNO) “may stretch the FCC’s logic and authority beyond the breaking point.” This advisory expands on that observation. It… Continue Reading

DWT ADVISORY: FCC Issues Notice of Inquiry to Reassert Regulatory Authority over Broadband Internet Access Service

Posted in DWT Advisory

By Chris Savage and Paul Hudson. The Federal Communications Commission (FCC) today adopted its widely anticipated Notice of Inquiry in response to the D.C. Circuit’s ruling in the Comcast case, which held the FCC had not justified its assertion of “ancillary” authority over broadband Internet access network management practices. (Our alert regarding the Comcast ruling is available… Continue Reading

DWT ADVISORY: FCC Adopts and Proposes New Rules on Pole Attachment Rates, Terms and Conditions

Posted in DWT Advisory, Infrastructure (Poles, Conduit and Rights of Way)

By James F. Ireland, James W. Tomlinson, and Christopher A. Fedeli At its May 20, 2010, Open Meeting, the Federal Communications Commission (FCC) adopted an Order and Further Notice of Proposed Rulemaking (Order/FNPRM) to ensure nondiscriminatory, just, and reasonable rates, terms and conditions for access to investor-owned utility poles in the 30 states where such attachments… Continue Reading

Opinion on the FCC’s Third Way Regulation of the Internet

Posted in Accessibility (Persons with Disabilities), Broadband Adoption, Broadband Deployment, Consumer Disclosure Requirements, DWT Advisory, E-rate, High-Cost Universal Service, Infrastructure (Poles, Conduit and Rights of Way), Intercarrier Compensation, Mobile Broadband, Navigation Devices, Privacy and Cybersecurity, Spectrum Initiatives, Tribal Communities

In publicizing his decision to reclassify broadband as a Title II telecommunications service, FCC Chairman Genachowski took some pains to try to reassure the investment community that he was not making any sudden moves that should discourage broadband investment. But despite his efforts to try to limit the impact of his move, he has crossed… Continue Reading

DWT ADVISORY: FCC Proposes Reform of Universal Service Fund High-Cost Program

Posted in DWT Advisory, High-Cost Universal Service

By Paul B. Hudson, Danielle Frappier, and Michael C. Sloan Proposals to reform the Universal Service Fund High-Cost Program have been circulating at the Federal Communications Commission (FCC) for years. Last week, the FCC launched a proceeding to escalate high-cost reform as part of the implementation of the recently released National Broadband Plan.   (Our summary of… Continue Reading

DWT ADVISORY: FCC Launches NOI on Voluntary Cybersecurity Certification Program

Posted in DWT Advisory, Privacy and Cybersecurity

By Ronnie London and Brian Nixon The Federal Communications Commission (FCC) released a Notice of Inquiry (NOI) on April 21, 2010, seeking public comment on the proposed creation of a voluntary cybersecurity certification program by which participating communications service providers would be certified—by the FCC or a third party, as determined by the FCC—as adhering to… Continue Reading

DWT ADVISORY: FCC Launches Proceedings on CableCARD and “Gateway” Set-Top Box Issues

Posted in DWT Advisory, Navigation Devices

By Paul Glist and Paul B. Hudson The FCC launched two related proceedings on set-top box issues at its April 21, 2010, open meeting. One is a Notice of Inquiry (NOI) posing extensive long-term questions about the possibility of requiring all multichannel video programming distributors (MVPDs) to provide adaptors by Dec. 31, 2012, that translate their programming into standard… Continue Reading

DWT ADVISORY: DC Circuit Reverses FCC Regulation of Broadband Network Management Practices

Posted in Consumer Disclosure Requirements, DWT Advisory

By Christopher W. Savage and Robert G. Scott, Jr. On April 6, 2010, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Federal Communications Commission (FCC) exceeded its authority when it sought to regulate Comcast’s network management practices for its high-speed Internet access service. The court vacated the FCC’s Aug. 1, 2008,… Continue Reading