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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Category Archives: DWT Advisory

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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

DWT ADVISORY: Analysis of the FCC’s National Broadband Plan

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

By Robert G. Scott, Jr. and James M. Smith On March 16, 2010, the Federal Communications Commission (FCC) presented to Congress its long-anticipated National Broadband Plan, as mandated by the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”). Thirteen months in the making and weighing in at nearly 400 pages, “Connecting America: The… Continue Reading