On August 21, in a long-awaited action, the Federal Communications Commission (FCC or Commission) adopted a Report and Order (Order) establishing rules to allow limited access to spectrum in the 5030-5091 MHz band for use by...more
On July 24, 2024, on a petition for rehearing en banc, the U.S. Circuit Court of Appeals for the Fifth Circuit held in Consumers’ Research v. FCC (Consumers’ Research) that the current funding mechanism for the Universal...more
On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more
7/2/2024
/ Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Chevron v NRDC ,
FTC Act ,
Government Agencies ,
Hobbs Act ,
Judicial Authority ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Media ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Seventh Amendment ,
Statutory Interpretation ,
Telecommunications
While the FCC is well-known for broadcast and telecom regulation, the Commission regulates broadly, reaching communications networks, the marketing and sale of electronic devices, space-based services, diverse grant and...more
5/13/2024
/ Broadband ,
Enforcement Actions ,
Enforcement Authority ,
FCC ,
Federal Communications Act ,
Federal Trade Commission (FTC) ,
Internet ,
Internet Service Providers (ISPs) ,
Investigations ,
State Attorneys General ,
Telecommunications ,
Title II ,
Webinars
On May 1, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (draft NPRM or Draft) regarding the Commission’s equipment authorization program. The bipartisan proposal –...more
On May 7, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling, Order, Report and Order, and Order on Reconsideration reclassifying broadband Internet access service (BIAS) as a common...more
On February 22, 2024, the Federal Communications Commission (FCC or “Commission”) released a Public Draft of a Report and Order that, if adopted, would establish a voluntary labeling program for Internet of Things (IoT)...more
2/26/2024
/ Consumer Product Safety Commission (CPSC) ,
Cybersecurity ,
FCC ,
Food and Drug Administration (FDA) ,
International Harmonization ,
Internet of Things ,
Labeling ,
National Security ,
NIST ,
NPRM ,
Popular ,
Product Labels
This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more
2/5/2024
/ Ambiguous ,
Artificial Intelligence ,
Broadband ,
Chevron Deference ,
Chevron v NRDC ,
Federal Trade Commission (FTC) ,
Kisor v Wilkie ,
Loper Bright Enterprises v Raimondo ,
Oral Argument ,
Popular ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
TCPA ,
Technology
The 2024 Consumer Electronics Show (CES) is in full swing, with technology enthusiasts, policymakers, entrepreneurs, and others gathering in Las Vegas to take in new technological innovations and engage in discussions about...more
1/12/2024
/ Artificial Intelligence ,
Broadband ,
CVAA ,
FCC ,
Innovative Technology ,
Internet ,
Internet of Things ,
Net Neutrality ,
NTIA ,
Technology Sector ,
Videoconference
There has been a lot of coverage about the Federal Communications Commission’s (FCC and Commission) new and expansive data breach notification Order, approved on a 3-2 vote at the Commission’s December 13 Open Meeting. Much...more
The Fifth Circuit’s recent decision in National Press Photographers Association v. McCraw threatens to dilute the First Amendment rights of photographers and filmmakers using uncrewed aircraft systems (UAS), and undermine...more
On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States....more
10/2/2023
/ Business Conduct Standards ,
Communications Act 2003 ,
Cyber Threats ,
Cybersecurity ,
FCC ,
Infrastructure ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Telecommunications ,
Title I ,
Title II
Next week in Las Vegas, the Mobile World Congress (MWC) will bring together policymakers, industry experts, and stakeholders across the wireless ecosystem to discuss critical issues impacting the industry. Hosted by trade...more
In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also...more
The Federal Aviation Administration (FAA) recently offered new guidance on the boundaries of federal, state, and local authority to regulate uncrewed aircraft systems (UAS or drones). The FAA’s new analysis resolves several...more
By next year, consumers may be able to scan a QR code on their connected devices for information about cybersecurity protections that are built into their devices. Details on the program are still being worked out, but the...more
On January 4, 2022, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM). The NPRM seeks comment on proposed rules to enable wireless communications for unmanned aircraft...more
On November 25, 2022, the Federal Communications Commission (FCC or Commission) released a Report & Order, Order, and Further Notice of Proposed Rulemaking (R&O, Order, and FNPRM; collectively, the Item) that makes...more
Scott Blake Harris, Senior Spectrum Advisor at the National Telecommunications and Information Administration (@NTIAgov), gave the keynote address to launch the “Everything Policy” track at Mobile World Congress in Las Vegas,...more
Americans are using uncrewed aircraft systems (UAS or drones) more than ever, with the FAA reporting registering 865,505 drones as of May of this year. The benefits of drones, from aiding first responders to package delivery,...more
On July 29, 2022, the D.C. Circuit upheld the Federal Aviation Administration’s (FAA) Remote ID Rule against a grab-bag of constitutional and procedural challenges brought by a drone user named Tyler Brennan and his company...more
This term, in West Virginia v. EPA, the U.S. Supreme Court held that the U.S. Environmental Protection Agency (EPA) could not compel a nationwide shift away from coal-powered electricity generation. The Court reasoned that it...more
On April 21, 2022, the Federal Communications Commission (FCC or Commission) adopted a Notice of Inquiry on Promoting Efficient Use of Spectrum through Improved Receiver Interference Immunity Performance (NOI or Notice)....more
The Federal Communications Commission (FCC) has always taken violations of the Communications Act and its rules seriously. As with any agency, though, enforcement priorities can shift and change over time. The recent...more
On March 28, the United States District Court for the Western District of Texas found that a Texas law restricting drone use ran afoul of the First Amendment. The law imposed civil and criminal penalties for drone-based...more