The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more
4/22/2025
/ Article III ,
AT&T ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
FCC ,
Forfeiture ,
Geolocation ,
Jury Trial ,
Penalties ,
SEC v Jarkesy ,
Seventh Amendment ,
Telecommunications ,
Vacated
On April 7, the Federal Communications Commission (FCC) granted a limited waiver delaying by an additional year the effective date of certain parts of the new Telephone Consumer Protection Act (TCPA) rule. ...more
4/10/2025
/ Consent ,
Effective Date ,
FCC ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
Regulatory Requirements ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Time Extensions ,
Waivers
On Wednesday, the Supreme Court heard oral arguments in Federal Communications Commission v. Consumers’ Research (consolidated with SHLB Coalition v. Consumers’ Research), a case about the role of executive administrative...more
In January the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA)....more
The Federal Communications Commission (FCC) under new chair Brendan Carr has issued an enforcement advisory addressing complaints that radio stations are coercing musical artists to perform for free at station events by...more
2/25/2025
/ Advertising ,
Consideration ,
Disclosure Requirements ,
Enforcement Guidance ,
FCC ,
Music ,
Music Industry ,
Musical Sound Recordings ,
Radio Broadcasting ,
Regulatory Requirements ,
Sponsors ,
Telecommunications ,
Unfair or Deceptive Trade Practices
On Friday, the Eleventh Circuit, in Insurance Marketing Coalition Ltd v. FCC, found that the Federal Communications Commission (FCC) overstepped its statutory authority in implementing robocall and robotext "one-to-one...more
With a unified Trump administration and a Republican-controlled Congress, there will be a dramatic shift in regulatory policy changing how the communications and technology industries interact with government. These...more
1/24/2025
/ Artificial Intelligence ,
Broadband ,
Enforcement ,
FCC ,
Infrastructure ,
Media ,
National Security ,
Net Neutrality ,
Regulatory Agenda ,
Regulatory Reform ,
Telecommunications ,
Trump Administration ,
Wireless Industry
Another major shift in the role of executive administrative agencies and congressional delegations of power to agencies may be on the way. ...more
Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers...more
7/30/2024
/ Administrative Authority ,
Chevron Deference ,
Customs and Border Protection ,
Federal Maritime Commission ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Office of Foreign Assets Control (OFAC) ,
Separation of Powers ,
Stare Decisis ,
U.S. Commerce Department ,
USTR
As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
FCC ,
Government Agencies ,
Judicial Authority ,
Judicial Review ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statute of Limitations ,
Statutory Interpretation ,
Telecommunications
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The...more
On March 14, the Federal Communications Commission (FCC) adopted new rules that require cable television operators and satellite video providers to specify the aggregate monthly all-in price for video programming services on...more
4/1/2024
/ Advertising ,
Cable Television Providers ,
Competition ,
Compliance ,
Compliance Dates ,
FCC ,
New Rules ,
OMB ,
Price Transparency ,
Sales Promotions ,
Television Broadcast Stations
The FCC has released an Order on Reconsideration resolving petitions that asked the Commission to reconsider or clarify certain broadband labeling requirements. Please see our summary of the original broadband labeling...more
Last week, the Federal Communication Commission’s (FCC) issued a Notice of Apparent Liability for Forfeiture proposing a $20 million forfeiture, essentially a fine, against two telecommunications service providers for failing...more
On Tuesday the FCC released a Notice of Proposed Rulemaking proposing to require cable operators and direct broadcast satellite (DBS) providers to specify an “all-in” total price for their video service, both in their...more
On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative law. But when the...more
The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking intending to strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts, in addition to strengthening...more
As part of a broader campaign to go after “robocall” violations, the Federal Communications Commission (FCC) has announced a $5,134,500 fine against a company and its owners for making 1,141 robocalls in 2020 that violated...more
6/9/2023
/ Cell Phones ,
Corporate Fines ,
FCC ,
Mobile Devices ,
Political Campaigns ,
Political Candidates ,
Prior Express Consent ,
Robocalling ,
State Attorneys General ,
TCPA ,
Telemarketing ,
Text Messages
The Federal Communications Commission (FCC) plans to exercise more regulatory oversight over entities that have the authority to provide communications between the United States and foreign countries....more
6/7/2023
/ Applications ,
China ,
Comment Period ,
Congressional Committees ,
Congressional Oversight ,
FCC ,
Foreign Entities ,
License Renewals ,
NPRM ,
Proposed Rules ,
Regulatory Oversight ,
State-Owned Enterprises ,
Telecommunications
Last month, Florida governor Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act (FTSA) that scale back the scope and reach of the statute, bringing it in line with federal TCPA standards and...more
The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the...more
On April 24, the FCC granted a joint waiver request to allow initial deployment of next-generation cellular Vehicle to Everything (C-V2X) technology. C-V2X technology allows vehicles to communicate with one another and with...more
The National Telecommunications and Information Administration (NTIA) has issued a Request for Comment (Request) regarding the development of a new National Spectrum Strategy, one that considers a plan to study federal...more
Both houses of Congress have pending bipartisan legislation designed to relieve the federal income tax burden on entities that receive federal broadband grants....more