On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against...more
On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more
4/14/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Constitutional Challenges ,
Executive Orders ,
Presidential Proclamations ,
Regulatory Authority ,
Regulatory Reform ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
Despite the coming transition in agency leadership, the FCC’s Internet of Things (IoT) Cybersecurity Labeling Program (the IoT Program) hit some major milestones this month, as the agency pushes ahead with this novel program....more
WHAT: On November 12, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued an interim rule amending the FAR to implement the statutory prohibition on procurement and operation of unmanned aircraft systems...more
11/14/2024
/ China ,
Defense Contracts ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Drones ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Interim Rule ,
NDAA ,
Procurement Guidelines ,
Surveillance ,
System For Award Management (SAM) ,
Telecommunications ,
Unmanned Aircraft Systems ,
US Department of State
As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,...more
11/13/2024
/ Artificial Intelligence ,
Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Environmental Protection Agency (EPA) ,
Ethics ,
Federal Contractors ,
Federal Election Commission (FEC) ,
Healthcare ,
International Trade ,
National Security ,
Presidential Elections ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Toxic Substances Control Act (TSCA) ,
Trump Administration ,
USTelecom
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