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Telecommunications The United States Federal Communications Commission Preemption

Davis Wright Tremaine LLP

FCC’s Net Neutrality Redux: Safeguarding and Securing the Open Internet

On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more

Perkins Coie

Net Neutrality Is Back, for Now

Perkins Coie on

With the recent circulation of the Federal Communications Commission’s (FCC) draft version of its highly anticipated net neutrality order, Promoting a Fast, Open, and Fair Internet (the 2024 Order), Chairwoman Jessica...more

Jones Day

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

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In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

Perkins Coie

D.C. Circuit Vacates FCC’s Federal Preemption of State Net Neutrality Regulations as It Upholds Repeal of FCC Rules

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The U.S. Court of Appeals for the District of Columbia Circuit added a new chapter in the ongoing saga over how and whether to regulate providers of broadband internet access service when, on October 1, 2019, it largely...more

Brownstein Hyatt Farber Schreck

D.C. Circuit Grudgingly Upholds FCC’s Internet Freedom Order

In the latest twist in the net neutrality saga, the United States Court of Appeals for the District of Columbia upheld the Federal Communications Commission’s (“FCC” or “Commission”) 2017 decision to once again classify...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Upholds “Light Touch” Federal Regulation of Broadband ISPs, but Opens the Door to Differing State-Level Laws

On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more

Faegre Drinker Biddle & Reath LLP

The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet...more

Jones Day

D.C. Circuit Vacates FCC Order Preempting State Net Neutrality Regulation and Remands - Court's ruling opens the door to...

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In the latest development in the Federal Communications Commission's ("FCC") decade-long approach to net neutrality, the U.S. Court of Appeals for the D.C. Circuit vacated the FCC's 2018 order preempting state net neutrality...more

Best Best & Krieger LLP

Ordinance Regulating Aesthetics of Wireless in Public Rights of Way OK’d by California Supreme Court - Decision in T-Mobile West...

Yesterday marked a win for local government in the fight against preemption over local control of their streets. The California Supreme Court issued a decision in the T-Mobile West LLC v. City and County of San Francisco...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order

On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more

Kelley Drye & Warren LLP

Finally Naming the Duck? Eighth Circuit Decides VoIP is an Information Service, Preempts Minnesota Regulation

After more than twenty years, VoIP’s unclassified status may be coming to an end. Last month, the Eighth Circuit Court of Appeals issued a decision in Charter Advanced Services LLC v. Lange in which it considered whether an...more

Sheppard Mullin Richter & Hampton LLP

Back To The Future: FCC Returns To Light Touch Regulation Of The Internet

This week, the Federal Communications Commission’s (“FCC’s”) Restoring Internet Freedom Order took effect, rolling back the public-utility style regulation of Internet service providers (“ISPs”) pursuant to title II of the...more

Davis Wright Tremaine LLP

Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

Kelley Drye & Warren LLP

FCC Releases Broadband Privacy Order with Major Implications for All Telecommunications Carriers

Kelley Drye & Warren LLP on

On October 27, 2016, the Federal Communications Commission (FCC or Commission) in a party-line (3-2) vote adopted a Report and Order (the Broadband Privacy Order or Order) that imposes a comprehensive set of privacy and data...more

Pillsbury - Gravel2Gavel Construction & Real...

6th Circuit: Fed Agency Had No Authority to Preempt State-Law Limitations on States’ Activities

The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

Perkins Coie on

The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Davis Wright Tremaine LLP

6th Circuit Reverses FCC’s Preemption of State Law

Yesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North Carolina that limited the...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Rejects FCC’s Effort To Preempt State Regulation Of Municipal Broadband Providers

The FCC’s February 2015 meeting yielded two significant and controversial orders premised on the agency’s authority under Section 706 of the Communications Act: its much-publicized Open Internet Order, and its less-publicized...more

Nossaman LLP

Regulators Nationwide Weigh in on CPUC Litigation

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In May, we posted a blog on litigation filed by telecom providers and trade associations to prevent the California Public Utilities Commission (CPUC) from requiring Plaintiffs to turn over competitively sensitive data to a...more

Davis Wright Tremaine LLP

NARUC Appeals FCC’s Lifeline Modernization Order

The National Association of Regulatory Utility Commissioners (“NARUC”) has filed a petition for review with the US Court of Appeals for the DC Circuit challenging the FCC’s decision in the Lifeline Modernization Order to...more

Nossaman LLP

California Telecom Providers File Suit to Protect Competitively Sensitive Information

Nossaman LLP on

On May 5, AT&T Mobility along with several other telecommunications providers and trade associations filed a complaint in the Northern District of California against the California Public Utilities Commission (“CPUC”)...more

Best Best & Krieger LLP

The Wheeler Federal Communications Commission--What Can We expect? 2014 Outlook on Congress and the FCC (Presentation)

In This Presentation: FCC Issues - • When will we have a 5 person Commission? • Issues ..E Rate and help for broadband adoption ..Demise of Title II regulation and the rise of net neutrality? ...more

Ballard Spahr LLP

Supreme Court Upholds FCC's Authority To Impose Time Limitations on Land Use Approvals for Wireless Facilities

Ballard Spahr LLP on

Last month, the U.S. Supreme Court ruled in a 6-3 decision that the Federal Communications Commission (FCC) had authority under the Telecommunications Act of 1996 to impose time limits for state and local governments to act...more

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