Latest FCC Modifications on Slamming
James M. Smith and Michael Van Eckhardt of Davis Wright Tremaine LLP
Last week, the Federal Communications Commission (FCC) released the fifth in a series of orders since 1998 modifying its rules relating to "slamming" (the unauthorized changing of a subscriber's telecommunications service provider). In the process, the FCC has-in the pursuit of greater consumer protection-significantly increased the responsibilities and burdens of providers of wireline local and long distance telecom services irrespective of whether the service provider is the unauthorized carrier ("slammer"), the authorized ("slammed") carrier, or the executing carrier that processes the change.
Death of the EBR Exemption May Be "Greatly Exaggerated"
Bart T. Murphy of Wildman, Harrold, Allen & Dixon LLP
The Junk Fax Prevention Act of 2004 would amend the Telephone Consumer Protection Act to restore an exemption allowing businesses to send unsolicited facsimile ads to persons with whom they have an established business relationship. The FCC wiped out this exemption in rule-making proceedings effective January 1, 2005. Plaintiff class action firms are filing TCPA unsolicited fax class action cases across the country. This article discusses the history and current state of the Act.
Communications Law and Regulation
Goldberg, Godles, Wiener & Wright
This summary outlines many of the basic issues confronting communications law practitioners today.
Are Class Action Lawyers Systematically Targeting Regulated Industries?
William Barr and Barbara Hart*
June 20 of this year, the Second Circuit decided a case called Law Offices of Curtis V. Trinko v. Bell Atlantic Corp., the so-called Trinko case, which, we believe, radically changed the antitrust law in two respects: it expanded the scope of duties that incumbent firms owed to rivals; and it changed the traditional standing limits that barred suits by indirect purchasers.
FCC Adopts Important DSL Line-Sharing Order
Thomas K. Crowe of Law Offices of Thomas K. Crowe, P.C.
Recently, the Federal Communications Commission adopted its Advanced Services Third Report and Order, which require.
Cramming: Unauthorized, Misleading or Deceptive Charges Placed on Consumers Telephone Bills
Federal Communications Commission
Tips from the Federal Communications Commission for consumers on how to protect themselves against unauthorized, misleading or deceptive charges placed on consumers' telephone bills.
Arent Fox Alert: The Federal Communications Commission Plans to Revise Many of its Rules Relating to Auctions, Including Which Services Will be Subject to Auction
Alan G. Fishel of Arent Fox LLP
This article concerns some recent decision made by the FCC relating to the rise in internet auctions.
Commission Rulemaking on Duopoly, LMAs and Other Issues
Paul, Hastings, Janofsky & Walker LLP
In November 1996, the FCC released Notices of Proposed Rulemaking addressing a number of local ownership and attribution issues of critical significance to broadcasters.
Local Government Law
Stacy C. Taylor of Woods Rogers PLC
Local Action on Siting of Telecommunications Facilities. Amends and reenacts ?15.2-2232 of the Code of Virginia re.
Federal Communications Commission Reported Cases, 1928-2002
Federal Communications Commission
Alphabetical citation list of cases involving the Federal Communications Commission from 1928-2002.
Antitrust Regulators Scrutinizing Radio Transactions
Paul, Hastings, Janofsky & Walker LLP
During the past year, the radio industry has experienced an unprecedented wave of mergers and acquisitio.
The Federal Communications Commission Universal Service Programs for Low-Income Consumers
Federal Communications Commission
Publication from the Federal Communications Commission which describes universal service programs for low income telecommunications customers.
FCC Issues New Rules on Obligations of Incumbent Local Telephone Companies to Lease Portions of Their Networks to Competitors
Perkins Coie
On February 4, 2005, the FCC released its Order on Remand ("Order") in its review of the network equipment and facilities ("unbundled network elements" or "UNEs") that incumbent local telephone companies ("ILECs") must provide at "cost-based" rates to other carriers ("CLECs") for the provision of competing telephone services. The Order responds to the remand by the D.C. Circuit ("USTA II") of certain rulings by the FCC in a prior order known as the "Triennial Review Order" ("TRO"). The new rules adopted in the Order take effect on March 11, 2005.
Broadcast Ownership Rules
Federal Communications Commission
The Federal Communication Commission's biennial review of broadcast ownership rules.
The Federal Communications Commission Revised Ex Parte Rules
Federal Communications Commission
Fact sheet from the Federal Communications Commission which describes the FCC's revised ex parte rules effective June 2, 1997.
Advertising, Marketing And Promotions 2004 Year In Review: Don't Cross The Line In 2005
Joseph J. Lewczak of Davis & Gilbert LLP
By all accounts, 2004 was a star-studded year in the world of advertising, marketing and promotions. Janet Jackson, Steve Garvey, Arnold Schwarzenegger, Eliot Spitzer and a bevy of milk mustache wearing celebrities made a significant impact on the industry. While it remains unclear what the stars hold for 2005, here we re-cap some of the major moments of 2004 and consult the astrological charts in an attempt to predict what's in store for 2005.
FCC Extends Sunset of "Established Business Relationship" Exemption For Unsolicited Facsimile Ads Under TCPA
Bart T. Murphy of Wildman, Harrold, Allen & Dixon LLP
A ÃÂcottage industryÃÂ of the Telephone Consumer Protection Act (ÃÂTCPAÃÂ) unsolicited facsimile ad litigation has arisen and the potential exposure for defendants is significant. As a result of these filings, a number of insurers have also filed declaratory judgment actions seeking declarations that they are not liable for coverage on these claims.
GPS Update: The FCC Sets the Table for GPS Location Technology in Wireless Phones
Daniel R. Sovocool of Thelen LLP
This article summarizes the FCC's recent rule change by which wireless carriers must comply with the agency's Phase II E-911 wireless location mandate.
Recording Telephone Conversations
Federal Communications Commission
Brochure from the Federal Communications Commission which provides information about the rules which regulate recording telephone conversations and general information about the interception and divulgence of radio communications.
Interception and Divulgence of Radio Communications
Federal Communications Commission
Fact sheet from the Federal Communications Commissions which provides general information regarding the interception of radio communications as governed by the Communications Act.
Taking Legal Actions
Federal Communications Commission
Publication from the Federal Communications Commission which describes how consumers may file a lawsuit based on a violation of the Communications Act in Federal District Court or file a legal action at the FCC.
Implications of the Supreme Court's Verizon v. FCC Decision
Adam Thierer* of The Federalist Society
Telecommunications deregulation suffered a serious setback when the Supreme Court handed down its eagerly awaited decision in Verizon Communications v. Federal Communications Commission, and held that federal regulators could continue to force incumbent local telephone companies to share elements of their networks with rivals at heavily discounted rates.
Fact Sheet: Two Years After the Act
Federal Communications Commission
Fact sheet prepared by the Federal Communications Commission which describes the effect of the Telecommunications Act of 1996 two years after it was passed.
Suggestions on How to Prepare for the Year 2000
Federal Communications Commission
Tips from the Federal Communications Commission for businesses on how to prepare for the year 2000.
How to File a Complaint with the Federal Communications Commission
Federal Communications Commission
Publication from the Federal Communications Commission which describes how to file a complaint with them.
FCC License Auctions
Federal Trade Commission
Brochure from the Federal Trade Commission which describes what consumers need to know when considering investing in a license for a wireless telecommunications service.
Federal Communications Commission Alert Regarding Auction Scams
Federal Communications Commission
Publication for consumers from the Federal Communications Commission (FCC) which describes various scams that promote fraudulent investments in FCC licenses subject to auction.
FCC Rule Revisions May Foretell Political Earthquake
Robert W Doyle,Kelly Cameron and Robert L. Galbreath of Bryan Cave LLP
On February 20, 2003, the Federal Communications Commission ("FCC") rewrote some of its rules for local telephone competition. For a number of reasons the ultimate impact of the FCC's decision on competition is unclear. What seems clear, however, is that the decision signals a dramatic political shift at the FCC at the expense of Chairman Michael Powell.
New Requirements Concerning Children's Programming: A Reminder of Broadcasters' Obligations
Paul, Hastings, Janofsky & Walker LLP
NEW REQUIREMENTS CONCERNING CHILDREN'S PROGRAMMING: A REMINDER OF BROADCASTERS' OBLIGATIONS .
Recent Developments in Anti-Slamming Regulation
James M. Smith and Michael Van Eckhardt of Davis Wright Tremaine LLP
In our March 28, 2003 DWT Telecom Alert, we advised you of new and significant changes to the FCC's "slamming" rules. Since then, a new Federal Court of Appeals decision and two new FCC actions have thrown the rules of the road in this area into even greater turmoil. Indeed, these actions may have serious implications for the entire FCC/state scheme regulating the verification of telecom service changes and enforcement of slamming rules.
Client Alert: August 1998--FCC Proposes New International Settlement Rate Rules For Telecommunications Carriers To Promote Competition And Lower Regulatory Barriers
Michelle W. Cohen and Seth C. Silber of Paul, Hastings, Janofsky & Walker LLP
This Client Alert provides an overview of the FCC's proposed international settlement rate rules for telecommunications carriers.
The FCC'S UNE Triennial Review Order--A Mixed Bag for Competitors
Davis Wright Tremaine LLP
Yesterday, the FCC adopted its UNE Triennial Review decision, the most sweeping ruling affecting the telecommunications industry since 1996, and one that is certain to have far-reaching effects in the telecommunications industry for years to come. The decision, which is the result of much debate and compromise, is essentially a "mixed bag" for the competitive industry, with some "wins" and some "losses."
Satellite DARS Auction to Commence
Paul, Hastings, Janofsky & Walker LLP
On April 1, the FCC will commence the auction of two licenses to provide Digital Audio Radio Service.
What You Can Do About Unsolicited Telephone Marketing Calls and Faxes
Federal Communications Commission
Brochure from the Federal Communications Commission which explains the FCC's "do not call rules" which protect consumers from unwanted telephone solicitations faxes to their homes.
Telecom Mergers Predicted: But Don't Bet On ItÃÂ
Kelly Cameron,Andrew Pickens Miller and G. Patrick Watson of Bryan Cave LLP
The New Year brings a flurry of Top 10 lists and resolutions to lose weight. This year, in the wake of the burst of the telecom and Internet bubble, the New Year also brings predictions of major mergers in an industry that is considered to be "ripe for consolidation." While there are plausible cases to be made for potential mergers, there are also a number of reasons to believe that weight-loss vows are as likely to come to fruition as any "major" telecom merger.
Practical Suggestions for Complying With The National Do Not Call Registry
Joseph J. Lewczak and Sofia S. Rahman of Davis & Gilbert LLP
Now that the fate of the National Do Not Call Registry (the "Registry") lies in the hands of the 10th Circuit Court of Appeals and Registry enforcement efforts have been undertaken by the Federal Trade Commission ("FTC"), the Federal Communications Commission ("FCC") and state Attorneys General, practical questions of compliance have arisen as telemarketers begin scrambling to keep up with the fast pace of developments in this area.
FCC Releases Collocation Ruling and Further Notices of Proposed Rulemaking on Other Collocation Issues and Issues Concerning Deployment of New Network Architectures
Arent Fox LLP
This alert summarizes the FCC's notice of proposed rulemaking relating to collocation issues and issues concerning deployment of new network architectures.
Brief Update: Second Circuit Grants Writ of Mandamus In NextWave Case
Weil, Gotshal & Manges LLP
In this update, the author discusses a Second Circuit opinion that concluded the Bankruptcy Court violated its prior mandate, and the FCC's licensing decisions are outside the bankruptcy courts limited jurisdiction.
Wireless Telecommunications Investment Scams
Federal Communications Commission
Publication from the Federal Communications Commission which offers guidelines to help protect potential investors in wireless telecommunications services from being defrauded by unscrupulous promoters.
FCC Prohibits Fax Advertising WIithout Signed Written Consent From Recipient
Joseph J. Lewczak and Ivana Starr of Davis & Gilbert LLP
On August 25, 2003, new FCC regulations further restricting the use of facsimile advertising will go into effect. Compliance with the requirement that affirmative, signed permission be obtained in order to send advertisements relating to the commercial availability or quality of goods or services by fax has been extended to January 1, 2005.
Year 2000 Information and Readiness Disclosure Act
Brobeck Phleger & Harrison LLP
This report details the Y2K Information and Readiness Disclosure Act.
Telephone Slamming
Federal Communications Commission
Publication from the Federal Communications Commission (FCC) for consumers which explains the FCC anti-slamming rules which involve switching a consumer's telephone carrier without his or her knowledge or consent.
Pacific Quadra casting: New Support For Security Interests In Broadcast Licenses
Christopher M. McDermott of Cadwalader, Wickersham & Taft LLP
For companies in the broadcasting, cellular communications and other media businesses, the licenses granted by the .
Commission to Vote on DTV
Paul, Hastings, Janofsky & Walker LLP
As of this writing, the FCC is expected to adopt digital television ("DTV") service rules and .
What the Telecommunications Act of 1996 Means for People With Disabilities
Federal Communications Commission
Discussion paper from the Federal Communications Commission regarding the impact of the Telecommunications Act of 1996 on people with disabilities.
How to Participate In the Federal Communications Commission Comments Process
Federal Communications Commission
Tips from the Federal Communications Commission for businesses on how they can participate in the comments process.
A La Carte Regulation of Pay TV: Good Intentions vs. Good Economics
Adam Thierer and Jeffrey Eisenach of The Federalist Society
"A la carte" regulation of cable and satellite television networks and programming would likely have the exact opposite effects of what its proponents intend, leaving consumers and families worse off than they are today.
NARUSCA v. FCC: Federalism, Line Item Billing, and the Future of Wireless Consumer Protection
Seth Cooper of The Federalist Society
States can regulate line items in customer billing for cellular wireless services. The Supreme Court left standing a Eleventh Circuit Court of Appeals decision that state truth-in-billing rules for wireless are not preempted under federal law. Here follows a look back at the Eleventh Circuit's ruling, as well as a short take on the past, present, and possible future of wireless consumer protection regulation.
U.S. Court of Appeals Vacates and Remands FCC Order Concerning Reciprocal Compensation for ISP-Bound Traffic
Alan G. Fishel and Brett A. Snyder of Arent Fox LLP
This article discusses the recent U.S. Court of Appeals decision which vacated and remanded the FCC order relating to reciprocal compensation for ISP traffic. This decision will have significant impact on local exchange carriers, other telecommunications carriers, ISPs and other enhanced services providers.
FCC Decisions on VoIP Classification Will Affect the Future of the Service
Perkins Coie
Voice over Internet Protocol ("VoIP") is arguably one of the most important recent developments in telecommunications, yet is virtually ignored by current federal and state regulations applicable to traditional telephone service. However, the growing popularity of VoIP in both the private and business sectors (some analysts claim that VoIP will replace traditional telephone service for the majority of users by the end of this decade) makes it likely that VoIP will be subjected to at least some regulatory requirements in the future.
New FCC Order Liberalizes the International Settlement Rate Rules for Telecommunication Carriers
Michelle Weisberg Cohen of Paul, Hastings, Janofsky & Walker LLP
The U.S. Federal Communications Commission ("FCC") has recently amended its International Settlements Policy ("ISP.
FCC Preempts State Commission Requirements That ILECs Provide DSL Service to End User Customers Subscribing to CLEC Voice Service; Issues Notice of Inquiry on Bundling of "Legacy" and "New" Services
Perkins Coie
On March 25, 2005, the FCC released an order ("Order") over two dissents (by Commissioners Adelstein and Copps) granting a petition for declaratory ruling filed by BellSouth Telecommunications, Inc. ("BellSouth"). The Order preempts separate orders of four state commissions in BellSouth's local service territory that had required BellSouth to provide DSL service to customers receiving voice services from Competitive Local Exchange Carriers ("CLECs") using unbundled loops leased by the CLECs from BellSouth.
Truth-in-Billing For Telephone Bills
Federal Communications Commission
Tips for consumers from the Federal Trade Commission on how protect themselves from telecommunications fraud and save money.
Creation of New Regulatory Regimes in the African Region
Coudert Brothers LLP
Until a short while ago, in many African countries the state-owned operator was both the monopoly operator and reg.
U.S. Court of Appeals Collocation Ruling
Alan G. Fishel and Brett Synder of Arent Fox LLP
This article reviews the U.S. Court of Appeals decision for the District of Columbia whereby the district court reviewed the FCC's order concerning carriers rights to collocate their equipment at the incumbent local exchange carriers' facilities.
FCC Seeks Comments In Ultra-Wideband Proceeding Alert
Arent Fox LLP
This article reviews the FCC's proposed rules relating to Ultra-Wideband devices. In particular, the FCC is seeking comment relating to which types of UWB devices should be permitted and under what conditions should such devices be allowed.
The Future of American Spectrum Policy
Kathleen Q. Abernathy* of The Federalist Society
A policy speech covering: 1) why spectrum management is important; 2) the contours of the spectrum policy debate and the FCC's role; 3) the key values and considerations the FCC Commissioner believes should guide that debate; and 4) where we go from here.
FCC and Congress Look for New Frequency Bands for Expanded WiFi Use
James S. Blitz of Davis Wright Tremaine LLP
Recent interest in unlicensed wireless operations using the 802.11 standard, often called "WiFi," has led both the FCC and Congress to identify additional spectrum where WiFi operations might be possible. The FCC recently issued a Notice of Inquiry (NOI) proposing two bands - including the one currently used for over-the-air television broadcasting - where unlicensed operations could be permitted.
Advertising, Marketing And Promotions 2004 Year In Review: Don't Cross The Line In 2005
Joseph J. Lewczak and Michael S. Abitbol of Davis & Gilbert LLP
By all accounts, 2004 was a star-studded year in the world of advertising, marketing and promotions. Janet Jackson, Steve Garvey, Arnold Schwarzenegger, Eliot Spitzer and a bevy of milk mustache wearing celebrities made a significant impact on the industry. While it remains unclear what the stars hold for 2005, here we re-cap some of the major moments of 2004 and consult the astrological charts in an attempt to predict what's in store for 2005.
Number Portability Developing Into a Telemarketing Quagmire
Joseph J. Lewczak and Ivana Starr of Davis & Gilbert LLP
On November 24, 2003 the Federal Communication Commission's number portability rule went into effect in the largest 100 metropolitan statistical areas. The remaining areas will have until May 24, 2004 to comply. In addition to allowing consumers the ability to switch their wireless carrier without losing their current wireless number, local number portability also requires landline carriers to allow consumers to transfer their numbers to wireless carriers. The end result is that a telephone number that was previously a landline number, may now in fact belong to a wireless number.
The Federal Communications Commission's Universal Service Support Mechanisms
Federal Communications Commission
Publication for consumers from the Federal Communications Commission (FCC) which describes the actions the FCC has taken to ensure that affordable access to telecommunications services is available.
Brand Names In Entertainment: The Trend, and The Controversy, Grows
Ronald R. Urbach,Martin Garbus and James L. Johnston of Davis & Gilbert LLP
From the Little Orphan Annie radio show sponsored by Ovaltine in the 1930’s and 40’s to the Texaco Star Theater of the late 1940’s and early 1950’s to this summer’s second season of Pepsi Smash on The WB television network, the presence of advertisers and brand names in popular entertainment has again come full circle. This latest iteration of the branded entertainment phenomenon is penetrating every form of media.
Do Not Call Stumbles, Recovers
Joseph J. Lewczak and Ivana Starr of Davis & Gilbert LLP
On October 7, 2003, the United States 10th Circuit Court of Appeals granted the Federal Trade Commission's ("FTC") request to stay an order of the United States District Court for the District of Colorado that blocked FTC implementation and enforcement of the National Do Not Call Registry ("Registry"). In granting the stay, the Court of Appeals found that the FTC demonstrated a substantial likelihood of success on the merits and that the implementation of the Registry likely "passes muster" under the Central Hudson test.
FCC Proposes New International Settlement Rate Rules for Telecommunications Carriers to Promote Competition and Lower Regulatory Barriers
Michelle Weisberg Cohen of Paul, Hastings, Janofsky & Walker LLP
The U.S. Federal Communications Commission ("FCC") proposed on August 6 to once again revise its int.