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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.
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.
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.
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.
China's Telecommunications Industry: The New Ministry of Information Industry (MII) and Foreign Investment Opportunities
Morrison & Foerster LLP
This article discusses a decision by the 9th National People's Congress of the People's Republic of China to reorganize various ministries, reducing the total number from 40 to 29. This will especially effect the communication industry.
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.
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.
Quad Officials Discuss Structure of Year 2000 WTO Services Talks
Paul, Hastings, Janofsky & Walker LLP
The Quad countries have begun initial discussions regarding the structure for the next round of WTO services t.
Biting the Hand that Feeds: Can Telecommunications Competitors and Consumers Bring Antitrust Claims Based on Incumbents' Non-antitrust Duties?
Robert Pambianco* 1
The telecom mess has gotten messier. Thanks to the ingenious efforts of enterprising class action lawyers, a split has emerged among three federal courts of appeals, further complicating the legal swamp created by the 1996 Telecommunications Act.
Caltech Antitrust Case by CLEC Against Pacific Bell Proceeds to Trial
Morrison & Foerster LLP
This article discusses an antitrust lawsuit filed against Pacific Bell that alleges Pacific Bell monopolized local exchange service in California by preventing customers from switching to Caltech.
Internet Infrastructure Issues: Regulation and Un-Regulation of The "Pipes" That Provide The Internet
Christopher Wolf of Proskauer Rose LLP
This article examines developments in the regulation of Internet access services.
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.
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 .
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.
The Licensing Regime Under German Telecommunications Law: Implementation and Interpretation
Karl Pilny of Coudert Brothers LLP
The liberalization of the European telecommunications markets, on the one hand has lead to the creation of numerou.
The Status Quo in German Telecommunications Law: A Legislative Race Towards the Liberalization Deadline
Karl Pilny of Coudert Brothers LLP
Although a last minute regulatory effort had become necessary, the German legislator and the rulemakers in the Ger.
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.
U.S. Court of Appeals Vacates and Remands FCC Order Concerning Reciprocal Compensation for ISP-Bound Traffic
Alan G. Fishel and Brett A. Snyder 1 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.
U.S. Court of Appeals Collocation Ruling
Alan G. Fishel and Brett Synder 1 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.
Are Class Action Lawyers Systematically Targeting Regulated Industries?
William Barr 1 and Barbara Hart* 2
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.
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.
B2B Exchanges - We're Not Talking Bobkes Here
Alan M. Gahtan 0 of Lexpert
A business-to-business (B2B) marketplace or exchange is a service which matches buyers and sellers in a particular industry. Sales take place either through online catalogs posted by each supplier or through real-time Internet-based auctions. In either case, the consolidation of sales through a single marketplace fosters price discovery and reduces the inefficiencies that are otherwise associated with highly fragmented purchasing processes.
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."
The Federal Communications Commission Universal Service Programs for Low-Income Consumers

Publication from the Federal Communications Commission which describes universal service programs for low income telecommunications customers.
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.
New FCC Order Liberalizes the International Settlement Rate Rules for Telecommunication Carriers
Michelle Weisberg Cohen 1 of Paul, Hastings, Janofsky & Walker LLP
The U.S. Federal Communications Commission ("FCC") has recently amended its International Settlements Policy ("ISP.
Issues in the Canadian Telecommunications Marketplace
Lorne P. Salzman and Brodie Swartz of McCarthy Tetrault
For years, computer users have used their Internet service to implement a type of voice telephone service. Typically, it was a poor substitute for traditional voice telephone service. The quality of voice over internet protocol, or VoIP, calls was unreliable, making the connection between callers cumbersome. As a result, the primary application of VoIP was as a niche service for those seeking a substitute for expensive overseas calling.
Frequently Asked Questions on Universal Service for Rural Health Care Providers
Federal Communications Commission
Answers to frequently asked questions from the Federal Communications Commission regarding the rules regarding access to telecommunications services necessary for the provision of health care services by rural health care providers at rates comparable to those paid for similar services in urban areas.
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.
The Future of American Spectrum Policy
Kathleen Q. Abernathy* 1
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.
Implications of the Supreme Court's Verizon v. FCC Decision
Adam Thierer* 1 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.
Year 2000 Information and Readiness Disclosure Act
Brobeck Phleger & Harrison LLP
This report details the Y2K Information and Readiness Disclosure Act.
FCC Proposes New International Settlement Rate Rules for Telecommunications Carriers to Promote Competition and Lower Regulatory Barriers
Michelle Weisberg Cohen 1
The U.S. Federal Communications Commission ("FCC") proposed on August 6 to once again revise its int.
Selecting an e-Discovery Service Provider in an Uncertain Market
Laura Webster, Solution Design Architect, Fios, Inc. 1
In today's economy, corporations and law firms can incur significant risk if they rely on e-discovery vendors that are not financially stable. Loss of data access due to provider bankruptcy or system shutdowns can be fatal to a case. To help clients evaluate the viability of your current or future service providers, Fios has developed the following “e-Discovery Service Provider Due Diligence Checklist”
Communications Law and Regulation
Goldberg, Godles, Wiener & Wright
This summary outlines many of the basic issues confronting communications law practitioners today.
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.
Client Alert: August 1998--FCC Proposes New International Settlement Rate Rules For Telecommunications Carriers To Promote Competition And Lower Regulatory Barriers
Michelle W. Cohen 1 and Seth C. Silber 2 of Paul, Hastings, Janofsky & Walker LLP
This Client Alert provides an overview of the FCC's proposed international settlement rate rules for telecommunications carriers.
Slamming, Cramming And Other Abusive Tactics Of Long Distance Telephone Carriers
Malesovas & Martin, L.L.P.
With deregulation of long distance telephone providers, consumers now have more options than ever available to the.
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.
Direct Investment in Indonesia: A Sectoral Review
Michael S Horn of Coudert Brothers LLP
(By Michael Horn and Yenti Abdurrachman. Messrs. Horn and Abdurrachman are a partner and a senior associate, respe.
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.
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.
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.
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.

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