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Dave Thomas is a partner in the Business Trial Practice Group in the firm's Washington, D.C. office.

Who knew that state sovereignty and urging states’ rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation.

Continue Reading FCC Assures State Lawmakers of Commitment to Pole Attachment Rules Promoting Broadband Deployment and Competition

On September 21, 2021, the Federal Communications Commission (FCC) issued the latest single in its anthology of decisions regulating the relationship between incumbent local exchange carriers (ILECs) and electric utilities, ensuring ILECS are charged rates comparable to similarly situated communications attachers.

Continue Reading The FCC’s Latest Pole Attachment Ruling: “Just Another Brick In The Wall” for Electric Utilities, or “Satisfaction” for ILECS?

On May 26, 2021, a Sixth Circuit panel rejected challenges by numerous municipalities to a 2019 order by the Federal Communications Commission (FCC) that most “in kind” (non-cash) contributions required by cable franchisees qualify as franchise fees subject to the federal Cable Act’s 5% cap.
Continue Reading Sixth Circuit Affirms FCC Rule That Most In Kind Contributions Are Franchise Fees

Plan Provides Subsidies for Device Purchases and Internet Service Subscriptions

On May 12, 2021, the Federal Communications Commission (“FCC”) began enrolling eligible households in its Emergency Broadband Benefit (“EBB”) program.  The EBB program provides eligible households with up to a $50 monthly discount on their internet plans (and up to $75 a month discounted for households located on Tribal lands).[1]  The EBB also includes funding for a one-time discount of up to $100 for a tablet, computer, or other specified device for qualifying households.[2]
Continue Reading FCC Launches Consumer Broadband Device and Service Program

On August 12, 2020, a Ninth Circuit panel affirmed three orders issued in 2018 by the Federal Communications Commission (FCC) to promote infrastructure investment and broadband deployment, including 5G small cell nodes.
Continue Reading Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders

On Thursday, August 1, 2019, the FCC took several actions to address persistent, decades-long efforts by local governments to convert their control over local rights-of-way into ever-increasing revenue streams from cable operators and other communications companies relying on those critical corridors for the provision of electronic communications. The FCC clarified that:

Continue Reading Virgil Quick Come See: FCC Drives Down Local Government Regulation of Cable Operators

Promoting infrastructure investment and broadband deployment has been a top priority for Chairman Ajit Pai’s FCC. On July 12, 2018, the Chairman took a significant stride in advancing his agenda by releasing a draft report and order that would enact, among other things, a “one-touch make-ready” (OTMR) process for most third-party communications-provider attachments to utility poles.
Continue Reading FCC Seeks “Large Step” Toward Advancing Broadband Infrastructure Goals With Draft One-Touch Make-Ready Order