Maine Passes Broadband Privacy Bill

By Elfin Noce on June 12, 2019 Posted in FCC

Maine entered the privacy fray last week when Governor Janet T. Mills signed legislation targeting internet service providers by prohibiting the sale of information about customers’ internet use. The new restriction covers, in part, customer web browsing history, application usage history, and geolocation information. An internet service provider may only use, disclose, sell or permit access to such information with either the customer’s consent or by complying with one of the few outlined exceptions in the statute. Continue Reading

Clear for More Takeoffs: Now is the Time to Have Your Voice Heard on New Satellite and Launch Regulations

By Reid Whitten, Fatema Merchant and Brian Weimer on March 19, 2019 Posted in FCC

On March 8, the U.S. government signaled regulatory changes that may create new opportunities for international collaboration on satellite development, global sales of satellite and launch equipment, and even sharing launch technology.

. . . and the Government wants you to weigh in. Continue Reading

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

By Paul Werner and Imad Matini on February 4, 2019 Posted in FCC

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 Communications Commission’s (“Commission’s”) 2018 Restoring Internet Freedom Order (“2018 Order”). Continue Reading

Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term “Advertisement”

By Paul Werner and David Poell on November 15, 2018 Posted in FCC

On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax solicitations and imposes serious penalties for violations. See 47 U.S.C. § 227, et seq. By granting certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, the Court is set to resolve the question whether the Hobbs Act requires district courts to accept the FCC’s interpretation of the TCPA’s key statutory term “advertisement.” Continue Reading

As The “Net Neutrality” World Turns . . . .

By Paul Werner and Imad Matini on November 7, 2018 Posted in FCC

Earlier this week, the United States Supreme Court denied requests by the Trump Administration and telecommunications industry players to vacate a prior decision by the D.C. Circuit Court of Appeals upholding the Federal Communications Commission’s (“FCC’s”) 2015 Open Internet Order, which adopted a suite of Net Neutrality regulations. As a result, the D.C. Circuit’s earlier decision remains standing while challenges to the FCC’s 2018 Restoring Internet Freedom Order, which repealed the earlier Net Neutrality regulations, proceed before the D.C. Circuit. Continue Reading

FIRRMA Takes Form as CFIUS Enacts a New Pilot Program Targeting “Critical Technologies”

By Brian Weimer, Reid Whitten, Drew Svor and Enumale Agada on October 11, 2018 Posted in FCC

On October 10, 2018, the Committee on Foreign Investment in the United States put into effect the first mandatory filing requirement ever imposed by CFIUS. The Department of Treasury’s summary of the Pilot Program is available here.
Effective November 10, 2018, CFIUS will require reviews of critical technology investments – including certain non-controlling investments – from any country.
A failure to file notice or a new short form declaration to CFIUS may result in a civil monetary penalty up to the value of the transaction.
The requirements will not apply to any transaction that is completed prior to November 10, 2018 or any transaction for which the material terms were established prior to October 11, 2018.

Background

On August 13, 2018, President Trump signed FIRRMA into law. FIRRMA is a transformational expansion of the authority of the Committee on Foreign Investment in the United States (CFIUS) to review certain transactions that previously eluded the Committee’s jurisdiction (discussed in our blog, here). Congress left many critical aspects of the FIRRMA framework to be addressed through regulations promulgated by the Department of Treasury. Although we do not expect final rules to be forthcoming until late 2019 or early 2020, Congress empowered the Department of Treasury to “test-drive” parts of FIRRMA through Pilot Programs. Those programs can be implemented simply, taking effect 30 days after publication of the program requirements in the Federal Register. The adoption and implementation of the Pilot Program for critical technologies represents the Department of Treasury’s first attempt to implement substantive parts of FIRRMA prior to issuing formal regulations. Continue Reading

FCC’s Foreign Media Reporting Requirements: Extension of FARA or New Domain?

By Brian Weimer, Fatema Merchant and Drew Svor on September 20, 2018 Posted in FCC

On September 4, 2018, the Federal Communications Commission issued a new rule requiring foreign media outlets to submit reports to the FCC disclosing their relationships with foreign principals. The notice was issued pursuant to the 2019 National Defense Authorization Act.[1] Continue Reading

Expanding CFIUS: New Law Strengthens And Slows Investment Review

By Reid Whitten on August 17, 2018 Posted in FCC

This week, you have likely heard about FIRRMA, the Foreign Investment Risk Review Modernization Act, the law that will expand CFIUS. We have written about a number of aspects of the new law as it was being made, including the following:

In this alert, we provide a quick overview of the major points of that law. Continue Reading

Federal Regulatory Developments Brewing in Telehealth

By Matthew Shatzkes and Sean M. Cuddihy on July 23, 2018 Posted in FCC

Two federal agencies – the Centers for Medicare and Medicaid Services (“CMS”) and the Federal Communications Commission (“FCC”) – announced separate initiatives last week that stand to increase patient access to telehealth services. Continue Reading

Commerce Prioritizes Earth Selfies as It Seeks to Improve Remote Sensing Licensing

By Brian Weimer, Aaron Shourie, Drew Svor and Eamon Tierney on July 17, 2018 Posted in FCC

On June 25, 2018, the Department of Commerce (“Commerce”) released an advance notice of rulemaking through the National Oceanic and Atmospheric Administration (“NOAA”). As an initial step before Commerce drafts proposed regulations and issues a Notice of Proposed Rulemaking, the notice seeks input from stakeholders on key issues relating to potential revisions to the regulations currently governing how NOAA[1] administers licensing for commercial remote sensing space systems. The last update to the relevant regulations was in 2006 and significant technological developments, new business models, and increased foreign competition require regulatory updates in order to facilitate continued growth and U.S. leadership in this industry. Continue Reading

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