D.C. Circuit Affirms FCC's Net Neutrality Order

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order, which classified broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act of 1934, and imposed on providers a slate of “open Internet” and traditional common-carrier regulations. In this podcast, Jennifer Holtz and Jameson Dempsey, associates in Kelley Drye & Warren’s Communications Group, review the challenges to the FCC’s order, and unpack the decision and its reasoning. Listeners should also check out our client advisory on the decision.

“Smoking Gun”: Navigating the Scene of the FCC’s Broadband Privacy Rulemaking

In March the FCC adopted a Notice of Proposed Rulemaking to create privacy rules for broadband service providers. While the FCC and its supporters argue that these proposed rules will spur increased broadband use and investment through the “virtuous cycle,” many in the industry are concerned about overly prescriptive rules and the creation of an unfair playing field for broadband providers in the digital marketing place.  In this podcast, John Heitmann, Kelley Drye’s communications practice group chair, explains the history and motivations behind the FCC’s recent action, and walks through the proposal’s key provisions.

FCC Enforcement: A Year in Review

New Enforcement Bureau Chief, Travis LeBlanc, took the FCC by storm when he assumed his position in 2014.  In this podcast, Communications partner Steve Augustino provides a review of LeBlanc’s second year running the Enforcement Bureau.  Mr. Augustino addresses the trends in enforcement over the past year and the emergence of an unlikely critic of the FCC’s enforcement practices.  Subscribe to Kelley Drye’s Full Spectrum podcasts to keep up to date on the latest trends and topics in communications.

The Lifeline Modernization Order: What You Need to Know

In late April, the FCC released an order undertaking a sweeping overhaul of the Lifeline Universal Service phone program, expanding supported services to include broadband, and making a number of changes to the program’s administration. In this podcast Josh Guyan will walk through these changes, and what they mean for Lifeline service providers. Be sure to check back for future podcasts taking in-depth looks at particular changes to the Lifeline program.

The End of the Beginning – Apple versus the FBI

While the battle between the FBI and Apple over unlocking the iPhone of one of the San Bernardino shooters has largely subsided, the dispute is only the opening act of a larger discussion of government needs versus consumer privacy. In this podcast Steve Augustino will explain the importance of the FBI’s reliance on the All Writs Act of 1789, the potential fallout of this case, and where technology is outpacing existing privacy law. 

USAC is Going to Audit You … Now What?

If you are a telecommunications provider in the United States, you never know when you may be audited by the Universal Service Administrative Company. In this podcast Steven Augustino and Denise Smith provide an overview of Universal Service Fund audits, detail the process and timeline of an audit, and offer helpful tips to survive an audit. For more you can also listen to Kelley Drye’s 7th Annual Universal Service Update webinar, available here.

Privacy Case Study: the Cox Consent Decree

Since late 2014, the FCC has dramatically ramped up its privacy enforcement efforts, including blockbuster forfeitures and settlements with carriers large (AT&T) and small (YourTel/Terracom). In this podcast, Jameson Dempsey will provide a case study of one recent settlement, involving Cox Communications, and will place it in the broader context of the FCC’s recent privacy-related enforcement actions.

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Key Elements of the False Claims Act and its Application to Communications Companies

In this episode, Kelley Drye associate Dawn Damschen discusses the False Claims Act and its potential application to communications companies. She explains the key elements and the government’s procedures for intake, review, and prosecution of False Claims Act violations.  She also discusses recent court cases addressing the FCA’s application to the Universal Service Fund (USF) and general advice about how communications companies should respond to FCA-related agency inquiries.

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Net Neutrality: What you should be doing (other than waiting for the courts to decide)

In March of this year, the Federal Communications Commission released a Report and Order to reclassify broadband under the common carrier rules of Title II of the Communications Act. The U.S. Telecom Association, along with an array of other industry representatives, is challenging the order in the D.C. Circuit Court of Appeals. There has since been a flurry of activity as supporters and opponents of the FCC’s decision file amicus briefs in advance of oral arguments on December 4, 2015.

In this podcast John Heitmann, Chair of Kelley Drye’s Communications practice, and Jameson Dempsey, a Communications associate, will discuss the FCC’s order, on-going enforcement actions by the FCC and FTC, and the growing grey areas as regulators apply 20th century rules and legislation to 21st century business models and technology. John has over twenty years of experience representing the full range of communications providers. Jameson is a rising star in the office, and has often spoken on these and other issues.

WEBINAR: The TCPA Thicket: Making Sense of the FCC's Latest Ruling

On June 18,  the FCC approved a major TCPA Declaratory Ruling that redefined an “autodialer,” specified liability for calls to reassigned telephone numbers, provided consumers with a right to revoke consent via any reasonable means and established new exceptions for financial and healthcare related calls, among other things.  With the order’s release on Friday, July 10, industry participants can finally begin to evaluate the implications of the FCC’s rulings on their ability to text or call customers and potential customers.  In this podcast  Kelley Drye’s TCPA Practice and Government Affairs attorneys will discuss the rulings, the prospects for appeals, and potential legislative responses to the FCC action.

WEBINAR: Kelley Drye 6th Annual USF Update

From the intricacies of USF contributions to revisions in the four support funds, this podcast will help any communications provider understand and thrive in this space.

This update addresses the major developments in the past year. In the area of USF contributions, partners John J. Heitmann and Steve A. Augustino, and associates Denise Smith and Josh Guyan discuss the most recent USF appeals, the FCC's referral of contributions reform to a Federal-State Joint Board and, of course, our annual review of what you need to know in the FCC's Form 499-A instructions.  The podcast also addresses what to expect in the new mandatory USAC appeal process for USF decisions.

In relation to the supported programs, the podcast discusses the significant changes made to the FCC's e-rate program, and the impact of the nearly $1.5 billion annually being added to the e-rate fund. It also discusses key issues for Lifeline carriers, including the latest on duplicates detection, biennial audits and the re-certification process. In addition, the podcast covers critical issues affecting rural healthcare providers and participants in the Connect America Fund high cost program. Finally, it concludes with an overview of USF enforcement actions and the activities of the new USF "Strike Force" in the FCC's Enforcement Bureau.

WEBINAR: FCC Releases Open Internet Order

The FCC voted 3-2, along party lines, to reclassify “broadband Internet access service” (including both fixed and mobile broadband) as a “telecommunications service” under Title II of the Communications Act of 1934, as amended, and to apply new prohibitions on blocking, throttling and paid prioritization.  It also forbears from many provisions of Title II, while applying other of the traditional Title II provisions.

The release of the Order enables everyone to begin the process of dissecting the dense 300+ pages of rules and explanations for the Commission’s action.  The Order also moves the Open Internet rules one step closer to judicial review.  Appeals can be filed once the Order is published in the Federal Register, a process that may take a week or more to be completed.

In this podcast, Kelley Drye attorneys Steve Augustino, John Heitmann, Tom Cohen and Jameson Dempsey discuss the implications of this order.

WEBINAR: FCC Equipment Authorization Rules: What Manufacturers, Retailers, and Others in the Chain Need to Know

Partner Chip Yorkgitis and Senior Associate Josh Guyan of the Communications Practice Group of Kelley Drye & Warren LLP address the FCC's equipment authorization and marketing rules as well as the FCC's recent enforcement actions associated with this equipment capable of causing harmful interference. Discussion includes practical steps companies can take to ensure they remain compliant and is designed for manufacturers, importers, distributors, and vendors of all types of digital and electronic equipment that fall under the broad scope of the FCC's regulations. These companies should familiarize themselves with, and stay current with, the FCC's rules, and implement procedures to ensure that their devices are in compliance with the pertinent regulations.

WEBINAR: Are Your Organization's Wireless Communications Putting You at Risk?

Businesses in virtually all industries − manufacturing, retail, hospitality, energy, healthcare, public safety, to name a few − and other organizations, such as state and local governments, use wireless communications to support day-to-day operations pursuant to the FCC regulatory framework. Often FCC licenses are required, but devices and systems not subject to licensing are becoming more common, from digital scanners and unlicensed push-to-talk radios to RFID chips and unlicensed machine-to-machine links. These unlicensed operations are also often subject to complicated FCC regulations governing the use of wireless spectrum.

The FCC’s Enforcement Bureau continues to step up its enforcement on matters concerning licenses and unlicensed use of the radio spectrum, unauthorized transfers of control or assignments, and operation of unlawful signal boosters and jammers. Many businesses and other organizations may be unprepared to avoid the pitfalls that may arise. Your organization may be exposed to burdensome investigations, monetary forfeitures, and other penalties if you fail to identify your applicable regulatory obligations and put a plan in place to ensure compliance.

Partner Chip Yorkgitis, Senior Associate Josh Guyan and Associate Dawn Damschen of Kelley Drye & Warren’s Communications Practice Group on address the recent trends in FCC enforcement actions and the practical steps your company can take to ensure that you comply with FCC licensing requirements and use of unlicensed devices and systems.

WEBINAR: Examining the FTC’s Report on the Internet of Things

The FTC has issued its long-awaited report entitled The Internet of Things: Privacy and Security in a Connected World.  The report includes recommended privacy and security best practices for companies that create and sell connected devices.  But the line between best practices and alleged violations can quickly blur.  This podcast examines the FTC report and discusses compliance considerations for the design and marketing of such connected products and services.