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If You Offer Internet Service, Your Speech is Now Highly Regulated by the FCC

In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers.  The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market … Continue Reading

FCC Publishes Draft of National Broadband Map: Challenge Process Officially Begins

On November 18th, the FCC published a draft of the long-awaited updated National Broadband Map.  This version of the map shows the availability of fixed and mobile broadband as reported by internet service providers (“ISPs”) as of June 30, 2022.  This map endeavors to improve upon the FCC’s broadband data collection via Form 477, which … Continue Reading

Virginia’s New Consumer Data Protection Act

On March 2, 2020, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“VCDPA”) into law, making Virginia only the second state to enact such comprehensive data protection legislation (after California).  The law itself becomes effective on January 1, 2023 and will be codified at Virginia Code §59.1-571. The VCDPA applies to all … Continue Reading

FCC Adopts Affordable Connectivity Program

On Friday, January 14, 2022, the FCC voted to adopt a Report and Order and Further Notice of Proposed Rulemaking that provides detailed guidance for a long-term internet discount program: the Affordable Connectivity Program. The new rules take effect upon publication in the Federal Register, or after the appropriate publication period has passed – either … Continue Reading

Political Broadcast Rules on the Agenda for FCC’s January Open Meeting

On January 27, 2022, the FCC will hold its monthly open meeting. The meeting will address increasing the transparency of internet access service providers, amending the definition of a library to clarify that Tribal libraries are eligible for support from the E-Rate program, and resolving issues associated with white space devices and databases. The most … Continue Reading

November Open Meeting

On Thursday, November 18, 2021, the FCC will host its November Open Meeting. The headlining item this month addresses the ability to text 988, the National Suicide Prevention Lifeline 3-digit number.  The FCC adopted an item that assigned 988 as the National Suicide Prevention Lifeline and required certain providers to support calling to that number … Continue Reading

Broadband Infrastructure Grants: Partnering With Your Local Community

The U.S. Commerce Department’s National Telecommunications and Information Administration (“NTIA”) has announced the application requirements for the $288 million Broadband Infrastructure Program. This program will make awards in the range of $5 million to $30 million for fixed broadband infrastructure expansion critical to closing the rural/urban digital divide. While state and local governments will be … Continue Reading

The Emergency Connectivity Fund: Getting Ready for the Application Window

The Universal Service Administrative Co. (“USAC”) will soon establish a deadline to file applications for funding from the $7.171 billion Emergency Connectivity Fund recently established by Congress and the FCC. These funds can be used to provide broadband Internet access services, Wi-Fi hotspots, and equipment to non-profit schools (elementary and secondary) and libraries to enable … Continue Reading

Selected New Developments in Broadband – Through March 30

Capitol Hill President Biden on March 11, 2021 signed a further Coronavirus emergency spending package into law – the American Rescue Plan (ARP) Act ($1.9 trillion). A very high-level summary of the major spending components of the legislation can be found here (courtesy of CTC Technology & Energy) – but the notable highlights include a … Continue Reading

Selected New Developments in Broadband – January

Capitol Hill Although President Trump criticized the final $900 billion COVID-relief legislative package (containing both COVID-relief and an omnibus spending bill that averted a government shutdown) for providing too little financial relief to Americans and too much wasteful spending, on December 27 he signed the package into law.… Continue Reading

FCC Takes Step Forward to Establishment of Rip and Replace Program

The Federal Communications Commission (“FCC” or the “Commission”) took a significant step forward this month in concretizing its program for extirpating equipment from the country’s communications networks that poses a threat to national security. The Commission’s Order in large part implements the objectives of the Secure and Trusted Networks Act of 2019 (the “Secure Networks … Continue Reading

Selected New Developments in Broadband – December

Capitol Hill What will happen in broadband under a Biden Administration is at the top of everyone’s agenda. While we expect a large infrastructure/stimulus package (to include broadband) in the first 100 days, precise details are yet to emerge. Turning to the lame duck session, emergency broadband funding as part of COVID relief and/or the … Continue Reading

FCC Restructures Intelligent Transportation System Rules

On November 19, the FCC issued a Report and Order for which the Wi-Fi community can be justly grateful at their Thanksgiving celebrations. For some years the Federal Communications Commission (“FCC” or the “Commission”) has been concerned that the potential for Intelligent Transportation Systems (ITS) in the 5.85 – 5.925 band has never panned out.  … Continue Reading

Selected New Developments in Broadband – November

Capitol Hill On November 4, Senate Majority Leader Mitch McConnell indicated he is willing to resume negotiations on COVID-19 relief legislation before the end of the year (he had previously indicated no legislation is possible before the end of the year). Whether this would be standalone legislation or part of a necessary government funding package … Continue Reading

Reminder: EAS National Test Scheduled for August 7

Unless it is delayed by a real national emergency, the Federal Emergency Management Agency (“FEMA”) and the Federal Communications Commission (“FCC”) are on track to conduct a combined nationwide test of the Emergency Alert System (EAS) on Wednesday, August 7, at 2:20 p.m. EDT.  For most participants, this year’s test will be disseminated only using the broadcast … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for February-April

You’ll find below the list of deadlines* facing broadcasters and telecommunications providers during the upcoming months of February, March, and April. If you noted the asterisk, it’s because the government shutdown may affect many of these deadlines, either because the relevant online filing system or the required information is not accessible. If that is the … Continue Reading

Webcaster Wake Up Call: The (Not Entirely) Shutdown Update

This is the promised follow up to our December 14, 2018 post regarding the compliance obligations for 2019 under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing webcasters to make public performances sound recordings via digital audio transmission and to make related temporary copies of those … Continue Reading

The FCC Sets the Wheels in Motion to Clear More Spectrum for 5G

At its December open meeting, the Federal Communications Commission (“FCC” or “Commission”) took a significant step toward facilitating the deployment of fifth-generation (5G) wireless advanced services. For those still wondering what exactly 5G is, we have written about the highly touted mobile broadband technology several times, including here and here. The FCC has already cleared … Continue Reading

Webcaster Wake Up Call!

We usually publish our “Webcaster Wake Up Call!” post each January.  This post reminds webcasting services of their compliance obligations for the upcoming year under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing them to publicly perform sound recordings via digital audio transmission.  Part of the … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for December/January/February

December (the most wonderful time of the year) often carries with it a sense of retrospection.  We start looking back on the year that was, compiling “Best of” lists, tying up loose ends, getting those last donations and expenses in under the wire. Of course, there’s also plenty of forward-looking at what the new year … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for November/December

Let’s play some word association. If we say “Deadlines”, you might answer “Scary.”  Hence, the reason we’re publishing our November and December FCC deadlines post on Halloween.  Only, unlike the ghouls and goblins you may see on the streets tonight, these are real! Please note that the list is NOT exclusive, so there may be others. … Continue Reading

Upcoming FCC Telecom and Broadcast Deadlines for Fall 2018 (October/November/December)

Deadlines!  Get your deadlines here!  With summer in the rearview mirror, it’s time to get back to work and look ahead to the rest of the year.  Here’s a list of FCC-related broadcast and telecom deadlines. Please note that the list is NOT exclusive, so there may be others. For help meeting these deadlines or … Continue Reading

FCC Acts to Speed 5G Rollouts

In a much ballyhooed action on September 26, the Federal Communications Commission (“FCC” or “Commission”) took another stride in its effort to clear away regulatory and administrative obstacles to 5G cell site construction via the issuance of a Declaratory Ruling and Third Report and Order in a proceeding titled “In the Matter of Accelerating Wireless … Continue Reading
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