Category: FCC Roundup

1
Last Week to File for Retroactive Waiver of FCC Rule Requiring Opt-Out Notice on All Fax Advertisements
2
FCC Adopts Innovative Spectrum Sharing Scheme, Making 150 MHz of Spectrum Available for Wireless Broadband  
3
Open Internet Order Published — Triggers Appeal Deadline, June 12, 2015 Effective Date
4
Year in Review Webcast Examines Key TMT Developments in 2011
5
Broadband in America: The Year in Review; What Lies Ahead
6
New Disability Access Requirements for Advanced Communications and Video
7
Symposium on Broadband Reclassification and Net Neutrality What’s at Stake? What’s the End Game?
8
Live Webcast: Spurring Adoption and Use of Broadband
9
The Net Neutrality/Open Internet Debate: What’s Next, What’s the End Game?
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Live Webcast: The Net Neutrality/Open Internet Debate: What’s Next, What’s the End Game?

Last Week to File for Retroactive Waiver of FCC Rule Requiring Opt-Out Notice on All Fax Advertisements

By Joseph C. Wylie II, Molly K. McGinley, Nicole C. Mueller

Companies that communicate by fax have until April 30, 2015 to request a retroactive waiver from a Federal Communications Commission rule requiring that opt-out notice be included on all fax ads, including those sent to consumers who have provided prior express invitation or permission.

In 2006, the FCC adopted a new rule which requires opt-out notices in facsimile advertisements sent with the recipients’ prior express permission.  The FCC was then faced with an application for review of a Consumer and Governmental Affairs Bureau order and 24 petitions which collectively challenged the opt-in requirement adopted in 2006.  The petitioners argued that the TCPA applies only to unsolicited advertisements and therefore could not provide a statutory basis for the rule.  The petitioners also argued that the FCC provided conflicting statements with regard to the applicability of the rule to solicited facsimile advertisements.

As we previously discussed, on October 30, 2014, the FCC released an Order confirming that opt-out notices complying with rules and regulations adopted by the FCC are required on all advertisements transmitted by facsimile, including advertisements transmitted with the prior express permission of the recipient.  The FCC, recognizing the uncertainty over whether the opt-out requirements applied to senders with express permission of the recipients, granted retroactive waivers to the parties that had made the requests with respect to faxes sent with consent but without opt-out notices, and allowed those parties until April 30, 2015 to come into compliance with opt-out requirements.  The FCC invited “similarly situated parties” to seek waivers prior to April 30, 2015, but noted that it expected parties making similar waiver requests to “make every effort to file within six months of the release of this Order.”

At least 64 petitions for waivers have been filed, and while the FCC has invited comment on many of these petitions, it has not issued any rulings.

FCC Adopts Innovative Spectrum Sharing Scheme, Making 150 MHz of Spectrum Available for Wireless Broadband  

By Stephen J. Matzura and Marty Stern

Earlier this week, the FCC released a Report and Order (R&O), adopting new innovative sharing rules for a 150 MHz swath of spectrum in the 3.5 GHz band, including 100 MHz of federal government spectrum.  Under the regime adopted by the FCC, dubbed the Citizens Broadband Radio Service (CBRS), much of the spectrum will be available for the provision of broadband services on an unlicensed “General Authorized Access” basis, though some of the spectrum will be set aside for short-term Priority Access Licenses (PALs) awarded via auction for individual census tracts.

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Open Internet Order Published — Triggers Appeal Deadline, June 12, 2015 Effective Date

By Marty Stern and Stephen J. Matzura

The FCC’s Open Internet order was published today in the Federal Register, kicking off the 60-day deadline to appeal the rules to a federal circuit court of appeals (or seek reconsideration before the FCC).   As we previously discussed, some parties have already filed appeals in various circuits, which have been consolidated in the D.C. Circuit.

Significantly, with publication in the Federal Register, key aspects of the rules go into effect in 60 days, on June 12, 2015, including reclassification of broadband Internet access as a Title II service, as well as the no blocking, no throttling, paid prioritization, and enforcement/complaint provisions of the Open Internet order.

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Broadband in America: The Year in Review; What Lies Ahead

K&L Gates co-hosted a live webcast December 22, carried live on Internet TV channels Broadband US TV and National League of Cities TV.

You can access the free webcast by clicking here (free registration is required).

K&L Gates partner Marty Stern joined co-host Jim Baller, together with guests Cecilia Kang, Communications Industry Journalist, the Washington PostGigi Sohn, President, Public Knowledge,  Jeffrey Silva, Senior Policy Director, TMT, Medley Global Advisors, and  Scott Cleland, President, the Precursor Group, for a lively and provocative review of 2010, particularly of the day-old FCC net neutrality decision, and for some bold predictions for 2011.

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New Disability Access Requirements for Advanced Communications and Video

By Marty Stern (Washington, DC), Carol Lumpkin (Miami) and Stephanie N. Moot (Miami).

The President signed the 21st Century Communications and Video Accessibility Act of 2010 on October 8, 2010 (the “ComVid Accessibility Act” or “Act”). The ComVid Accessibility Act expands various disability access requirements to VoIP phones, browser-enabled smart phones, text messaging, Internet-enabled video devices, on-line video of TV programming, TV navigation devices, and programming guides and menus, among other things.

Karen Peltz Strauss, who has the lead at the Federal Communications Commission (“FCC” or “Commission”) on implementing the ComVid Accessibility Act, appeared on a recent live program on Internet TV channel Broadband US TV and discussed the FCC’s “enormous mandate” to implement the new Act.  Click here for a clip of Ms. Peltz Strauss’ comments on the program.  (with permission from TV Worldwide).[1]  According to Ms. Peltz Strauss, “Every segment of the industry that has anything to do with broadband, television, including cable, satellite or broadcast, Internet-based television, as well as . . . Internet-based providers, traditionally regulated [telephone] companies, wireless companies” needs to be paying attention to the new Act.   “Virtually every segment that has anything to do with communications or video programming is covered.”

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Symposium on Broadband Reclassification and Net Neutrality What’s at Stake? What’s the End Game?

On Thursday, December 2nd, K&L Gates hosted a program on net neutrality and the potential regulatory reclassification of broadband Internet access presented by the ABA Antitrust Section’s Communications & Digitial Technology Industries Committee. The program, moderated by Washington, DC partner Marty Stern, included:

  • Parul Desai, Policy Counsel, Consumers Union
  • Neil Fried, Minority Chief Counsel, U.S. House of Representatives Energy and Commerce Committee, Subcommitee on Communications, Technology and the Internet
  • Glenn Manishin, Partner, Duane Morris
  • Lee Selwyn, President, Economics and Technology, Inc.

Audio Archive of event now available (American Bar Association members only)

Several of the speakers were also authors of articles in the Fall 2010 Broadband Reclassification and Net Neutrality Symposium issue of the Committee’s Icarus newsletter.

Live Webcast: Spurring Adoption and Use of Broadband

K&L Gates co-hosted a live webcast October 7, carried live on Internet TV channels Broadband US TV and National League of Cities TV.

You can access the free webcast by clicking here (registration is required).

Stakeholders in America’s broadband future disagree on most issues, but not on this: with 35% of Americans not using broadband today and many others not using broadband to maximum advantage, spurring increased adoption and use is critically important to America’s success in the emerging knowledge-based global economy.

FCC Commissioner Mignon Clyburn kicked off the program, joining BroadbandUS TV hosts Marty Stern and Jim Baller for a provocative discussion ofthe FCC’s goals, activities, and progress in this area.

The program also included a panel on National Policy and Support, featuring Karen Peltz Strauss, FCC Consumer and Governmental Affairs Bureau; Emy Tseng, National Telecommunications and Information Administration; Dr. Kenneth Peres, Communications Workers of America and US Broadband Coalition; Nicol Turner-Lee, Joint Center for Political and Economic Studies; and John Windhausen, Schools, Health and Libraries Broadband Coalition. A second panel featured a look at success stories from around the country.

The Net Neutrality/Open Internet Debate: What’s Next, What’s the End Game?

K&L Gates co-hosted a special live Hall webcast on Thursday, May 27, that was carried live on Internet TV channels Broadband US TV, TV Mainstream and National League of Cities TV.

To access the recording, please click here (free registration is required in order to access the recording).

Austin Schlick, General Counsel of the FCC, joined BroadbandUS TV hosts Marty Stern of K&L Gates and Jim Baller to discuss the FCC’s case for reclassification of broadband Internet access as a regulated telecommunications service. Julius Knapp, Chief of the FCC’s Office of Engineering and Technology, who’s heading up the FCC Technical Advisory Panel on the open Internet, also joined to discuss technical issues surrounding the open Internet debate.

The program includes two panels of experts who face-off in lively, spirited debate on the political and legal considerations surrounding net neutrality, and the economic/technical case for new net neutrality rules.

Live Webcast: The Net Neutrality/Open Internet Debate: What’s Next, What’s the End Game?

K&L Gates co-hosted a special live webcast May 27, from 1:00 – 2:30 pm ET, being carried live on Internet TV channels Broadband US TV, TV Mainstream and National League of Cities TV.

You can access this free webcast by clicking here (registration is required).

Austin Schlick, General Counsel of the FCC, joined BroadbandUS TV hosts Marty Stern of K&L Gates and Jim Baller to discuss the FCC’s case for reclassification of broadband Internet access as a regulated telecommunications service. Julius Knapp, Chief of the FCC’s Office of Engineering and Technology, who’s heading up the FCC Technical Advisory Panel on the open Internet, also joined us to discuss technical issues surrounding the open Internet debate.

The program included two panels of experts who faced-off in lively, spirited debate on the political and legal considerations surrounding net neutrality, and the economic/technical case for new net neutrality rules.

 

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