The Federal Communications Commission has released the text of the Restoring Internet Freedom Order that repeals net neutrality rules, and replaces them with a revised transparency requirement. The Restoring Internet Freedom Order will become effective after the revised rules are approved by the Office of Management and Budget.
Some state regulatory commissions have reportedly kicked off efforts to gather information on the cybersecurity practices of rural broadband providers operating within their states using a survey developed by the National Association of Regulatory Commissioners. The NARUC cybersecurity survey contains 100 questions seeking precise details on issues ranging from network vulnerability assessments to personnel background checks. Is this a fact-finding mission, or another case of regulatory creep? Or worse, will it create a treasure trove of data ripe for the taking?
Over the last few weeks, various rate-of-return incumbent local exchange carriers that voluntarily transitioned to model-based universal service fund support have submitted ex parte letters urging the Federal Communications Commission to allocate additional funding from the high-cost reserves to the Alternative Connect America Cost Model. Specifically, A-CAM carriers want the FCC to fully fund the model – $200 of support per month, per location. The recent burst of advocacy is due to the FCC’s quickly approaching self-imposed December 31, 2017 deadline for deciding whether to increase total annual A-CAM support. However, A-CAM companies are not the only ones staking a claim to the reserve funds. Rate-of-return carriers operating under revised cost-based USF rules are in desperate need of additional funding to address the negative impact of the FCC’s high-cost budget. The FCC faces a difficult decision because there is a limited amount of high-cost reserve funds available for use, and allocating reserve funds to either group of carriers will result in increased broadband buildout in rural areas.
Federal Communications Commission Chairman Ajit Pai has circulated a draft order that will roll-back the net neutrality rules adopted in the FCC’s 2015 Open Internet Order. In their place, the order imposes the transparency rule adopted by the FCC in the 2010 Open Internet Order, with certain modifications. The FCC is expected to adopt the order at its December 14th open meeting.
The U.S. Court of Appeals for the Fourth Circuit is currently reviewing BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and ISPs. Its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post summarizes the lower court’s summary judgment decision which stripped Cox Communications of its DMCA safe harbor defense.
On October 25th, the U.S. Court of Appeals for the Fourth Circuit heard oral arguments in BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and Internet service providers because its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post reviews the general background of the case below that led to the appeal. Subsequent blog posts will cover the lower court’s decision and the oral argument.
On September 21, 2017, representatives from numerous companies that provide broadband service in rural Kansas met with Federal Communications Commission Chairman Ajit Pai to discuss, among other things, the FCC’s plan to move the money that makes up the Universal Service Fund to the U.S. Treasury.
Congressional Democrats have released their “Better Deal Broadband” plan that proposes to use $40 billion in federal funding to help make high-speed broadband Internet access services available to the 34 million Americans, including 23 million rural Americans, that do not have it. The plan is part of a larger “Better Deal” economic agenda put forth earlier this year by Democrats.
In his initial brief to the Supreme Court, Carpenter argues that law enforcement agents may not acquire CSLI records covering a “longer-term” period of time unless they first obtain a Fourth Amendment search warrant. Part three in the Carpenter series looks at why the mosaic theory of the Fourth Amendment is a central issue in the case.
The Federal Communications Commission has released a Notice of Inquiry to examine allowing wireless broadband services in spectrum bands between 3.7 and 24 GHz. Specifically, the FCC is seeking detailed comment on three sets of mid-band frequencies: 3.7 - 4.2 GHz; 5.925 - 6.425 GHz; and 6.425 - 7.125 GHz. Comments are due on or before October 2, 2017, and reply comments are due November 1, 2017.
