Kelley Drye Full Spectrum

When the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s 2015 Open Internet Order in June, it extensively applied Chevron deference in its decision. The controversial case has re-ignited the debate about whether Chevron provides too much deference to federal agencies, even as they are left applying aging statutes to new technologies and situations. In this podcast, communications partner Hank Kelly and associate Jennifer Holtz talk about the Chevron doctrine, its origins, and some key public policy considerations in light of the Open Internet decision.

As our blog, CommLaw Monitor, has frequently covered, FCC Enforcement has been a significant and controversial area under Chairman Wheeler. We have seen a trend toward higher profile enforcement actions, often with proposed fines in the tens of millions of dollars, and settlements with stricter terms than in the past. In this podcast, partner Steve Augustino introduces a new monthly Kelley Drye Full Spectrum series in which we will examine two or three interesting actions recently released by the FCC. This episode features an “Order to Pay or Show Cause” directed to LDC Telecommunications, a Consent Decree with Puerto Rico Telephone Company and America Movil involving foreign ownership restrictions, and a Consent Decree with General Communication, Inc. regarding a 911 outage.

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 at http://www.kelleydrye.com/publications/client_advisories/1053

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.

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.

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.

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.

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 at www.kelleydrye.com

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.

False Claims Act by Kelley Drye Communications Practice

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.