Federal Communications Commission

On February 26, 2018, the United States Court of Appeals for the Ninth Circuit ruled in an en banc decision that the “common carrier” exception in the Federal Trade Commission Act is “activity-based,” and therefore applies only to the extent a common carrier is engaging in common carrier services.
Continue Reading Ninth Circuit Decision Bolsters FTC Authority Over Internet Service Providers

Recently, the FTC and FCC announced their intent to enter into a Memorandum of Understanding under which the agencies would coordinate their efforts following the adoption the Restoring Internet Freedom Order. If adopted, the Order would repeal the rules put in place by the FCC in 2015 that prohibit high-speed internet service providers from stopping or slowing down the delivery of websites and from charging customers extra fees for high-quality streaming and other services.
Continue Reading FTC and FCC Announce Cooperation on Repeal of Net Neutrality Rules

Recently, FCC Chairman Ajit Pai released a draft of the Restoring Internet Freedom Order. If adopted, the Order would repeal the rules put in place by the FCC in 2015 that prohibit high-speed internet service providers from stopping or slowing down the delivery of websites and from charging customers extra fees for high-quality streaming and other services.
Continue Reading FCC Releases Plan to Repeal Net Neutrality Rules

On March 1, 2017, the Federal Communications Commission, under the new leadership of Chairman Ajit Pai, voted 2-1 to issue a temporary stay of the data security obligations of the FCC’s Broadband Consumer Privacy Rules, which were to go into effect March 2, 2017. The temporary stay will remain in place until the FCC is able to act on pending petitions for reconsideration.
Continue Reading FCC Stays Implementation of Data Security Rules

On November 5, 2015, the Enforcement Bureau of the Federal Communications Commission (“FCC”) entered into a Consent Decree with cable operator Cox Communications to settle allegations that the company failed to properly protect customer information when the company’s electronic data systems were breached in August 2014 by a hacker. The FCC alleged that Cox failed to properly protect the confidentiality of its customers’ proprietary network information (“CPNI”) and personally identifiable information, and failed to promptly notify law enforcement authorities of security breaches involving CPNI in violation of the Communications Act of 1934 and FCC’s rules.
Continue Reading FCC Reaches Settlement with Cable Operator over Customer Data Breach

On September 11, 2015, the Federal Communications Commission (“FCC”) announced that Lyft Inc. (“Lyft”) and First National Bank Corporation (“FNB”) violated the Telephone Consumer Protection Act (“TCPA”) by forcing their users to consent to receive automated text messages as a condition of using their services. The FCC warned that these violations could result in fines if they continue.
Continue Reading FCC Cites Lyft Inc. and First National Bank Corp. for TCPA Violations