In a ruling that will make it even more difficult to challenge agency rulemakings, the US Supreme Court has decided that courts must defer to an agency’s interpretation of a statute it enforces, even when addressing the jurisdictional reach of the agency itself. Full Story
If you’ve been thinking that the FCC doesn’t care about “slamming” anymore, think again. The Commission has proposed a multi-million dollar fine against long distance service provider Advantage Telecommunications Corp. (ATC) for slamming violations. Full Story
In a much-anticipated decision involving the Telephone Consumer Protection Act (“TCPA”), the Eighth Circuit in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), reversed a grant of summary judgment in favor of the defendant and remanded the proceeding, along the way questioning, but not ruling upon, the validity of the regulations by the Federal Communications Commission (“FCC”). Full Story
In a much anticipated decision with potentially widespread ramifications across all federal agencies charged with implementing federal statutes, the United States Supreme Court has permitted the so-called “shot clock” rules of the Federal Communications Commission (“FCC” or “Commission”) applicable to wireless siting applications to remain in effect. Full Story
On May 9, 2013, the Federal Communications Commission (“FCC”) released a declaratory ruling clarifying the liability of a seller for violations of the Telemarketing Consumer Protection Act (“TCPA”) made by third-party telemarketers and others who place calls to market the seller’s products or services. Full Story
This Notice of Proposed Rulemaking (NPRM) looks to alter the way in which certain spectrum is to be shared between the government and private users. At first glance it is about as tedious and picky as anything coming out of the FCC. But it may signal the beginning of the end of a basic tenet of U.S. spectrum management. Full Story
A joint statement released today by AT&T, the National Association of Broadcasters, and Verizon criticized the FCC for seeking comments on new proposals for reorganizing the spectrum currently used by television broadcasters, which the statement said would go against the “growing consensus” of the broadcast and wireless industries. Full Story
With the e-rate program pressing against its cap in funding, the FCC seems to be clamping down on its competitive bidding procedures. Full Story
The Supreme Court of the United States (SCOTUS) today decided (5+1–3), in City of Arlington v. FCC, that courts do owe agencies deference in interpreting the statutory scope of agency jurisdiction. Full Story
In the final days of the Genachowski era, the FCC’s Wireline Competition Bureau continued to press forward to implement and refine the Connect America Fund (“CAF”). Full Story
Group Sues Treasury and IRS to Amend 501(c)(4) Regulations http://t.co/61IW6xxQQO - @CovPoliticalLaw Beeting b/t Society of Corporate Secretaries and Governance Professionals and SEC provides insight http://t.co/YceCGLRxFu @@SECCorpGovLaw US Supreme Court Ruling May Hinder Ability to Challenge Agency Authority http://t.co/a2uKrrmFVr - @Squire_Sanders NLRB Reverses ALJ, Orders Deferral of Charge Against Union to Arbitration http://t.co/V2jgcvsTJQ - @seyfarthshawLLP House Subcommittee Questions Recent EEOC Activities http://t.co/JadzjkYf6l - @littlerasaps