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Recently, the FCC reminded telecom providers that the cost of failing to protect their customers’ privacy is steep. In a July 28, 2023 Notice of Apparent Liability for Forfeiture, the Federal Communications Commission fined Q Link Wireless LLC and Hello Mobile Telecom LLC, an affiliate of Q Link, $20 million for impermissibly relying upon readily available biographical information and account information to authenticate online customers.[1]…
Continue Reading ALERT: The FCC Fines Companies $20 Million for Failing to Safeguard Customer Proprietary Network Information

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On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content moderation issues.
Continue Reading Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

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Who knew that state sovereignty and urging states’ rights meant prompting federal agencies to bring about change at the local level? That seems to be happening in the field of pole attachment regulation.
Continue Reading FCC Assures State Lawmakers of Commitment to Pole Attachment Rules Promoting Broadband Deployment and Competition

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The FCC recently adopted two items that underscore the Commission’s growing role in a quickly evolving national security regulatory framework: an Order and Notice of Proposed Rulemaking overhauling the regulatory framework for Section 214 authorization holders and applicants, as well as an “Enforcement Advisory” reminding operators of the risks of not disclosing certain transactions to the Commission.
Continue Reading Don’t Look Twice, It’s Alright — The FCC Pulls Back the Curtain on Section 214 Authorizations

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Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence, or “AI” as it is more commonly referred, has quickly emerged as a game changer across a myriad of industries and music is no exception. AI offers the promise of innovative opportunities and avenues for music creation, publishing, recording, synchronization, distribution, consumption and revenue generation. However, these opportunities also present significant, novel challenges for music rights holders and users alike—and the legal challenges have just begun.
Continue Reading Rise of the Machines: How AI is Shaking Up the Music Industry

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Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions, memberships and other recurring-payment programs. The FTC issued today a notice of proposed rulemaking as part of its ongoing review of its 1973 Negative Option Rule—one of the primary guides for the FTC’s enforcement focus.
Continue Reading FTC Increases Scrutiny of Negative Option Marketing

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Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deserve to know, while at the same time, heightened scrutiny from the Federal Trade Commission (FTC), the National Advertising Division (NAD), state regulators and the plaintiffs’ bar have made such claims increasingly risky.
Continue Reading How to Succeed in Environmental Marketing Claims

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Last week, the FCC adopted a Notice of Proposed Rulemaking proposing a new regulatory framework to address the growing convergence of satellite and terrestrial-based networks, titled the “Single Network Future: Supplementary Coverage from Space” proceeding.
Continue Reading FCC Takes the Lead on Satellite/Mobile Convergence in the Single Network Future Proceeding

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On January 4, 2023, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) setting forth proposed rules for the operation of unmanned aircraft systems in the 5030-5091 MHz band. At present, unmanned aircraft systems primarily operate under the FCC’s rules for unlicensed and low-power communications or according to experimental licenses. Neither of these spectrum resources provide the user with the right to protection from harmful interference, meaning that communications using such resources can be unreliable. The FCC’s proposed rules attempt to address this issue by granting unmanned aircraft systems access to licensed spectrum with the resilience to support more…
Continue Reading ALERT: FCC Opens Rulemaking on Use of Unmanned Aircraft Systems in Licensed Spectrum

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On November 30, 2022, the Federal Communications Commission (“Commission”) released a draft Notice of Proposed Rulemaking (“Draft NPRM”) that, if adopted, will seek comment on comprehensive changes to the Part 25 satellite and earth station licensing rules for the first time since 2015.[1] The Draft NPRM represents a significant step in the Commission’s efforts to facilitate innovation in the satellite industry, proposing changes that would facilitate greater expediency, flexibility, and curability in the licensing process. …
Continue Reading ALERT: Space Innovation Comes to Part 25 as the FCC Proposes New Reforms for its Satellite and Earth Station Licensing Rules

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On November 3, 2022, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the International Bureau into a new Space Bureau and a standalone Office of International Affairs. The changes are intended to help ensure FCC resources are aligned to meet the needs of FCC licensees and regulatees by “elevat[ing] the significance of satellite programs and policy within the agency to a level that reflects the importance of the emerging space economy.” …
Continue Reading ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau

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On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertising and unfair fee practices in violation of Section 5 of the FTC Act. The FTC’s 2019 complaint alleged the defendants made deceptive representations to customers and charged hidden, unauthorized fees in connection with the company’s “fuel card” as well as through co-branded cards, to companies in the trucking and commercial fleet industry. The FTC’s factual allegations include the following: …
Continue Reading Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices

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On August 10, the CFPB issued an interpretive rule stating that digital marketing providers that are involved in the identification or selection of prospective customers or the selection or placement of content to affect consumer engagement including purchase or adoption behavior, are subject to the CFPB’s jurisdiction. The rule ostensibly clarifies the scope of companies that are “service providers” under the Consumer Financial Protection Act (“CFPA”) to include digital marketing providers, and thereby subjecting them to the CFPB’s authority to prohibit unfair, deceptive, abusive acts or practices (UDAAPs). …
Continue Reading CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors

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