Net Neutrality Litigation Litigation Practice Group Teleforum Friday, October 16, 01:00 PMFederalist Society Teleforum Conference Call
After suffering two judicial setbacks, most recently in the D.C. Circuit’s Verizon v. FCC decision in January 2014, the Federal Communications Commission adopted new net neutrality regulations and subjected broadband providers to public utility regulation under Title II of the Communications Act. In a new case, petitioners and intervenors challenging the FCC’s order recently filed their opening briefs outlining their arguments opposing the FCC’s latest attempt to regulate the internet.
In this Teleforum, counsel for two of the net neutrality petitioners and the intervenors will discuss the issues being raised in the D.C. Circuit appeal. The panelists will describe the challenges to the FCC’s authority to regulate the Internet under Title II of the Communications Act and Section 706 of the Telecommunications Act. Is broadband a telecommunications service subject to public utility regulation or is it an information service? Can the FCC adopt rules to regulate the Internet under Section 706? Are broadband providers protected by the First Amendment? How will the Supreme Court’s recent decisions in King v. Burwell and Utility Air Regulatory Group v. EPA, and other constitutionally-rooted canons of statutory construction, affect the net neutrality case? Can the FCC ban paid prioritization of Internet traffic? The panelists will explore these and other issues in this important Teleforum.
Telecommunications & Electronic Media Practice Group Podcast
- Brett Shumate, Partner, Wiley Rein LLP
- Adam J. White, Counsel, Boyden Gray & Associates
The role of municipally-owned and operated broadband networks in the United States has been the subject of considerable debate. Among some stakeholders, there is increasing enthusiasm around the potential for government-owned broadband networks (GONs) to serve as an engine for municipalities to jump-start economic development. When GONs fail, however, the costs are borne by taxpayers. Earlier this year, the FCC threw its hat into the ring by moving aggressively to preempt certain provisions of Tennessee and North Carolina law that restrict municipal provision of broadband service. In this teleforum, our experts assessed the need for GONs, addressed the competition policy and regulatory issues associated with these projects, and explored whether the FCC’s move to preempt the states will survive judicial appeal.
Telecommunications & Electronic Media Practice Group
- Charles M. Davidson, Director, Advanced Communications Law and Policy Institute, New York Law School
- Randolph J. May, President, The Free State Foundation
- Christopher Mitchell, Policy Director, Next Century Cities
- Moderator: Rachael M. Bender, Senior Policy Director, Mobile Future
With the adoption of the Open Internet Order, the Federal Communications Commission has potentially waded into areas that have historically been within the Federal Trade Commission’s jurisdiction. How are privacy, consumer protection, and technology policy issues currently being handled by the agencies – do their actions complement each other or are they creating regulatory tension and uncertainty? If there is a turf war going on, will Congress step in or will the courts decide? How does it impact competition policies and consumer protection? Join FCC Commissioner Ajit Pai and FTC Commissioner Maureen Ohlhausen as they engage in a moderated discussion about these and other issues relating to the respective roles of their agencies.
- Hon. Maureen K. Ohlhausen, Federal Trade Commission
- Hon. Ajit V. Pai, Federal Communications Commission
- Moderator: Alexander Okuliar, Partner, Orrick, Herrington & Sutcliffe LLP
September 2, 2015 Third Annual Executive Branch Review Conference
The communications and technology sectors have seen an explosion of growth and innovation over the last decade, and yet the primary body of law governing these areas, The Communications Act, has not been updated since the days of dial-up internet. In 2013, House Energy and Commerce Committee Chairman Fred Upton (Mich.) and Communications and Technology Subcommittee Chairman Greg Walden (Oreg.) announced that they would commence efforts to “update the law to better meet the dynamic needs of the 21st century.” In January, Senate Commerce Committee Chairman John Thune (S. Dak.) announced similar plans.
Our panel will discuss recent efforts to update the Communications Act for the modern internet age. What should a new framework look like? With the convergence of technologies, should the current platform-specific regulation be replaced with a more flexible, service-based regulatory scheme? Should special considerations still apply in certain services? How could such regulations impact developing business models and evolving technologies? Should the scope of the FCC’s jurisdiction remain the same? These and other issues will be explored.
This panel was presented on June 18, 2015, at the Mayflower Hotel in Washington, DC during the Third Annual Executive Branch Review Conference.
The Telecommunications Act: Can it Rein in the FCC?
9:40 – 11:10 a.m.
- Mr. Jonathan Adelstein, President & CEO, PCIA - The Wireless Infrastructure Association
- Ms. Kelly Cole, National Association of Broadcasters
- Ms. Grace Koh, U.S. House of Representatives Committee on Energy and Commerce
- Mr. David B. Quinalty, U.S. Senate Committee on Commerce, Science, and Transportation
- Moderator: Mr. Scott Belcher, Telecommunications Industry Association
June 18, 2015 Telecommunications & Electronic Media Practice Group Podcast
With the Federal Communications Commission's recent net neutrality regulations, the FCC has potentially entered into the Federal Trade Commission's regulatory arena in the area of antitrust regulation and consumer protection. Are the FCC's net neutrality rules an impermissible intrusion on the FTC's portfolio, or is the regulatory tension between the FTC and FCC merely an accident of overlapping jurisdiction provided by Congress in the respective statutes creating each agency?
- Hon. Joshua D. Wright, Commissioner, United States Federal Trade Commission