CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

Appeals Court Rules that Federal Courts May Hear Interconnection Agreement Claims in the First Instance

Barbara Miller co-authored this post. This week, the Fourth Circuit issued an important decision concerning the jurisdiction and role of federal courts in the interpretation and enforcement of state-approved…

Sixth Circuit Rules That States May Fashion ILEC Interconnection Obligations under Section 251(a)

In an interconnection decision that may have implications beyond its facts, a federal appellate court ruled that State public utility commissions (“State Commissions”) may rely on Section 251(a) in resolving…

Appellate Court Upholds 2011 Pole Attachment Order Lowering the Telecom Pole Attachment Rate and Paving the Way for ILEC Complaints against Electric Utility Pole Owners

The suspense did not last long. Less than five weeks after a spirited oral argument before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (the “Court”) on January 23, 2013, the…

Court Rules for ISP in Deep Packet Inspection Lawsuit

Barbara Miller co-authored this post. A few years back, the use of deep packet inspection software – software that examines individual data packets in a broadband transmission – to deliver targeted advertising was a…

FCC Permits Confirmatory Opt-Out Texts Under TCPA

Jameson Dempsey co-authored this post.In a ruling that FCC Commissioner Ajit Pai described as "a win for consumers and for innovative companies alike," the FCC granted a petition for declaratory ruling filed by…