CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

DC Circuit Court holds that FCC Guidance on Agency Law in TCPA Cases is Not Binding on Courts

On January 22, 2014 the D.C. Circuit Court of Appeals issued a two-page per curiam decision dismissing a petition by DISH Network, LLC that challenged the FCC’s “guidance” on the interpretation of agency law in the…

FCC Proposes $5.2 Million Forfeiture for Cramming, Slamming and Billing Violations

For the second consecutive year, the FCC has increased the fines it proposes for slamming and related violations. On January 24, 2014, the FCC proposed to fine U.S. Telecom Long Distance, Inc. (USTLD) over $5 million…

DC Circuit Court Vacates Significant Portions of the FCC’s Net Neutrality Obligations

On January 14, 2014, the DC Circuit Court of Appeals partially vacated the FCC’s net neutrality rules applicable to Internet access providers, while affirming the conclusion by the FCC that it has jurisdiction to…

Rane Corporation Consents to Four-Year Decree with FCC for Violations of Equipment Labeling and User Disclosure Requirements

A recent Consent Decree ending a seventeen-month investigation into the adherence of Rane Corporation to the FCC’s equipment marketing rules provides a good window into the sort of compliance plan and reporting…

The FCC Asserts a Continuing Violation Theory against Intelsat and Seeks the Maximum Forfeiture Amount for a March 2010 Application Amendment

A recently issued Notice of Apparent Liability (NAL), accompanies by a sharp dissent from Commissioner Pai, leaves no doubt that the Commission continues to find new creative and novel ways to bring alleged infractions…