Deadlines & Headlines

Featuring the latest news, trends, and legal developments in the telecommunications and technology space.

Deadlines & Headlines

Telecommunications & Technology Agreements

The Arent Fox Communications, Mobile, and Technology practice represents clients in the preparation and negotiation of telecommunications and technology agreements of all types.  We represent broadband and telecommunications providers, dark fiber providers, research and education networks, equipment manufacturers, and businesses of every type who wish to execute agreements for telecommunications and/or technology services. We ensure that our clients receive exactly the services they want and all of the protections they need.

The agreements that we prepare and negotiate include in-building wireless agreements, such as; contracts for the provision of broadband and telecommunications services to businesses; roaming agreements; e-texting agreements; dark fiber agreements; collocation agreements; agreements for the provision of cable, telephony, and data services to residential complexes; cloud service agreements; antenna licensing agreements; undersea cable agreements; contracts for satellite services; interconnection agreements; agreements for international services; original equipment manufacturer agreements; tower agreements; and inter-carrier agreements of all types.

We also perform all necessary regulatory due diligence and ensure the acquisition of any regulatory approvals for agreements that require such work.

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Ninth Circuit Rules That Receiving Allegedly Unsolicited Text Is Sufficient By Itself To Establish Concrete Harm

On January 30, 2017, the Ninth Circuit Court of Appeals upheld the dismissal of a Telephone Consumer Protection Act (TCPA) class action on the ground that the plaintiff did not clearly revoke his prior express consent to receive text messages from his former gym. But in coming to this conclusion, the court first found that a TCPA plaintiff does not have to allege any additional harm beyond receiving an unsolicited text message to satisfy the concrete-injury requirement that was recently at the center of the Supreme Court’s Spokeo decision. 
 

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Consumer Watchdogs Attack Cable Companies’ Privacy Practices, Bark at Privacy Cops

Consumer advocate groups--Public Knowledge, Consumer Watchdog, Center for Digital Democracy, Consumer Action, TURN-The Utility Reform Network and Consumer Federation of America—recently filed a complaint with the Federal Trade Commission and a petition with the Federal Communications Commission against AT&T, Cablevision, and Comcast, citing privacy-related offenses.

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Annual CPNI Certificates Due March 1, 2016

The Federal Communications Commission (FCC) issued a Public Notice on February 5, 2016, reminding telecommunications companies that the deadline for filing annual certificates of compliance with the Customer Proprietary Network Information (CPNI) rules is Tuesday, March 1, 2016.

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Supreme Court Says Aereo Violates the Copyright Act

The US Supreme Court ruled last week that Aereo, an online video streaming service, violates the federal Copyright Act by performing copyrighted works publicly without the permission of the copyright owners. The decision in American Broadcasting Companies, Inc. v. Aereo, Inc. resolves one of the most contentious issues in copyright law and hands a major victory to television broadcasters, who argued that a ruling for Aereo would undermine the copyright licensing framework that has governed cable television for almost four decades.

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FCC Chairman Wheeler Defends Draft Net Neutrality Rules

The Federal Communications Commission (FCC) is reviewing a draft Notice of Proposed Rulemaking (NPRM) to reinstate so-called “net neutrality” rules aimed at preventing the operators of broadband networks from treating consumers and content providers unfairly. As we reported in January, the US Court of Appeals for the DC Circuit struck down most of the FCC’s previous rules for lack of statutory authority. Verizon v. FCC (No. 11-1355).

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FCC Rules Free-to-the-End-User Package-Delivery Notifications to Wireless Phones are Exempt from TCPA

Continuing its run of incremental, common-sense clarifications on the reach of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has held that delivery notifications for which consumers are not charged do not subject the delivery company to TCPA liability.

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FCC Sets Deadlines and Procedures for Filing Annual Access Tariffs by Incumbent Carriers

On March 25, 2014, the Pricing Policy Division of the Federal Communications Commission’s (FCC) Wireline Competition Bureau issued an Order that outlines the deadlines and procedures for price-cap and rate-of-return incumbent carriers (ILECs) subject to §§61.382 and 61.393 of the FCC’s Rules for filing their 2014 annual access charge tariffs and Tariff Review Plans (TRPs). Tariffs will go into effect July 1, 2014.

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FCC Chairman Wheeler Wants Replacement Open Internet Rules

Yesterday, Federal Communications Commission (FCC) Chairman Tom Wheeler issued a press release stating that the agency will revisit the Open Internet issue and consider new rules to replace those that the DC Circuit vacated on January 15, 2014, in Verizon v. FCC.

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Reminder: CPNI Certificates Due March 1, 2014

The Federal Communications Commission (FCC) issued a Public Notice on February 5, 2014 reminding filers that the deadline for filing annual certificates of compliance with the Customer Proprietary Network Information (CPNI) rules is due March 1, 2014. The FCC includes the following types of providers in its non-exhaustive list of filers: telecommunications carriers, interconnected Voice over Internet Protocol (VoIP) providers, commercial mobile radio providers (CMRS), interexchange carriers, prepaid calling card providers, resellers, and calling card providers.

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FCC Sets Comment Deadlines for Petition Clarifying One-Time Text Responses to Consumer-Initiated Conversations Under the TCPA

On January 22, 2014, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (FCC) released a public notice seeking comment on the Retail Industry Leaders Association’s (RILA) petition for declaratory ruling filed on December 30, 2013. Comments are due February 21, 2014, and reply comments are due March 10, 2014.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.