Communications Regulatory

"Dealing with Networks and Regulatory Compliance: The Legal Side of Mobile Retail," RAMP Advanced Commerce and Mobile Retail Services Summit, Chicago

Wed, 17 Apr 2013 00:00:00 GMT

"High Cost and Low-Income USF Reform One Year Later: A Progress Report," CLE, FCBA Wireline Committee, Washington, D.C.

Thu, 15 Nov 2012 00:00:00 GMT

"Update on Implementation of Major 2012 FCC Orders (Including the Challenges to Those Orders): Universal Service," LSI's 18th Annual Comprehensive Conference on Telecommunications Law, Seattle

Fri, 05 Apr 2013 00:00:00 GMT

$400 Million in Savings Projected in 2013 for Lifeline Program

Wed, 13 Feb 2013 22:28:07 GMT

On February 12, 2013, the FCC released its most recent savings report, announcing that $214 million was saved in 2012 as a result of efforts to cut waste, fraud, and abuse from the Lifeline program. This is a $4 million increase from the last report, issued on December 19, 2012. See our entry on that report.... Continue Reading

$5 Minimum Fee Imposed by Georgia Commission

Thu, 17 Jan 2013 22:16:43 GMT

On January 16, 2013, in an acrimonious 3-2 vote, the Georgia PSC adopted revisions to its rule governing Lifeline service in the state (Rule 515-12-1-.35) to, among other things, institute a minimum monthly rate for lifeline service of $5 and to require Lifeline providers to review and retain a copy of a photo ID of... Continue Reading

A Court Appointed Conservator is a “Public Official” and Must Prove Actual Malice

Tue, 08 Jan 2013 00:00:00 GMT

AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use

Fri, 22 Mar 2013 00:00:00 GMT

Are False Allegations of Homosexuality Still Libel, per se?

Fri, 05 Apr 2013 18:03:08 GMT

Bill Would Create Lifeline Program Aimed at Broadband Support

Thu, 25 Apr 2013 18:45:01 GMT

On April 23, 2013 House Representative Matsui of California, along with other members of the House Energy and Commerce Committee, introduced “The Broadband Adoption Act of 2013.” The bill, if enacted, would direct the FCC to establish Lifeline support for broadband services for low-income customers, modeled after the existing Lifeline program. “The Lifeline program provides... Continue Reading

Broadband Pilot Launched for Lifeline Program

Thu, 20 Dec 2012 22:15:28 GMT

A recent FCC order announced that DWT client, Nexus Communications, Inc. d/b/a ReachOut Wireless, was selected as one of the fourteen participants in an FCC pilot project to expand the Lifeline program to funding broadband services. The Lifeline program currently subsidizes discounts on wireline and wireless voice telephony services. Like the other universal service programs,... Continue Reading

Broadcast Station Reminder: Quarterly Issues/Programs Lists and Children’s TV Programming Reports Due April 10, 2013—TV Stations to Post Online

Fri, 22 Mar 2013 00:00:00 GMT

Christin McMeley, Former Deputy General Counsel for Charter Communications, Joins Washington, D.C., Office of Davis Wright Tremaine LLP

Wed, 08 May 2013 00:00:00 GMT

Closed Captioning Reminder: Starting March 30, 2013, Video Programming That Is or Was Aired Live or “Near Live” on TV Must Be Captioned When Distributed Online

Sat, 02 Mar 2013 00:00:00 GMT

Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

Tue, 16 Apr 2013 18:05:11 GMT

Commissioner Clyburn Sets the Record Straight on Lifeline

Sun, 17 Mar 2013 03:30:40 GMT

On March 15, 2013, FCC Commission Mignon Clyburn spoke to the Consumer Federation of America’s 2013 Consumer Assembly. In her remarks, she addressed the FCC’s recent reforms of its universal service rules, including the Lifeline program. The goal of universal service is to bring voice and advanced services to all Americans, a long-standing policy whose... Continue Reading

Compliance Plans Approved for Nine ETCs

Thu, 27 Dec 2012 22:24:07 GMT

On December 26, 2012, the FCC’s Wireline Competition Bureau (“WCB”) released a Public Notice announcing the approval of the compliance plans of nine wireless Lifeline ETC resellers: AirVoice Wireless, LLC; AmeriMex Communications Corp., Blue Jay Wireless, LLC; Millennium 2000, Inc.; Nexus Communications, Inc.; PlatinumTel Communications, LLC; Sage Telecom, Inc.; Telrite Corporation; and Telscape Communications, Inc.... Continue Reading

Congressional Hearing on Lifeline Set for April 25

Wed, 27 Mar 2013 23:56:16 GMT

The U.S. Congressional House of Representatives Committee on Energy and Commerce, which oversees the federal universal service program, sent a letter today to FCC Chairman Genachowski, notifying the agency that it will hold a hearing on the Lifeline program on April 25, 2013. Some of the questions raised in the letter likely to be addressed... Continue Reading

Congressional Proposal to Eliminate Lifeline Defeated

Wed, 27 Mar 2013 23:33:40 GMT

Last Friday, Senator David Vitter (R-LA) proposed an amendment to the U.S. Senate’s budget resolution which, if adopted, would have eliminated mobile phone services from the federal Lifeline program. The amendment was defeated by a vote along party lines, with the exception of Senator Claire McCaskill of Missouri as the only Democrat supporting the measure. ... Continue Reading

Database Update: California Conditionally Permitted to Opt Out of National Lifeline Database

Tue, 05 Mar 2013 23:56:59 GMT

On March 4, 2013, the FCC Wireline Competition Bureau issued an Order conditionally granting certification of the California Public Utilities Commission (“CPUC”) to opt out of the National Lifeline Accountability Database (“NLAD”). The NLAD is intended to detect and eliminate duplicate Lifeline support provided to individuals and households and is expected to come online later this year. In the Order,... Continue Reading

Database Update: Texas Permitted to Opt Out of Lifeline Anti-Duplicates Database

Fri, 01 Mar 2013 15:36:23 GMT

On Feb. 27, the Public Utility Commission of Texas (“PUCT”) circulated notice to eligible telecommunications carriers in Texas that it has been granted permission by the Federal Communications Commission (“FCC”) to opt out of participation in the National Lifeline Accountability Database (“NLAD”). The NLAD is intended to detect and eliminate duplicate Lifeline support provided to individuals and households. ... Continue Reading

Database Update: Vermont Permitted to Opt Out of Lifeline Anti-Duplicates Database

Thu, 28 Feb 2013 17:10:59 GMT

On Feb. 15, 2013, the FCC Wireline Competition Bureau issued an Order granting the certification of the Vermont Department of Public Service to opt out of the National Lifeline Accountability Database (“NLAD”), which is intended to detect and eliminate duplicate Lifeline support provided to individuals and households. The NLAD is expected to come online later... Continue Reading

ETC Applications for Wireless Resellers in Texas Now Handled by FCC

Thu, 22 Nov 2012 00:00:00 GMT

Texas has finalized the process of ceding jurisdiction over Eligible Telecommunications Carrier (“ETC”) designations for wireless resellers to the FCC. The amendment, adopted at the Texas Public Utility Commission’s (“PUCT”) November 16, 2012 meeting, and set forth in an order issued November 21, 2012 in Docket No. 40561, changed § 26.418 of the PUCT’s rules.... Continue Reading

FCC Adopts New Rules for Accessibility of Emergency Information in Video Programming

Fri, 12 Apr 2013 00:00:00 GMT

FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security

Sat, 20 Apr 2013 00:00:00 GMT

FCC Opens Proceeding to Explore Release of Additional Spectrum in 5 GHz Band for Use in “Gigabit” Wi-Fi Networks

Fri, 22 Feb 2013 00:00:00 GMT

FCC Releases Rules Requiring Accessibility of Browsers

Thu, 02 May 2013 00:00:00 GMT

FCC Reports 2012 Recertification Results

Fri, 26 Apr 2013 19:29:02 GMT

Today, the Federal Communications Commission (“FCC”) released a Public Notice announcing the results of the 2012 Lifeline annual recertification process. In February 2012, the FCC required all eligible telecommunications carriers to recertify the eligibility of their subscriber bases as of June 1, 2012 by the end of 2012, and report the results to the Universal Service Administrative Company in January 2013. Subscribers who... Continue Reading

Free Wireless Lifeline Plans Likely to be Approved in California

Mon, 30 Jan 2012 00:00:00 GMT

On January 29, 2013, the California Public Utilities Commission (“CPUC”) released two draft Resolutions proposing to approve free Lifeline plans for Nexus Communications, Inc. (Draft Resolution T-17389) and Assurance Wireless (Draft Resolution T-17388), both granted ETC Designation by the CPUC in 2011. If approved, these free plans would afford Lifeline Subscribers 250 minutes of use per month at no cost (after the federal subsidy of $9.25 is applied). This marks a departure from the CPUC’s existing policy that wireless Lifeline subscribers be required to pay a minimum of $2.50 per month in order to be eligible for Lifeline service. These Resolutions are slated for vote and the CPUC’s February 28th Business Meeting.

FTC Announces COPPA Rule Changes to Catch Up With Social Networks, Smartphones, and Other Developments

Wed, 17 Apr 2013 16:24:20 GMT

A MediaLaw Monitor Digital Exclusive

Holy Copyrightability Batman! The Batmobile Is A Superhero…

Wed, 10 Apr 2013 18:03:42 GMT

Legislation Introduced in Senate to Eliminate Lifeline Funding for Cellphone Service

Wed, 08 May 2013 18:58:32 GMT

Senators Vitter (R-LA) and Inhofe (R-OK) introduced legislation today to end Lifeline funding for cellphone service. While the text of the legislation has not been posted, in a statement about the bill Sen. Vitter said that the program “has expanded far beyond its original intent,” presumably referring to the decision to permit wireless prepaid carriers... Continue Reading

Lifeline Grows in Florida

Tue, 01 Jan 2013 22:20:16 GMT

In December 2012, the Florida Public Service Commission (PSC) released its Annual Report on the Lifeline program. This year’s report found that participation in the Lifeline program in Florida grew 9.7 percent from July 2011 through June 2012, due in part to the slow economy. As of June 30, 2012, over 1 million eligible Floridians... Continue Reading

Lifeline Rules Being Revised in Oklahoma

Sat, 09 Feb 2013 22:23:02 GMT

The Oklahoma Corporation Commission (OCC) issued two wide-ranging Notices of Proposed Rulemaking on December 19, 2012 to revise its universal service rules, with many proposals impacting Lifeline ETCs. In one (Cause No. RM 201200013), the OCC proposes new rules for Lifeline ETCs that would outlaw marketing from mobile locations; require free 611 dialing to customer... Continue Reading

Lifeline Savings Exceed $210 Million in 2012

Thu, 20 Dec 2012 22:21:40 GMT

On December 19, 2012, the FCC issued a Public Notice announcing that savings from the recent reforms of its Lifeline program totaled about $214 million in 2012, exceeding its $200 million target. Proclaiming that “eliminating waste, fraud, and abuse protects Lifeline’s mission of helping low-income Americans afford vital communications service,” the FCC said that the... Continue Reading

Lifeline Subscribers Targeted by FCC for the First Time

Sat, 16 Feb 2013 22:27:02 GMT

On February 13, 2013, the FCC Enforcement Bureau issued citations (sample) to eleven individual consumers with multiple Lifeline accounts. This marks the first time the FCC has taken action against individual subscribers for violations of the “one per household” rule that applies to Lifeline-supported services. The cases targeted by the FCC appear to be egregious... Continue Reading

Lifeline Subsidies a Significant Benefit According to Study

Sat, 18 Aug 2012 00:00:00 GMT

In a study titled “Subsidized Cell Phones Provide Significant Economic Gains for Poor and Near-Poor Americans,” Nicholas P. Sullivan, a fellow at the Center for Emerging Market Enterprises at the Fletcher School (Tufts University), investigates the economic impact a Lifeline-subsidized wireless phone has in the lives of low-income subscribers. The study concludes that subsidized cell phones are a significant economic tool for around half of subscribers, generating an average of $259 per year. In many high-population areas, this economic benefit exceeds the cost of Lifeline subsidies, meaning that the Lifeline program is paying for itself, even without taking other social and connectivity benefits into account.

Manhattan Judge Dismisses Libel Claim Brought by Brooklyn Judge

Fri, 01 Feb 2013 00:00:00 GMT

Media Companies Successfully Fight for Access to Information About Church Officials’ Role in Priest Sex Scandal

Sat, 13 Apr 2013 18:02:22 GMT

Minnesota PUC Reminds Low Income Consumers to Recertify for Lifeline

Sat, 16 Mar 2013 18:18:50 GMT

On March 7, 2013, the Minnesota Public Utilities Commission (“PUC”) issued a public notice reminding eligible low income Minnesotans that they must re-certify their eligibility in order to continue to receive benefits under the federal Lifeline program and the state Telephone Assistance Program (“TAP”) for low income individuals. The PUC indicated that is has “received... Continue Reading

New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

Sat, 16 Mar 2013 00:00:00 GMT

President Obama Signs Video Privacy Protection Act Amendment

Wed, 27 Feb 2013 00:00:00 GMT

Regional Greenhouse Gas Initiative to Lower Emissions Cap

Thu, 21 Feb 2013 05:39:03 GMT

As predicted earlier, the U.S. Northeast’s cap-and-trade program, RGGI (Regional Greenhouse Gas Initiative) will reduce its cap, which was above current pollution levels. The inflated cap depressed the RGGI permit price for carbon credits to under $2, way below the projected $20-$30 (causing New Jersey’s Chris Christie to pull New Jersey out of RGGI). The … Continue reading →

Rural Territory Now Easier to Serve: FCC Waives Requirement to Serve Entire Rural Service Area

Wed, 17 Apr 2013 19:14:11 GMT

On April 15, 2013, the FCC released an Order granting forbearance to Lifeline-only ETCs from the requirement that these ETCs serve the entirety of rural service areas. Previously, in order for a Lifeline-only ETC to provide service in a rural area, the ETC would have to commit to offer service throughout the territory served by... Continue Reading

Senator Pryor Calls for Radical Changes to the Lifeline Program

Sun, 17 Mar 2013 03:00:57 GMT

On March 13, 2013, Senator Mark Pryor (D-Ark.) sent a letter to FCC Chairman Genachowski to “express concern about the state of the Lifeline program” and asking the FCC to “immediately” make radical changes to the program. The senator, who is a member of the Senate Committee on Commerce, Science and Transportation, which is responsible... Continue Reading

Sprint Filing Profiles Typical Lifeline Subscriber

Wed, 17 Apr 2013 17:27:00 GMT

In advance of Congressional hearings next week, Sprint Nextel filed with the FCC a snapshot of its Virgin Mobile/Assurance Wireless Lifeline subscriber base, providing insight into the demographic characteristics of Lifeline participants. Sprint’s filing revealed that its average Lifeline subscriber is a 47 year-old woman with a household income of less than $14,000 per year. More than... Continue Reading

Supreme Court Upholds FCC Authority to Address Wireless Siting

Tue, 21 May 2013 00:00:00 GMT

Testimony Posted in Advance of Congressional Lifeline Hearing

Fri, 26 Apr 2013 10:48:14 GMT

As discussed in our earlier blog post, the sub-committee of the U.S. House of Representatives charged with overseeing the telecommunications industry (the Subcommittee on Communications and Technology, Committee on Energy and Commerce), will hold a hearing today to discuss the federal Lifeline program. In advance of the hearing, the witnesses who will testify have submitted... Continue Reading

The 9th Circuit Shows Luvdarts No Love

Tue, 02 Apr 2013 00:00:00 GMT

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital Content

Wed, 10 Apr 2013 00:00:00 GMT

Three Partners From Davis Wright Tremaine LLP Named Client Choice Award Winners

Mon, 04 Mar 2013 00:00:00 GMT

Two Lifeline Providers Agree to Pay $1M to Resolve FCC Investigation

Sat, 02 Mar 2013 15:02:54 GMT

On Feb. 26, the Federal Communications Commission (“FCC”) announced that two wireless Lifeline providers have agreed to payments totaling more than $1 million to end an FCC investigation into whether the two companies violated program rules in Oklahoma. In a consent decree, TerraCom, Inc. agreed to reimburse the Lifeline program for over $400,000 after an... Continue Reading

U.S. Court of Appeals for the D.C. Circuit Upholds FCC’s April 2011 Pole Attachment Order

Wed, 27 Feb 2013 00:00:00 GMT

UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google

Wed, 20 Feb 2013 00:00:00 GMT

Update: Georgia Commission Proposes Alterations to $5 Minimum Rate Rule

Fri, 22 Feb 2013 21:46:14 GMT

On February 19, 2013, the Georgia PSC initiated a new Notice of Proposed Rulemaking (NOPR) to propose changes to the $5 minimum monthly Lifeline rate requirement it adopted on January 16 but which still has not taken effect. As reported then, the $5 minimum rate rule was adopted in a sharply divided 3-2 vote and... Continue Reading

Wall Street Journal Reports on Lifeline Re-certification Efforts

Sat, 23 Feb 2013 18:23:08 GMT

On February 11, 2013, the Wall Street Journal ran an article with the headline “Millions Improperly Claimed U.S. Phone Subsidies,” asserting that the results of the new annual recertification process revealed a large number of Lifeline subscribers were not able to prove their eligibility to receive support from the program. While the article mentions that... Continue Reading

Washington Post Article Debunks “False Rumors” Surrounding Lifeline Program

Wed, 17 Apr 2013 21:39:06 GMT

An April 10th, 2013 Washington Post article by national political correspondent Karen Tumulty provides an informed and balanced perspective on the controversies swirling around the federal Lifeline program and ongoing Congressional scrutiny of it. Among other things, Tumulty debunks claims that the Obama administration is distributing free cellphones (“Obamaphones”) to welfare recipients, that the program is a recent... Continue Reading

Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents

Fri, 26 Apr 2013 00:00:00 GMT