May 30, 2017 The FCC has released a Notice of Proposed Rulemaking seeking comment on its proposed regulatory fees for fiscal year 2017. Congress requires the FCC to annually collect regulatory fees to cover its operational costs, and the FCC sets the fees by calculating the proportion of the total number of FCC employees needed to regulate a particular service.
ISPs Must Electronically Submit DMCA Designated Agent by December 31, 2017; Filing Required Even if ISP Previously Paper Filed Agent Information
May 16, 2017 All Internet Service Providers (“ISPs”) that registered a designated agent by paper filing prior to December 1, 2016 must re-register their agent electronically by December 31, 2017 to maintain coverage under the safe harbor protection afforded by section 512 of the Digital Millennium Copyright Act (“DMCA”).
FCC Updates EEO Recruitment EEO Policy; MVPDs Permitted to Use Internet as Sole Recruitment Source
May 1, 2017 On April 21, 2017, the FCC issued a Declaratory Ruling updating the FCC’s policy implementing its equal employment opportunity (“EEO”) rules. Specifically, the FCC found that Internet usage has become sufficiently widespread to permit broadcasters and multichannel video programming distributors (“MVPDs”) to use the Internet as a sole recruitment source to meet the “wide dissemination” requirement in the FCC’s EEO rules.
Congress Uses Congressional Review Act to Repeal 2016 Privacy Order
April 14, 2017 Earlier this month, President Trump signed into law a congressional Joint Resolution pursuant to the Congressional Review Act repealing the new broadband and telecommunications privacy rules adopted last October by the FCC in its 2016 Privacy Order. Because the bulk of the FCC’s new privacy rules had not yet gone into effect, this action effectively returns broadband providers to the status quo prior to adoption of the Order. That is, broadband providers remain classified as Title II telecommunications carriers in their provision of broadband Internet access service under the FCC’s 2015 Open Internet Order and therefore subject to the statutory commands of Sections 201 (acts and practices of common carriers must be just and reasonable), 202 (prohibiting unjustly or unreasonably discriminatory acts or practices), and 222 (protections for customer proprietary network information – CPNI) with respect to safeguarding customer privacy.
FCC Denies Must Carry Complaint Filed by Low-Power Station
March 31, 2017 On March 16, 2017, the FCC released an Order denying a must carry complaint filed by a low-power television (“LPTV”) station in Cleveland, Mississippi against cable provider NewWave Communications. The FCC denied the complaint after finding that the low-power station failed to establish that there is no full-power station licensed to a community within the County served by NewWave’s system.
FCC Releases Order Waiving Enhanced Transparency Requirements for Small Providers
March 9, 2017 On March 2, 2017, the FCC released an Order waiving, for five years, the 2015 enhanced reporting requirements for broadband Internet access service (“BIAS”) providers with 250,000 or fewer broadband connections. The Order applies retroactively to the date the enhanced reporting requirements became effective, January 17, 2017, and will be in effect until March 2, 2022.