FCC Proposes Massive Fine for AT&T’s Violation of Open Internet Transparency Rule
June 26, 2015 On June 17, the FCC released a Notice of Apparent Liability finding that AT&T Mobility “apparently willfully and repeatedly” violated the FCC’s Open Internet transparency rule by misleading customers about its unlimited mobile data plans. The FCC proposed a $100 million fine for the alleged violations. This case sends a strong message to ISPs about the importance of maintaining accurate and up-to-date disclosures that are consistent with marketing materials.
June 12, 2015 On June 12, 2015, the FCC’s Open Internet Order went into effect, imposing three “bright line” Net Neutrality rules targeting behavior the FCC believes to impair Internet openness and imposing a new general standard for future conduct. Also effective June 12th is the FCC’s decision to reclassify broadband Internet access service (“BIAS”) from a lightly regulated Title I “information service” to a Title II “telecommunications service,” subjecting providers of this service to a significant range of common carrier obligations.
FCC Grants ACA’s Emergency Information Waiver Request
June 1, 2015 On May 26, 2015, the FCC’s Media Bureau adopted an Order granting ACA’s request for a pair of narrowly tailored waivers exempting certain analog-only and hybrid analog/digital (“hybrid”) systems from the requirement to make visual emergency information audibly accessible to blind or visually-impaired subscribers through a secondary audio stream.
FCC Releases Procedures for Reporting Non-Certifying Video Programmers Under the Closed Captioning Rules
May 15, 2015 On May 5, 2015, the FCC released a Public Notice outlining the procedures that video programming distributors (“VPDs”) – a category that includes cable operators and other multichannel video programming distributors (“MVPDs”) – must follow to satisfy their obligation to report non-certifying video programmers to the FCC under the FCC’s new closed captioning quality rules. This action follows the FCC’s earlier announcement establishing March 16, 2015 as the effective date for the closed captioning quality rules.
Open Internet Rules and Title II Reclassification Take Effect on June 12, 2015
May 1, 2015 The FCC’s Open Internet Order was published in the Federal Register on April 13, 2015. As we reported previously (see here and here), the Order adopts new Open Internet rules and reclassifies broadband Internet access service as a heavily regulated “telecommunications service” under Title II of the Communications Act.
April 2, 2015 On March 18, 2015, the FCC’s Enforcement Bureau entered into a Consent Decree with MCI Communications Services, Inc. d/b/a Verizon Business Services (“Verizon”) resolving its investigation into whether Verizon complied with the FCC’s network outage reporting rules. The investigation stemmed from an April 2014 incident when consumers in nine California counties were unable to make 911 calls for six hours. As part of the Consent Decree, Verizon will pay a $3.4 million fine and implement a “fair-reaching” compliance plan.