On January 9, the U.S. Supreme Court granted certiorari to resolve a circuit split over the FCC’s authority to impose monetary forfeiture penalties through its administrative process. The outcome could have significant implications for the FCC’s ability to pursue civil penalties in its enforcement cases. For more information on the issues at stake, including background
Continue Reading Update: Supreme Court Grants Cert in Cases Involving the FCC’s Monetary Penalty AuthorityFCC
FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split
By Yaron Dori & Rosie Moss on
In 2024, the Federal Communications Commission (FCC) issued fines to four major telecommunications carriers—Verizon, AT&T, Sprint, and T-Mobile—for allegedly failing to protect the geolocation data of their subscribers, which the FCC claimed violated its Customer Proprietary Network Information (“CPNI”) rules. To challenge the action, all four carriers had to first pay the fines, which they did. They then petitioned for review of the FCC’s decision in various U.S. courts of appeals, arguing that the FCC’s procedure for adjudicating monetary fines violated their right to a jury trial as guaranteed by the Seventh Amendment. Verizon sought relief in the Second Circuit, T-Mobile (which had merged with Sprint) sought relief in the D.C. Circuit, and AT&T sought relief in the Fifth Circuit.
The Second Circuit and the D.C. Circuit held in favor of the FCC, rejecting the carriers’ argument that the FCC violated their Seventh Amendment rights. But the Fifth Circuit reached a different conclusion, holding that the FCC’s procedure did in fact violate AT&T’s right to a jury trial. The FCC (which lost in the Fifth Circuit) and Verizon (which lost in the Second Circuit) each has filed a petition for certiorari at the Supreme Court.
With a 2-1 federal circuit split and two certiorari petitions pending, some are predicting that there is a good chance that the Supreme Court will decide to consider the appeals. The dispute raises a fundamental question about the FCC’s authority to impose monetary penalties through its in-house administrative enforcement procedures. If the Supreme Court grants certiorari, it will be called upon to determine whether the Communications Act violates the Seventh Amendment by authorizing the FCC to order the payment of monetary penalties for violations of the Act, without guaranteeing the right to a jury trial. The resolution of this dispute thus could have significant implications for how the FCC enforces the law against telecommunications carriers and other entities subject to its jurisdiction.
Both petitions for certiorari have been distributed for a January 9, 2026 conference.Continue Reading FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split
FCC Seeking Comment on Issues Related to Caller ID and TCPA Compliance
By Yaron Dori, Kiara Ortiz & Travis Cabbell on
Today, a Further Notice of Proposed Rulemaking (“FNPRM”) adopted by the Federal Communications Commission (“FCC”) at its open meeting on October 28, 2025, was published in the Federal Register, kicking off the comment cycle for the issues raised in that FNPRM. Comments on the FNPRM are due January 5, 2026, and reply comments are due…
Continue Reading FCC Seeking Comment on Issues Related to Caller ID and TCPA ComplianceFCC Seeks Comment on Proposed Changes to Broadband Label Transparency Rules
By Yaron Dori & Travis Cabbell on
Updated December 4, 2025. Originally posted November 26, 2025.
In November, the Federal Communication Commission (“FCC”) released a Second Further Notice of Proposed Rulemaking (“FNPRM”) proposing to eliminate or modify various broadband label rules for Internet Service Providers (“ISPs”). The FCC’s primary rationale for these proposed changes is that the rules are cumbersome for ISPs…
Continue Reading FCC Seeks Comment on Proposed Changes to Broadband Label Transparency RulesWhite House Drafts Executive Order to Preempt State AI Laws
By Matthew Shapanka & August Gweon on
According to reports published on November 19, the White House has prepared a draft Executive Order to preempt state AI regulations in lieu of a uniform national legislative framework, marking a significant escalation in federal efforts to assert control over AI regulation. The draft Executive Order, titled “Eliminating State Law Obstruction of National AI…
Continue Reading White House Drafts Executive Order to Preempt State AI LawsTrump Administration Issues AI Action Plan and Series of AI Executive Orders
On July 23, the White House released its AI Action Plan, outlining the key priorities of the Trump Administration’s AI policy agenda. In parallel, President Trump signed three AI executive orders directing the Executive Branch to implement the AI Action Plan’s policies on “Preventing Woke AI in the Federal Government,” “Accelerating Federal Permitting of…
Continue Reading Trump Administration Issues AI Action Plan and Series of AI Executive OrdersFCC Takes Action to Expedite Satellite Licensing as Part of Agency’s Space Innovation Agenda
By Corey Walker & Conor Kane on
Last week, the Federal Communications Commission (“FCC”) issued new guidance and adopted new rules intended to expedite the processing of satellite and earth station license applications. In a corresponding move, the agency adopted a Further Notice of Proposed Rulemaking (“FNPRM”) seeking comment on additional policy changes concerning satellite and earth station licensing. These actions, which are part of the FCC’s new Space Innovation agenda, highlight the agency’s ongoing commitment to increasing its role in the regulation of a growing commercial space economy. This latest space-related FCC action consists of two parts: (1) a Report and Order (“R&O”) issuing new guidance and adopting new rules concerning the Space Bureau’s processing of satellite and earth station license applications, and (2) an FNPRM proposing further policy changes.
This latest space-related FCC action consists of two parts: (1) a Report and Order (“R&O”) issuing new guidance and adopting new rules concerning the Space Bureau’s processing of satellite and earth station license applications, and (2) an FNPRM proposing further policy changes. Continue Reading FCC Takes Action to Expedite Satellite Licensing as Part of Agency’s Space Innovation Agenda
Comments Due August 31 on FCC’s Proposal to Step Up Review of Foreign Ownership in Telecom Carriers and Establish Cybersecurity Requirements
Updated August 8, 2023. Originally posted May 1, 2023.
Last week, comment deadlines were announced for a Federal Communications Commission (“FCC”) Order and Notice of Proposed Rulemaking (“NPRM”) that could have significant compliance implications for all holders of international Section 214 authority (i.e., authorization to provide telecommunications services from points in the U.S. to points abroad). The rule changes on which the FCC seeks comment are far-reaching and, if adopted as written, could result in significant future compliance burdens, both for entities holding international Section 214 authority, as well as the parties holding ownership interests in these entities. Comments on these rule changes are due Thursday, August 31, with reply comments due October 2.Continue Reading Comments Due August 31 on FCC’s Proposal to Step Up Review of Foreign Ownership in Telecom Carriers and Establish Cybersecurity Requirements
FCC Seeks Comment on “Supplemental Coverage from Space” Rules, Responding to Growing Trend towards Partnerships between Satellite Operators and Wireless Network Providers
Updated April 12, 2023. Originally posted March 23, 2023.
In March, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that seeks public comment on a proposed licensing framework that would enable multiple satellite operators to supplement the network coverage of terrestrial wireless service providers. Termed “Supplemental Coverage from Space” (SCS), this service would authorize certain satellite systems to use spectrum licensed to a terrestrial network provider partner to provide expanded coverage to the provider’s wireless customers, even in remote areas. Comments on the NPRM, which appeared in today’s Federal Register, are due Friday, May 12, with reply comments due the following month, on Monday, June 12.Continue Reading FCC Seeks Comment on “Supplemental Coverage from Space” Rules, Responding to Growing Trend towards Partnerships between Satellite Operators and Wireless Network Providers
FCC Announces Launch of New Space Bureau, Advancing Plans for Increased Regulatory Role in Growing Space Economy
By Corey Walker on
Today, the Federal Communications Commission (FCC) announced that the agency will officially establish a new Space Bureau with a kickoff event scheduled for Tuesday, April 11. The announcement, though largely a symbolic move (it likely will take additional time for the actual reorganization to occur), highlights the agency’s commitment to increasing its role in regulating a fast-growing space economy.
FCC Chairwoman Jessica Rosenworcel in November announced plans to form the new Space Bureau, which will be spun off from the agency’s International Bureau, the bureau currently responsible for satellite and earth station licensing matters. A new Office of International Affairs will take over the non-space-related duties currently handled by the International Bureau, which will cease to exist following the reorganization.Continue Reading FCC Announces Launch of New Space Bureau, Advancing Plans for Increased Regulatory Role in Growing Space Economy