Federal Communications Law Journal

Trade journal covering communications law. Published in cooperation with the Indiana University School of Law, Bloomington.

Articles from Vol. 69, No. 3, January

Ameren Corp. V. FCC: No. 16-1683, 2017 WL 3224187 (8Th Cir. July 31, 2017)
In Ameren Corp. v. FCC, (1) the United States Court of Appeals for the Eighth Circuit. denied a petition for review by utility companies of a November 2015 FCC order that governed the rates utility companies may charge telecommunications providers...
A New Dog with the Same Old Tricks: The Government's Open Data Initiatives
TABLE OF CONTENTS I. INTRODUCTION 283 II. RECENT INNOVATION TOOLS: NEW NAMES, SAME OLD CONCEPTS285 A. Prize Contests: An Old Dog with Same Old Tricks 285 1. Authority and...
Are Cyber Security Incident Response Teams (CSIRTs) Redundant or Can They Be Relevant to International Cyber Security?
TABLE OF CONTENTS I. INTRODUCTION 202 II. THE CYBER SECURITY INCIDENT LANDSCAPE 203 III. HISTORICAL BACKGROUND AND THE EMERGENCE OF CSIRTS 206 IV. LEGAL AND...
Bais Yaakov of Spring Valley V. FCC: 852 F.3d 1078 (D.C. Cir. 2017)
In Bais Yaakov of Spring Valley v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit vacated an FCC Order which interpreted the FCC's 2006 Solicited Fax Rule to be lawful. (2) The Court held that a provision of the 2006...
Chelmowski V. FCC: No. 15-1425, 2016 U.S. App. LEXIS 7000 (D.C. Cir. Apr. 18, 2016) (per Curiam)
In Chelmowski v. FCC, (1) the Court of Appeals for the District of Columbia dismissed a motion for production of documents, as well as a separate motion for a Vaughn index containing certain FCC documents. The order signifies the finality of certain...
Editor's Note
Welcome to the third issue of Volume 69 of the Federal Communications Law Journal ("FCLJ"), the official journal of the Federal Communications Bar Association ("FCBA"). Over the summer, the FCLJ welcomed 50 new talented individuals to our membership....
FTC V. AT&T Mobility LLC: 835 F.3d 993 (9Th Cir. 2016)
In FTC v. AT&T Mobility, the United States Court of Appeals for the Ninth Circuit dismissed an action brought by the Federal Trade Commission (FTC) against AT&T under Section 5 of the FTC Act, for failing to disclose to its customers its practice...
Global TelLink V. FCC: 859 F.3d 39 (D.C. Cir. 2017)
In Global Tel*Link v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit granted in part and denied in part petitions for review of the FCC's order regulating inmate calling services ("ICS") by setting permanent rate caps...
Montgomery County V. FCC: Nos. 08-3023/15-3578, 2017 U.S. App. LEXIS 12431 (6Th Cir. July 12, 2017)
I. INTRODUCTION In Montgomery County v. FCC, (1) the United States Court of Appeals for the Sixth Circuit held that while the FCC's "mixed-use" rule and interpretation of the term "franchise fee" were arbitrary and capricious, the FCC was not required...
National Association of Regulatory Utility Commissioners V. FCC: 851 F.3d 1324 (D.C. Cir. 2017)
In National Association of Regulatory Utility Commissioners v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit denied a petition for review of an FCC Order which changed the way Voice-over-Internet-Protocol service...
National Association of Telecommunications Officers & Advisors V. FCC: 862 F.3d 18 (D.C. Cir. 2017)
I. INTRODUCTION In National Association of Telecommunications Officers & Advisors v. FCC (1) the Court of Appeals for the District of Columbia Circuit upheld the FCC's reversal of "a decades-old, rebuttable presumption that determined whether...
Neustar, Inc. V. FCC: 857 F.3d 886 (D.C. Cir. 2017)
In Neustar, Inc. v. FCC, (1) the United States Court of Appeals for the District of Columbia Circuit denied petitions for review of FCC's orders naming another telecommunications provider, Telcordia, to replace Neustar as the local number portability...
Tennessee V. FCC: 832 F.3d 597 (8Th Cir. 2016)
In Tennessee v. FCC, (1) the Sixth Circuit Court of Appeals invalidated the FCC's 2015 order preempting laws in Tennessee and North Carolina restricting the expansion of municipal broadband. (2) The court found that Section 706 of Telecommunications...
The Battle against Breaches: A Call for Modernizing Federal Consumer Data Security Regulation
TABLE OF CONTENTS I. INTRODUCTION 228 II. THE CURRENT LEGAL FRAMEWORK FOR DATA SECURITY IS NEBULOUS--BUT THE THREAT OF BREACH IS VERY REAL 230 A. U.S. Federal Circuits...
The Quadrennial Review: The Federal Communications Commission's Latent Superpower & What Can Be Done to Free It
TABLE OF CONTENTS I. INTRODUCTION 253 II. HOW THE SMALL MOLEHILL OF THE QUADRENNIAL REVIEW GREW TO BECOME A "HULK"-ING MOUNTAIN FOR THE FCC 256 A. Legislative History: How...
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