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Recent Developments in Anti-Slamming Regulation ( April 2003 )
In our March 28, 2003 <i>DWT Telecom Alert</i>, we advised you of new and significant changes to the FCC's "slamming" rules. Since then, a new Federal Court of Appeals decision and two new FCC actions have thrown the rules of the road in this area into even greater turmoil. Indeed, these actions may have serious implications for the entire FCC/state scheme regulating the verification of telecom service changes and enforcement of slamming rules. -
Latest FCC Modifications on Slamming ( March 2003 )
Last week, the Federal Communications Commission (FCC) released the fifth in a series of orders since 1998 modifying its rules relating to "slamming" (the unauthorized changing of a subscriber's telecommunications service provider). In the process, the FCC has-in the pursuit of greater consumer protection-significantly increased the responsibilities and burdens of providers of wireline local and long distance telecom services irrespective of whether the service provider is the unauthorized carrier ("slammer"), the authorized ("slammed") carrier, or the executing carrier that processes the change. -
FCC Rule Revisions May Foretell Political Earthquake ( March 2003 )
On February 20, 2003, the Federal Communications Commission ("FCC") rewrote some of its rules for local telephone competition. For a number of reasons the ultimate impact of the FCC's decision on competition is unclear. What seems clear, however, is that the decision signals a dramatic political shift at the FCC at the expense of Chairman Michael Powell. -
Telecom Mergers Predicted: But Don't Bet On It… ( February 2003 )
The New Year brings a flurry of Top 10 lists and resolutions to lose weight. This year, in the wake of the burst of the telecom and Internet bubble, the New Year also brings predictions of major mergers in an industry that is considered to be "ripe for consolidation." While there are plausible cases to be made for potential mergers, there are also a number of reasons to believe that weight-loss vows are as likely to come to fruition as any "major" telecom merger. -
FCC and Congress Look for New Frequency Bands for Expanded WiFi Use ( February 2003 )
Recent interest in unlicensed wireless operations using the 802.11 standard, often called "WiFi," has led both the FCC and Congress to identify additional spectrum where WiFi operations might be possible. The FCC recently issued a Notice of Inquiry (NOI) proposing two bands - including the one currently used for over-the-air television broadcasting - where unlicensed operations could be permitted. -
The FCC'S UNE Triennial Review Order--A Mixed Bag for Competitors ( February 2003 )
Yesterday, the FCC adopted its UNE Triennial Review decision, the most sweeping ruling affecting the telecommunications industry since 1996, and one that is certain to have far-reaching effects in the telecommunications industry for years to come. The decision, which is the result of much debate and compromise, is essentially a "mixed bag" for the competitive industry, with some "wins" and some "losses." -
Building Access Primer ( January 2003 )
This Primer orients the reader on the basics of building access, including a diagram that shows where and how the arcane nomenclature employed by the Federal Communications Commission (FCC) and state regulatory agencies applies as a practical matter to real world situations. The Primer also grounds the reader in basic telecommunications regulatory concepts, upon which the FCC has built its current building access regulations. -
Communications Law and Regulation ( January 1999 )
This summary outlines many of the basic issues confronting communications law practitioners today. -
Federal District Court Finds On-Line Browse-Wrap Licenses Not Binding ( August 2001 )
On July 3, 2001, the Federal District Court for the Southern District of New York issued a ruling declaring on-line browse-wrap licenses invalid. Specht, et al. v. Netscape Communications, et al., 150 F.Supp.2d 585 (S.D.N.Y. 2001).
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