Lampert, O'Connor & Johnston, P.C.

Comcast to Purchase NBC Universal from GE

On January 28, 2010, Comcast and GE filed a much anticipated application with the FCC seeking approval for Comcast to purchase NBC Universal.

FCC Receives First Round of Net Neutrality Comments

In one of the biggest public filings in the history of the FCC, parties flooded the Commission with comments on the Notice of Proposed Rulemaking to Preserve the Open Internet – the so-called “Net Neutrality” proceeding.

FCC Seeks Four-Week Extension to Deliver National Broadband Plan

On January 7, 2010, Chairman Julius Genachowski formally asked the Senate Committee on Commerce, Science and Transportation and the House Committee on Energy and Commerce for an extension to March 17, 2010, to deliver the final National Broadband Plan to Congress.

FCC Acts on CTIA “Shot Clock” Petition for Declaratory Ruling

On November 18, 2009, the FCC issued a Declaratory Ruling addressing issues related to State and local government review of applications for placement, construction, and modification of personal wireless service facilities.

FCC Adopts Network Neutrality NPRM

In its October 22, 2009, Open Meeting, the FCC adopted a Notice of Proposed Rulemaking seeking comment on proposed rules designed to preserve the open Internet.

FCC Seeks Comment on Middle and Second Mile Access

In connection with its development of the National Broadband Plan, the FCC released a Public Notice seeking comment on the impact that access to second and middle mile transport services and facilities has on broadband deployment and availability.

Comments on NIST Draft Smart Grid Interoperability Standards Report Due November 9, 2009

The National Institutes of Standards and Technology is seeking comments on the NIST Framework and Roadmap for Smart Grid Interoperability Standards Release 1.0 (Draft), which provides a high-level reference model for the deployment of Smart Grid standards and technologies.

Chairman Genachowski Announces Plan for FCC Net Neutrality Rules

Pledging to maintain a “free and open Internet,” FCC Chairman Julius Genachowski has proposed a plan for adopting net neutrality principles into codified rules.

Regulatory Fees Due September 22, 2009

FCC annual regulatory fees for the 2008 fiscal year must be paid by September 22, 2009. An entity’s fee is based on its 2008 revenues as reported on FCC Form 499-A.

NTIA Changes Mapping Rules in Response to Industry Concerns

The National Telecommunications and Information Administration recently announced that it is changing its data-collection rules for broadband mapping efforts in response to concerns expressed by companies and industry groups.

FCC Begins Sixth Section 706 Broadband Deployment Inquiry

On August 7, 2009, the FCC released its sixth Notice of Inquiry pursuant to Section 706 of the 1996 Telecom Act, asking whether advanced telecom capabilities are being deployed to all Americans in "a reasonable and timely fashion." .

Chairman Genachowski Announces Senior Staff for Development of National Broadband Plan

On August 4, 2009, Chairman Genachowski announced several senior staffers who will work on developing the National Broadband Plan as part of the Omnibus Broadband Initiative.

Commissioners Meredith Atwell Baker and Mignon Clyburn Announce Staff

Newly confirmed FCC Commissioner Mignon L. Clyburn announced her staff including Michelle Ellison to lead the Commissioner’s transition efforts and Renée Roland Crittendon to serve as Chief of Staff and Senior Legal Advisor.

Full Deck of Commissioners Gained

Democrat Mignon Clyburn of South Carolina was sworn in August 3, 2009, as the fifth FCC Commissioner.

Lobbying Guidelines Revised

Late last month, the Obama Administration announced changes to its guidelines governing oral communications with government officials regarding particular projects, applications, or applicants for funding under the American Recovery and Reinvestment Act.

Rural Broadband Report Submitted To Congress

On May 22, 2009, FCC Acting Chairman Michael J. Copps submitted to Congress Bringing Broadband to Rural America: Report on a Rural Broadband Strategy, as required by the 2008 Farm Bill.

NTIA Revises Timetable for Broadband Stimulus Funding; Questions Remain Regarding RUS Schedule

The National Telecommunications and Information Administration and the Rural Utilities Service recently posted “milestone” reports to www.recovery.gov regarding their respective broadband stimulus grant programs.

FCC Reduces LNP Porting Interval to One Business Day for Simple Ports

In a win for cable VoIP providers and wireless carriers, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking at yesterday’s Open Meeting that reduces to one business day the maximum time for porting a customer’s telephone number from one service provider to another when the port involves a “simple” wireline to wireline or intermodal port (e.g., wireline-to-wireless, wireline-to-cable VoIP).

FCC Imposes Discontinuance of Service Obligations on Interconnected VoIP Providers

On May 13, 2009, the FCC adopted a Report and Order that extends to fixed and nomadic Interconnected VoIP providers the streamlined discontinuance procedures of part 63 of the FCC’s rules, which currently apply to non-dominant telecommunications carriers.

Eighth Circuit Affirms That Nomadic VoIP Is Not Subject to State Universal Service Payment Obligations

On May 1, 2009, the Eighth Circuit released an order affirming a U.S. District Court decision to issue a preliminary injunction against enforcement of Nebraska’s Universal Service Fund Act, which requires providers of nomadic interconnected VoIP services, such as Vonage, to pay into the state’s intrastate universal service fund.

FTC Delays Enforcement of “Red Flag Rules” Until August 1, 2009

On April 30, 2009, the Federal Trade Commission (announced that it will again delay enforcement of the “Red Flag Rules” until August 1, 2009, giving creditors and financial institutions additional time to develop and implement the written identity theft programs as required by the Rules. The FTC also announced that it will soon release a written template to assist creditors and financial institutions in complying with the Rules.

FTC Enforcement of All “Red Flag” Data Protection Rules Begins May 1, 2009

Federal Trade Commission enforcement of all provisions of the “Red Flag Rules” will begin May 1, 2009, concluding a six-month window of delayed enforcement granted by the agency to provide creditors and financial institutions additional time to develop and implement the written identity theft prevention programs required by the Rules.

FCC Tees Up National Broadband Plan NOI, Considers Rural Broadband Strategy Comments

In further implementation of the American Recovery and Reinvestment Act of 2009, the Federal Communications Commission intends to take up at its April 8, 2009, Open Meeting a Notice of Inquiry concerning the Commission's development of a national broadband plan.

NTIA and RUS Wrap Up ARRA Public Meetings

The National Telecommunications and Information Administration and the Department of Agriculture’s Rural Utilities Service wrapped up the last of six public meetings last week addressing the broadband initiatives created by the American Recovery and Reinvestment Act of 2009, to be implemented by NTIA and RUS (with some FCC coordination).

NTIA Meetings Regarding Broadband Grant Programs to Begin March 2

On February 24, 2009, the National Telecommunications and Information Administration announced that beginning March 2, 2009, it will conduct meetings with parties interested in participating in the Broadband Technology Opportunity Program created by the American Recovery and Reinvestment Act of 2009, and the State Broadband Data and Development program created by the Broadband Data Services Improvement Act of 2008.

Stimulus Bill Signed into Law; Billions Allocated for Energy Modernization Including Smart Grid Initiatives

Yesterday, President Obama signed the American Recovery and Reinvestment Act into law at the Denver Museum of Nature & Science. As part of the roughly $505 billion in spending programs and $282 billion in tax relief and incentives, the Act allocates billions to the Department of Energy for projects designed to upgrade the nation’s electric grid, including investments in advanced energy facilities, Smart Grid and related technologies.

President to Sign Stimulus Bill Today; $7.2 Billion for Broadband

President Obama is expected to sign the American Recovery and Reinvestment Act into law today at the Denver Museum of Nature & Science. The bill passed by votes of 246-183 in the House of Representatives and 60-38 in the Senate last Friday.

Senate Proposes $9 Billion for Broadband

Economic stimulus legislation advanced last week with passage of separate measures by the Senate Appropriations and Finance Committees, while the full House of Representatives voted to pass the House’s stimulus bill, the American Recovery and Reinvestment Act.

Draft Stimulus Legislation Includes $5.65 Billion for Wireless and Broadband Infrastructure

The American Recovery and Reinvestment Act of 2009, introduced January 15, 2009, by the House Committee on Appropriations, includes $5.65 billion for grants to fund wireless and broadband infrastructure deployment.