Regulatory classification

The Biden regulatory blitz continues, but courts are beginning to do their job to stop the biggest legal overreaches. A Sixth Circuit Court of Appeals panel blocked the Federal Communications Commission’s net neutrality rule, citing the Supreme Court’s major questions doctrine. Welcome to the post-Chevron world. “An agency may issue regulations only to the extent that Congress permits it,” the court writes.

Perkins Coie Partner Marc Martin, a lawyer who helps companies understand Federal Communications Commission rules, expects multiple FCC cases to go before the Supreme Court. Martin called the recent Fifth Circuit Court of Appeals decision about the Universal Service Fund (USF)—ruling that the framework through which the FCC created the USF is unconstitutional—“a shock to the industry.” He referred to the Fifth Circuit Court as a “forum-shopping pla

Net neutrality is officially on hold after the Sixth Circuit Court of Appeals blocked the rule from taking effect. The court granted a stay, extending an earlier temporary pause. This time, net neutrality will be blocked until the court says otherwise after reviewing the petitions from broadband providers who opposed the rule.

In February of 2017, Tom Rutledge, then-CEO of Charter, was asked how changes in Washington were about to impact the company.

As with every U.S. election in recent memory, 2024’s is turning out to be a bit of a rollercoaster ride. We took a dive into how a Trump Federal Communications Commission (FCC) might look and act different from a Harris FCC, and what issues each might run into. 

You’ve heard the grand declarations from telecommunications companies over the past few years. "We’re not telcos anymore," they’ve said, "we’re techcos." But what’s so bad about being a telco?Techco, of course, is short for "technology company." The idea is that telcos are evolving beyond their roots as simple connectivity providers and turning into services companies. The underlying implication here is that connectivity is becoming a utility, just like water or electric service.

The Supreme Court in a 6-3 vote overturned the landmark decision in Chevron v. Natural Resources Defense Council, sharply limiting the authority of federal administrative agencies including the Federal Communications Commission (FCC). After the decision in Loper Bright Enterprises v. Raimondo, it will be easier to challenge and overturn agency decisions, and federal agencies will be more hesitant to adopt new regulations absent clear Congressional direction.

On July 12, a federal court in Ohio delivered a temporary setback to the Federal Communications Commission’s (FCC) plans to enforce new net neutrality regulations, halting their implementation until at least August 5. The ruling by the U.S.

On July 9, the House Commerce Committee's Communications and Technology Subcommittee held a hearing on the fiscal year (FY) 2025 budget for the Federal Communications Commission. FCC Chairwoman Jessica Rosenworcel testified before the subcommittee along with fellow commissioners Brendan Carr, Geoffrey Starks, Nathan Simington, and Anna Gomez.

The telecommunications industry has unleashed a barrage of lawsuits designed to block a major policy goal of the Biden administration, a new internet-fairness regime it hopes to lock down ahead of the November election. The conflict is likely to drag on through the rest of 2024, showcasing the kind of behind-the-scenes Washington fight that can flare in an election year as a White House tries to cement its legacy. The suits opened a new front in the battle over “net neutrality,” a policy the Federal Communications Commission voted to adopt in April.