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TELECOM BUSINESS ALERT — FCC COMMISSIONER NOMINATIONS, NETNEUTRALITY, BYOD, POLE ATTACHMENT, VOL X, ISSUE 38

Sep 16, 2013

Telecom Business Alert — FCC Commissioner Nominations, Net Neutrality, BYOD, Pole Attachment, Vol X, Issue38

Inside Washington – Senate Hearing Set for FCC Nominee O’Rielly

The Senate Commerce Committee set the hearing on FCC Commissioner nominee Michael O’Rielly for thisWednesday, September 18.  Mr. O’Rielly, a top staffer with Senator John Cornyn (R-TX), was recommended bySenate Minority Leader Mitch McConnell (R-KY) for the open Republican Commissioner seat, replacing RobertMcDowell who left the FCC in May. Once O’Rielly’s nomination clears Committee, his confirmation will likely bepaired with FCC Chairman Nominee Tom Wheeler to ease the confirmation of both nominees by the Senate. TheSenate Commerce Committee has already approved Wheeler’s nomination.  A Senate vote on the FCC leadershipcould happen as early as before the Columbus Day recess on October 14. 

DC Circuit Court Hears Arguments on Net Neutrality

Last week, the US Court of Appeals for the DC Circuit heard oral arguments for Verizon Communications Inc.’sappeal of the FCC’s 2010 Net Neutrality Order prohibiting broadband providers from blocking or discriminatingagainst Internet content. The primary issue is defining the scope of the FCC’s authority over the Internet andVerizon’s ability to control and benefit from the content traveling in its network.  In oral arguments, Verizonargued the FCC overstepped its authority by essentially imposing common carrier regulations on broadbandproviders and the entire law should be struck. The FCC responded that although it’s Order prevents Internetservice providers from blocking users from accessing web-content, Verizon and other providers could still favorsome traffic by entering into “pay for priority” agreements. The Judges, however, appeared to believe thisargument actually undermined the FCC’s Net Neutrality position. Please contact Doug Jarrett (jarrett@khlaw.com;202.434.4180) for more information.

Supreme Court Pole Attachment Decision October 7                     

The U.S. Supreme Court is scheduled to rule October 7 on whether to consider the electric utility industry’s appealof the FCC’s decision in its April 2011 Pole Attachment Order to regulate the joint use relationship betweenelectric utility and ILEC pole owners. The Court’s decision will help utilities decide how to handle ongoing disputeswith ILECs over attachment rates. For information about how this may affect your utility, please contact TomMagee (magee@khlaw.com; 202.434.4128).   Corporate Counsel Corner: What You Need to Know about BYODPrograms

Last week, Keller and Heckman LLP Partner Tracy Marshall published an article in the Global Legal Postdiscussing the benefits and risks of “Bring Your Own Device” (BYOD) programs. The article reviews thecurrent U.S. legal landscape and identifies some of the factors that employers should consider whendeveloping and implementing BYOD policies. Please contact Tracy Marshall (marshall@khlaw.com;202.434.4234) for more information.