Welcome to the next edition of Venable's Telecommunications Industry News. This monthly newsletter will feature insights from our Telecommunications Practice Group on the latest issues affecting the wireless, telecommunications and space industries.
Insights
FCC Releases Proposed Rule for Codifying Updates to the TCPA
As we recently previewed, the Federal Communications Commission (FCC) published its Proposed Rule that would codify its updated guidance on the Telephone Consumer Protection Act (TCPA). The TCPA regulates calls and text messages sent using automated technology and is frequently litigated. Below are the major proposed rule changes on which the FCC seeks comment.
FCC Proposes "All-In" Video Service Advertising Rules for Cable and Satellite TV
The FCC recently released a Notice of Proposed Rulemaking proposing to require cable operators and direct broadcast satellite (DBS) providers to specify an "all-in" total price for their video service, both in their promotional materials and on subscribers' bills.
Laura Stefani and Melanie English Publish "International Cooperation at the Final Frontier: The State Department Releases a New Space Diplomacy Framework" in Westlaw Today
On July 6, 2023, Laura Stefani and Melanie English published "International Cooperation at the Final Frontier: The State Department Releases a New Space Diplomacy Framework" in Westlaw Today. The following is an excerpt:
The United States Department of State (Department) recently released its first-ever Strategic Framework for Space Diplomacy (Framework) outlining how the Department will advance the U.S. position as a global space leader and expand international cooperation on mutually beneficial space activities, while promoting responsible behavior by all space actors. The Framework is being released at a time of increased space activity and rising global tension, and if it is successful, it will be a step toward helping the nation to manage both.
The Future of Chevron Deference and Administrative Law
On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative law. But when the Supreme Court recently granted the certiorari petition in Loper Bridge Enterprises v. Raimondo, it was the clearest indication to date that the new conservative majority was prepared to revisit, if not abandon, the long-standing "Chevron deference" principle. For almost 40 years, federal agencies have been granted general deference in exercising the scope of their regulatory authority, based on the Court's ruling in Chevron, U.S.A., Inc. v. Natural Resources Defense Council. However, the scope of this deference has diminished. It has long been assumed that the current Court was looking for a matter in which to further reconsider the scope of the Chevron ruling. The Loper case most likely presents that opportunity.
Upcoming Webinar – Please Stay Tuned for the Date!
Artificial intelligence – whatever the form or meaning – has become one of the hottest policy issues in Washington, DC this year. While the Federal Communications Commission (FCC) handles many aspects of America's Big Tech economy, it is still in learning mode with regard to the potential impact of today's artificial intelligence on the telecommunications industry and other areas under the agency's regulatory purview. Certainly, the potential for AI may include bridging the digital divide, improving access to the Internet, running communications networks more efficiently, and better spectrum management, among other applications relevant to the FCC. Join Venable's Telecommunications practice as they host an interactive discussion with industry leaders and Washington insiders in the early fall – please stay tuned for the invite soon!