As the number of wireless telephone users continues to proliferate, so does the number of lawsuits against wireless service providers. While consumers seek to utilize various consumer-friendly state law causes of action, the wireless industry continues to push for a uniform federal regulatory regime. Ambiguous language in the Federal Communications Act of 1934 ( FCA ) and disagreement among the federal circuits has led to much confusion over whether state law claims affecting wireless rates and market entry are removable to federal court by way of complete preemption. This iBrief argues that FCA\u27s preemption power is limited by its savings clause, failure to establish a comprehensive regulatory scheme, and provision of a significant ro...
The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter...
Part I of this Article outlines a few fundamentals upon which the subsequent analysis is based. It a...
The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority o...
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits a...
For almost two decades, federal telecommunications regulators had preempted state telecommunications...
In 1993, recognizing that state and local regulatory practices were harmful to the development of wi...
In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act wa...
The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemot...
In California v. FCC, the Ninth Circuit invalidated the FCC\u27s Computer III Order, a regulatory sc...
As the United States becomes increasingly dependent on universal, high-speed wireless services, infr...
The D.C. Circuit’s January 2014 decision in Verizon v. FCC represented a major milestone in the deba...
Over the next decade, regulators will spend increasing time on conflicts between the private interes...
After a delay of over seven years, wireless local number portability rules ( WLNP ) finally went int...
This note examines a Sixth Circuit ruling against the Federal Communication Commission which found t...
For nearly a century, state regulators played an important role in telecommunications regulation. Th...
The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter...
Part I of this Article outlines a few fundamentals upon which the subsequent analysis is based. It a...
The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority o...
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits a...
For almost two decades, federal telecommunications regulators had preempted state telecommunications...
In 1993, recognizing that state and local regulatory practices were harmful to the development of wi...
In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act wa...
The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemot...
In California v. FCC, the Ninth Circuit invalidated the FCC\u27s Computer III Order, a regulatory sc...
As the United States becomes increasingly dependent on universal, high-speed wireless services, infr...
The D.C. Circuit’s January 2014 decision in Verizon v. FCC represented a major milestone in the deba...
Over the next decade, regulators will spend increasing time on conflicts between the private interes...
After a delay of over seven years, wireless local number portability rules ( WLNP ) finally went int...
This note examines a Sixth Circuit ruling against the Federal Communication Commission which found t...
For nearly a century, state regulators played an important role in telecommunications regulation. Th...
The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter...
Part I of this Article outlines a few fundamentals upon which the subsequent analysis is based. It a...
The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority o...