Norman Leventhal is a Partner in our Washington, D.C. office

Every so often, technology advances so far beyond the legal rules implemented to govern it, that Congress has to do some tinkering. The last major revision to the Communications Act occurred in 1996. It may be time for another.

So, what has happened in the last 17 years that might warrant some legislative corrections? Actually, quite a lot:

  • Unregulated Internet based audio and video distributors are actively competing against regulated broadcast and cable companies
  • Telephone companies are complaining that last century regulation has no place in today's vibrant voice and data marketplace
  • Satellite companies are looking for spectrum to compete with terrestrial cellular providers (See The Wallstreet Journal article here)
  • Major broadcast companies want to relax ownership restrictions while public interest and community groups was to maintain or tighten them
  • Although segments of the video program distribution industry are pushing to lighten "fair treatment" rules applicable to commonly owned distributors and producers, ISPs are being pressured to keep an "open" channel for all providers (so-called, Net Neutrality)
  • Commercial Agreements approved by the FCC between Verizon and four large cable companies (Time Warner, Cox, Bright House and Comcast/NBC) turned the expected inter/intra-modal competition framework envisioned years earlier on its head.

Sure, the FCC can look into all of these things and, in some cases, it has already started doing so but we all know where big issues like these ultimately wind-up; yes, in the U.S. Congress. Rep. Marsha Blackburn (R-Tenn.), vice chair of the House Energy and Commerce Committee, has already recognized this likely eventuality as has House Telecom Subcommittee Chairman Greg Walden (R-Ore.) who recently noted several issues in need of revisiting: spectrum reforms, broadband and net neutrality and, of course, the perennial "let's fix the FCC" itself effort.

So, we can expect a surge of new lobbying and legislative proposals as attempts to address these changes in the telecommunications landscape begin to take shape in the coming year.

We will provide updates as new information becomes available.

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