The FCC’S Net Neutrality Ruling

$195.00

Live Broadcast on August 15, 2018

CLE Credits earned: 2 GEN

This program will focus on the state of Internet regulation in the United States following the Federal Communications Commission’s 2017 Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order. In that ruling, the FCC reversed a prior (2015) FCC decision to classify broadband Internet access service as a telecommunications service subject to Title II of the Communications Act of 1934 (applicable to communications common carriers) and reclassifying broadband Internet access service as an information service subject only to a light handed regulatory scheme under Title I of the Communications Act. Based on that reclassification, the FCC in 2017 rescinded several of its 2015 rules which prohibited blocking, throttling and paid prioritization of Internet content. The FCC retained, albeit in modified form, a rule requiring transparency by Internet service providers The FCC also eliminated a general conduct standard formal complaint procedures to adjudicate Internet access disputes, and advisory opinions. What regulatory authority remains over Internet access is being transferred from the FCC to the Federal Trade Commission.

The program will address the history of Internet regulation – how we got to where it stands today; how the new regulatory scheme will impact the three categories of stakeholders: 1) Internet Service Providers; 2) Internet application and content providers (sometimes called “edge” providers); and 3) consumers. It will also discuss potential future developments, including court appeals of the FCC decision, federal legislation, and state legislative and executive actions to re-impose some form of “Net Neutrality” regulation at the state level. It will also address the viability of antitrust litigation as a remedy for abusive conduct by Internet Service Providers.

Date / Time: August 15, 2018

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Clear

Original Broadcast Date: August 15, 2018

Mitchell (Rick) Brecher, Esq. is a shareholder at the international law firm Greenberg Traurig, LLP where he heads the firm’s telecommunications practice. He has spent nearly four decades practicing telecommunications law holding positions at several leading telecom companies and, since 1987, has been engaged in private practice.

Prior to entering the private sector, Mr. Brecher was an attorney with the Federal Communications Commission where we was involved in some of that agency’s seminal decisions which opened telecom markets to competition. Mr. Brecher represents wireless and wireline telecom companies, electronic media companies, Internet service providers, Internet content and applications providers, device manufacturers, and corporate users of telecom products and services. His practice includes representation before the FCC, state utility commission, trial and appellate courts. He also is involved in transactional matters on behalf of telecommunications providers and entities such as real estate developers who are engaged in transactions with telecom providers. Mr. Brecher was graduated from Franklin and Marshall College and from the George Washington University Law School.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

Automatic MCLE Approvals
All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AL, AR, CA, CO, CT, FL, GA, HI, ME, MO, MS, MT, ND, NH, NM, NJ, NY, PA, PR, SD, UT, WV, WY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except LA and PA—these two states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NM and LA.]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Reciprocity
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. A summary of the history of Net Neutrality and of governmental actions to regulate Internet services

Section II. The Net Neutrality Rules – what they required; what they prohibited

Section III. What happens next?
a) Judicial review
b) Federal legislation
c) State legislation

Section IV. To what extent will access to Internet content and applications be based upon contractual negotiations rather than regulation?

Section V. What are the prospects for federal preemption of state efforts to impose Internet regulation?