Communications Law: What Every Telecom and Tech Company Must Know

The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable, and the Telecommunications Act of 1996 was the most significant reform of communications law since 1934, introducing competition into the local telephone market and directing the FCC to take a deregulatory approach to information services.

Telecommunications and administrative cases counsel can advise on the scope of FCC regulatory authority and develop the regulatory compliance and licensing strategy.

A common carrier under the Communications Act holds itself out to serve all members of the public at just and reasonable rates, and common carriers subject to Title II are required to interconnect with other carriers, provide service without unjust discrimination, file tariffs with the FCC, and contribute to the Universal Service Fund.

Telecommunications and regulatory compliance counsel can advise on the FCC regulatory classification and develop the licensing and compliance strategy.

Telecommunications and corporate compliance and risk management counsel can advise on the common carrier obligations applicable to the specific service and develop the compliance and interconnection strategy.

The FCC manages the radio frequency spectrum by licensing specific frequencies through competitive auctions for high-value commercial licenses and administrative licensing for public safety and non-commercial users. Spectrum licenses are renewable authorizations that the FCC can condition, modify, or revoke, and licensees must comply with technical rules, build-out requirements, and interference coordination obligations.

Telecommunications and regulatory compliance counsel can advise on the spectrum licensing process and develop the spectrum acquisition and licensing strategy.

Net neutrality refers to the principle that internet service providers must treat all internet traffic equally regardless of source or content, and the FCC has classified broadband as either a common carrier service subject to Title II or a lighter-touch information service subject to Title I, with the classification changing between administrations. The Supreme Court's decision in Loper Bright Enterprises v. Raimondo in 2024 significantly complicated the FCC's ability to reclassify broadband.

Telecommunications and appellate litigation counsel can advise on the current legal status of net neutrality rules and develop the regulatory risk management strategy.

The TCPA restricts making autodialed calls or sending prerecorded messages to cell phones without prior express consent, making telemarketing calls to numbers on the National Do Not Call Registry, and sending unsolicited faxes, and imposes strict liability with statutory damages of between five hundred and fifteen hundred dollars per call. The FCC has issued rules on what constitutes an automatic telephone dialing system and how consent can be revoked.

Consumer protection disputes and consumer protection law counsel can advise on the TCPA requirements applicable to the specific communications program, assess the compliance status and liability exposure, and develop the TCPA compliance program and litigation defense strategy.

The most significant TCPA compliance risks arise from using automated dialing systems to contact customers without documented prior express written consent, from inadequate consent revocation processes, and from reassigned number issues. The FCC's Reassigned Numbers Database provides a tool for businesses to check whether a number has been reassigned before calling.

Consumer data protection and commercial litigation counsel can advise on the highest TCPA compliance risks, assess whether current consent documentation is adequate, and develop the risk mitigation and defense strategy.

Satellite and wireless service providers are subject to distinct FCC licensing and technical rules, and all telecommunications carriers are subject to Universal Service Fund contribution obligations.

Satellite service providers must obtain FCC authorization, which requires demonstrating technical and legal qualifications, coordinating the proposed orbital slot through the International Telecommunication Union, and complying with FCC technical rules on power limits and orbital debris mitigation. Wireless CMRS providers must comply with E911 location accuracy rules, local number portability obligations, and FCC consumer protection rules.

Telecommunications and regulatory compliance counsel can advise on the licensing requirements applicable to the specific satellite or wireless service and develop the licensing and compliance strategy.

The Universal Service Fund collects contributions from telecommunications carriers and uses the funds to support connectivity in high-cost rural areas, support low-income consumers, and fund telecommunications services for schools and libraries through the E-Rate program. All telecommunications carriers, and in some cases providers of interconnected VoIP service, must contribute based on a percentage of their interstate and international revenues.

Telecommunications and administrative cases counsel can advise on the Universal Service Fund contribution obligations and develop the universal service compliance strategy.