03.31.2017

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General News

Marc Martin was quoted in "3 Things To Watch After FCC’s Privacy Rules Get The Ax," an article published by Law360 regarding Congress' vote striking down privacy regulations for broadband providers.

Marc said there is no court history interpreting the CRA, which was used only once before the Trump administration, but it seems unlikely the new FCC would have an "appetite" to kick off a new rulemaking proceeding to replace the killed regulations.

For now, the Communications Act's privacy requirements still apply to broadband providers, since they are common carriers, experts said, even though there are now no rules implementing the law. The agency might seek to address that uncertainty in the short term, Martin said.

“There’s some ambiguity there, so I would imagine that the Enforcement Bureau or Pai himself or the FCC itself will issue some kind of guidance to the industry," he said.

Net neutrality now appears to be on the White House's target list, Martin said. But though Pai's reference to Powell suggests he favors a more voluntary framework, Republicans have largely been vague on plans.