Telecom and Technology Law Blog

Washington, D.C., The Senate confirmed Julius Genachowski for FCC Chairman last Thursday. Genachowski was President Obama’s chief technology advisor during his presidential campaign and a former Harvard Law classmate. Genachowski worked at the FCC during the Clinton administration and then worked at Barry Diller’s IAC/InterActive Corp. in executive positions for eight years. More recently, he co-founded LaunchBox Digital, a D.C. based venture capital firm, through which he has invested in Internet companies like MyGameMug and MPowerPlayer.

 

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Washington, D.C., The FCC claims that the Communications Act of 1934 gives it authority to regulate “anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske. That includes devices like Wi-Fi routers that use unlicensed spectrum, Fiske says. The FCC claims to have "the right to enter your home without a warrant at any time of the day or night in order to inspect" any equipment that uses the airwaves to transmit data, according to Wired Online.

 

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Moscow, Russia: The Associated Press and the BBC reported last week that Russian businessman, Oleg Teterin, president of the mobile ad company Superfone, claims to have the trademark to the combination of punctuation marks used to convey the “winking face” ;-) emoticon in e-mails and text messages. Teterin states he does not wish to obtain money from individuals who use ;-) and similar emoticons. He does, however, intend to demand “tens of thousands of dollars” in payments from corporations who use the trademarked emoticons. Teterin claims similar emoticons like :-) or ;) or :) may fall under his trademark since they are similar to the wink ;-).

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In the grand scheme of things, it’s always exciting to begin new ventures, and starting a new business or renaming an existing business is one of them.  But with all of the adrenalin flowing in anticipation of such changes, some matters do have a tendency of getting lost in the process.  Consequently, the business can be hurt when it least expects it, from heretofore silent torpedoes coming from the warships of trademark owners.

 

As an example, when a business is in the start-up phase or an existing business is going through a renaming to capture a new market, a great deal of effort goes into (or should go into) determining the branding of the company.  It’s not merely important to find a name which will turn potential customers’ heads and bring them through your door.  What is even more essential is to find a branding which is protectable and enforceable.

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TLG Podcast: FollowUPdate On Early Termination Fees

On June 19 we reported on the FCC’s Public Hearing on Early Termination Fees (“ETFs”). At the Hearing called by the FCC, executives from major telecom companies, like Verizon and AT&T, argued that ETFs are consistent with the public interest because they lower the barrier to entry for consumers, thereby allowing consumers who would not normally be able to participate in the wireless markets, to gain entry. On this basis, they urged that the FCC should pre-empt state-laws that currently allow consumers to seek civil remedies against telecom companies based on state consumer protection laws.

In contrast, consumer advocates argued that the FCC should not pre-empt state laws or courts.  Instead, these advocates asked the FCC to consider setting minimum standards for cell phone companies, in order to protect consumers in states that choose not to regulate/enforce laws against carriers.

Many viewed the FCC’s decision to take up the issue of early termination fees as reflecting an effort to shield large telecom companies from consumer fraud lawsuits based on applicable state laws. However, recent developments may hinder these efforts.

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TLG White Paper Podcast: Effectively Negotiating Telecom Agreements

Carrier agreements are intended to set forth the terms and conditions under which resellers purchase the essential commodity of their business:  telecommunications services.  Sadly, however, it is the rare instance when resellers have read or truly understand the essential terms and conditions of their agreements or negotiate the terms of their agreements effectively as a matter of tactic or strategy.  Even more troubling is the fact that few resellers use their agreements to facilitate their business interests and to protect themselves against undue risk.  As a result, rather than being a roadmap to success and a shield against risk, carrier agreements often become minefields through which resellers unwittingly wander until the inevitable misstep is made and the damage is done.

This white paper is the first in a series addressing key issues in telecom agreements.  Future white papers will address the process of drafting telecom agreements (including a discussion of some of the most critical terms) as well as agreement implementation, dispute resolution and litigation issues.  We hope that you find them of value.

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TLG Podcast: Developments Shaping the Internet

“Opt-In” Web Tracking

Washington, DC: For some time, companies like Google and Yahoo have been tracking consumer searches on their own sites “to tailor advertisements to their interests.” Recently, however, the problem has grown as third-party advertising companies have teamed up with phone or cable Internet carriers to track user activities on the Internet more generally.

Congressman Joe Barton (R-TX) and Congressman Edward Markey (D-MA) believe that this automatic tracking process violates the public’s right to privacy.  To address this concern, they have proposed an “opt-in” program which would allow consumers to choose whether they want to have their data logged to receive customized advertising.

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TLG SnapUPdate Podcast: ACLU Vows to Challenge FISA Immunity Provisions

Washington, DC: The ACLU plans to challenge the FISA bill passed on July 9, 2008, by the Senate. The Foreign Intelligence Surveillance Act ("FISA") grants telecommunications companies, which helped the National Security Agency spy on Americans, retroactive civil immunity from lawsuits

 

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Technology Law Group is pleased to announce that it will serve as a featured legal content provider to the Telecom Association ("TA") as well as its membership in that Association. TA is a consortium of telecom agents, channel partners and vendors providing telecom and technology business services and boasts in excess of 2,400 members. Posted By Greg Taylor In All Articles , Telecom Comments 0 Continue Reading Permalink