Late Friday afternoon, the U.S. Supreme Court granted a stay of the Fourth Circuit’s decision setting aside the FCC Media Bureau’s guidance on entitlement to the lowest unit charge (“LUC”) for certain political ads placed on broadcast TV and radio. See our prior post about this issue here. Notably
Continue Reading Supreme Court Action Revives FCC Media Bureau’s Political Ad Guidance
Fourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step In
On August 25, 2026, a divided panel of the U.S. Court of Appeals for the Fourth Circuit set aside guidance by the FCC’s Media Bureau stating that two types of political advertising were entitled to the favorable “lowest unit charge” (“LUC”) rate: ads paid for as “party coordinated expenditures,” meaning ads paid for by a party in coordination with a federal candidate, and ads placed by joint fundraising committees involving a federal candidate. This question had become particularly salient after the Supreme Court’s decision in June that struck down limits on party coordinated expenditures, allowing unlimited party spending in coordination with candidates, as we explained here. The Fourth Circuit’s ruling was in response to a challenge to the Media Bureau’s Public Notice by four Democratic candidates for federal office. The ongoing litigation has a direct and immediate impact on broadcasters and political advertisers, but its broader significance may lie in what the Fourth Circuit said about judicial review of bureau-level FCC actions.
Continue Reading Fourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step InFCC Seeks Public Comment on Improving Spectrum Access for Commercial Space Launch and Reentry Operations
Earlier this week, on August 25, 2026, the Federal Communications Commission (“FCC”) issued a Public Notice seeking public comment on how the agency might increase and improve spectrum access for commercial space launch and reentry activities. The Public Notice follows through on a directive in the Trump Administration’s National Space Transportation Policy memorandum issued last week. Comments are due Monday, September 14, 2026 and reply comments are due Thursday, September 24, 2026.
Continue Reading FCC Seeks Public Comment on Improving Spectrum Access for Commercial Space Launch and Reentry OperationsU.S. Tech Legislative & Regulatory Update – Second Quarter 2026
This update highlights key legislative and regulatory developments in the second quarter of 2026 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and Internet of Things (“IoT”).
Continue Reading U.S. Tech Legislative & Regulatory Update – Second Quarter 2026Delaware General Assembly Passes HB 380, an Amendment to the Delaware Personal Data Privacy Act
On June 16, 2026, the Delaware General Assembly passed HB 380, which would amend the Delaware Personal Data Privacy Act (DPDPA). The bill is currently awaiting the Delaware governor’s signature, and if signed, the amendments would take effect on January 1, 2027. The amendment would impose the following:
Continue Reading Delaware General Assembly Passes HB 380, an Amendment to the Delaware Personal Data Privacy ActU.S. Tech Legislative & Regulatory Update – First Quarter 2026
This update highlights key legislative and regulatory developments in the first quarter of 2026 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and Internet of Things (“IoT”).
I. Federal AI Legislative Developments
In the first quarter, members of Congress introduced several AI bills related to nonconsensual images, chatbots
Continue Reading U.S. Tech Legislative & Regulatory Update – First Quarter 2026FCC Updates Covered List to Conditionally Approve the Use of Certain Drones
In late December 2025, the FCC updated its “Covered List” to add foreign-produced Uncrewed Aircraft Systems (“UAS”) and their critical components. In early January 2026, the FCC narrowed that action by creating a temporary exception for certain UAS and critical components, including those on the Department of War’s Blue UAS
Continue Reading FCC Updates Covered List to Conditionally Approve the Use of Certain DronesConnecticut Attorney General Releases 2025 CTDPA Enforcement Report
The Connecticut Office of the Attorney General (“OAG”) issued an updated Enforcement Report (“Enforcement Report”) under the Connecticut Data Privacy Act (“CTDPA”). The Enforcement Report discusses the OAG’s enforcement actions in 2025 and suggests some areas of focus from the regulator, summarized below.
Continue Reading Connecticut Attorney General Releases 2025 CTDPA Enforcement ReportFCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split
In 2024, the Federal Communications Commission (FCC) issued fines to four major telecommunications carriers—Verizon, AT&T, Sprint, and T-Mobile—for allegedly failing to protect the geolocation data of their subscribers, which the FCC claimed violated its Customer Proprietary Network Information (“CPNI”) rules. To challenge the action, all four carriers had to first pay the fines, which they did. They then petitioned for review of the FCC’s decision in various U.S. courts of appeals, arguing that the FCC’s procedure for adjudicating monetary fines violated their right to a jury trial as guaranteed by the Seventh Amendment. Verizon sought relief in the Second Circuit, T-Mobile (which had merged with Sprint) sought relief in the D.C. Circuit, and AT&T sought relief in the Fifth Circuit.
The Second Circuit and the D.C. Circuit held in favor of the FCC, rejecting the carriers’ argument that the FCC violated their Seventh Amendment rights. But the Fifth Circuit reached a different conclusion, holding that the FCC’s procedure did in fact violate AT&T’s right to a jury trial. The FCC (which lost in the Fifth Circuit) and Verizon (which lost in the Second Circuit) each has filed a petition for certiorari at the Supreme Court.
With a 2-1 federal circuit split and two certiorari petitions pending, some are predicting that there is a good chance that the Supreme Court will decide to consider the appeals. The dispute raises a fundamental question about the FCC’s authority to impose monetary penalties through its in-house administrative enforcement procedures. If the Supreme Court grants certiorari, it will be called upon to determine whether the Communications Act violates the Seventh Amendment by authorizing the FCC to order the payment of monetary penalties for violations of the Act, without guaranteeing the right to a jury trial. The resolution of this dispute thus could have significant implications for how the FCC enforces the law against telecommunications carriers and other entities subject to its jurisdiction.
Both petitions for certiorari have been distributed for a January 9, 2026 conference.
Continue Reading FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit SplitIndiana Attorney General Releases Data Consumer Bill of Rights
In advance of the Indiana Consumer Data Protection Act’s (“Act”) effective date on January 1, 2026, the Indiana Attorney General released a Data Consumer Bill of Rights (“Bill of Rights”) that summarizes the rights created in the Act.
Continue Reading Indiana Attorney General Releases Data Consumer Bill of Rights