A Closer Look At FCC's $100M AT&T Penalty

Law360, New York (July 7, 2015, 10:10 AM EDT) -- The Federal Trade Commission recently adopted in a partisan 3-2 vote a notice of apparent liability for forfeiture and order (the NAL) against AT&T Mobility LLC with an unprecedented proposed penalty of $100 million as well as numerous other compliance obligations, marking the first time the agency has enforced its net neutrality transparency rule. This action, made on June 17, 2015, is the latest example of the FCC's increasingly aggressive and wide-ranging approach to regulatory enforcement. It also reflects the escalating turf battle between the FCC and the Federal Trade Commission, in which both agencies have simultaneously targeted the same conduct.[1] The NAL is therefore of great significance not only for parties regulated by net neutrality (e.g., mobile and fixed broadband Internet service providers), but also for the policy's intended beneficiaries (e.g., consumers, edge providers, app developers and device manufacturers) and others subject to FCC jurisdiction....

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