Kelley Drye Full Spectrum

In late August, the Ninth Circuit ruled that AT&T was exempt from Federal Trade Commission oversight by virtue of its “status” as a common-carrier, and dismissed an FTC case against AT&T over its practice of “throttling” customers’ data usage. The FTC filed a request for en banc review by the full panel of the Ninth Circuit in mid-October. If the ruling stands, it could dramatically alter the jurisdictional boundaries between the FTC and FCC. In this episode, paralegal Matt Weinmann interviews partner John Heitmann on the decision and its possible implications.