FCC Mandates Data Roaming

On April 7th, 2011 the Federal Communications Commission adopted a rule aimed to “allow consumers with mobile data plans to remain connected when they travel outside their own provider’s network coverage areas by using another provider’s network.”

The FCC’s mandate is aimed at ensuring that widespread data plans are available on “commercially reasonable terms,” and comes after the lobbying of several smaller mobile networks, such as Sprint Nextel, in an attempt remain competitive among the larger wireless carriers.

Reports of a proposed acquisition of T-Mobile by AT&T were cited by Sprint’s  senior vice president of government affairs as a threat to continued wireless competition.

Several Republican Commissioners disagreed with their Democratic

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Call to Action: Restrictive Covenants in Various Corporate Documents

Georgia House Bill 30, which would implement the new Georgia Restrictive Covenants Act (the “Act”), was passed by the Georgia House on February 22, 2011, and is expected to go to the Senate for a vote at some point in the near future.  If the Bill passes the Senate as expected, it will go into effect immediately when the Governor signs it, but will not retroactively apply to any contract signed before it takes effect.

Companies with employees in Georgia should consider the following:

  • Review your existing corporate and employment agreements

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SEC Issues First Fine Over Client Privacy Breach

The Securities and Exchange Commission (SEC) has issued its first-ever fine for failing to properly protect customer data. The charges involve former president Fredrick O. Kraus and former national sales manager David C. Levine of  GunnAllen Financial. The SEC press release said that both parties “violated  customer privacy rules by improperly transferring customer records to another firm.” This is the first case in which people were charged soley with violating Regulation S-P, also known as the Safeguard Rule.

More information can be found here.

Melanie S. Touchstone

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