Net Neutrality Update – Federal Vs. State Laws?

C-PACE lending has become an important and fast-growing sub-specialty in our hotel finance capabilities. We work with C-PACE providers/lenders and borrowers.

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.

In a fax lawsuit involving allegations against AT&T Mobility LLC and AT&T Mobility National Accounts LLC ("AT&T") for violation of the Telephone Consumer Protection Act ("TCPA"),

The Citizens Broadband Radio Service, also known as CBRS, has drawn little media attention compared to 5G cellular, but it is starting to get some traction with carriers, ISPs, and enterprise customers.

On July 22, 2026, the Federal Communications Commission (FCC or Commission) adopted a Third Report and Order and Third Further Notice of Proposed Rulemaking (covered separately here) in which the Commission advances its ongoing efforts to secure the U.S.

On September 10, 2026, Governor Newsom signed SB 1119, known as Adam’s Law, substantially expanding California’s requirements for companion chatbots when used by children.

The Federal Communications Commission has unanimously approved sweeping changes to its Telephone Consumer Protection Act consent revocation rules, fundamentally altering how businesses must handle consumer opt-out requests for calls and texts. These new regulations replace the controversial 2024 "revoke all" rule with more flexible options that allow companies to designate exclusive opt-out methods while distinguishing between marketing and informational messages.

The Federal Communications Commission has adopted sweeping new restrictions targeting equipment containing components from entities on its Covered List, fundamentally reshaping how manufacturers, online marketplaces, and equipment modifiers must approach FCC compliance. These rules establish unprecedented prohibitions on logic-bearing hardware components, impose strict display requirements for e-commerce platforms, and clarify when existing authorizations can support equipment modifications.

FEMA and the FCC will conduct a nationwide test of the Emergency Alert System on November 17, 2026, requiring participation from all radio and television stations, cable systems, and satellite services. EAS Participants must file three separate forms through the EAS Test Reporting System, with specific deadlines ranging from October 30, 2026, through January 2027. Certain translator and repeater stations are exempt from the registration and filing requirements.

California's new Senate Bill 574 introduces statutory duties for attorneys using generative AI, including mandatory citation verification and court disclosure requirements starting January 1, 2027. The law raises critical questions about how these obligations extend to AI-assisted eDiscovery review and document summarization that feed into court filings.

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...

The U.S. Treasury's Office of Foreign Assets Control (OFAC) intensified its sanctions enforcement in September 2026, with sweeping actions targeting Iran's aviation and financial sectors, new Cuba sanctions regulations, and a comprehensive overhaul of its enforcement architecture. How will these expanded restrictions and the new presumption of denial for Iran-related licenses reshape compliance strategies for multinational companies and financial institutions?

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.

California Governor Gavin Newsom signed two new AI in employment bills that will go into effect as of January 1, 2027. These bills will limit and regulate the use of artificial intelligence decision making in the employer-employee relationship.

As U.S. utilities commit record capital to grid expansion, equipment procurement has emerged as a critical constraint. Lead times for transformers now stretch beyond two years, while material scarcity, inflation, and labor shortages compound delays across conductor, switchgear, and substation components.

Proposed IRS regulations would significantly simplify dependent care assistance program (DCAP) nondiscrimination testing by excluding employees who receive no benefits from the 55% average benefits test. This participant-only approach should reduce testing failures and the need for employers to cap highly compensated employees’ elections.

Expect hearings, document requests, and executive testimony on AI safety incidents, model testing, competition, and data practices beginning in early 2027. House Democratic committee leaders have already asked five frontier AI companies to report misalignment and safety incidents to Congress within 48 hours of detection.

Texas has launched a sweeping investigation into hundreds of data center developments that failed to comply with mandatory water use surveys, marking the latest escalation in a seven-week regulatory crackdown. The state's actions have frozen permits, paused interconnection studies, and exposed projects to criminal and civil enforcement, all while the industry faces mounting scrutiny over its rapidly growing demands on electricity and water infrastructure. With multiple state agencies now coordinating enforc

Oilfield service firms responding to the Dallas Fed Energy Survey for the third quarter of 2026 reported substantially broader increases in input costs than in the prices they received. The input-cost index was 60.4, compared with a prices-received index of 16.3. Each index represents the percentage of respondents reporting an increase minus the percentage reporting a decrease.

California employers face new decisions about compensation arrangements following Governor Newsom's signing of Assembly Bill 1697, which postpones restrictions on employment-related repayment obligations and expands statutory exceptions. The legislation raises practical questions about whether changes already made to sign-on bonuses, retention agreements, and other compensation structures should remain in place or be reconsidered under the amended law.