Tag Archives: FCC

July FCC Meeting Recap: Wireless Microphones Order on Recon and Further Notice: A Mixed Bag for Manufacturers and Users

On July 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) revisited the regulatory framework applicable to wireless microphones in several important ways.  The Order on Reconsideration addressed petitions for reconsideration pertaining to licensed and unlicensed wireless microphone operations under the 2015 Wireless Microphones Order and TV Bands Part 15 Order.  The 2015 Wireless … Continue Reading

July 2017 FCC Meeting Recap: FCC Adopts Major Changes to Approval Procedures for Many RF Devices, E-Labeling, Importation Regulations, and Other Equipment Authorization Rules

The Federal Communications Commission (“FCC” or “Commission”), at its July 13, 2017, Open Meeting updated its equipment authorization procedures and rules in a number of ways that will be of great interest to everyone in the supply chain for both licensed and unlicensed radio frequency (“RF”) equipment, including manufacturers, importers, wholesalers, distributors, and retailers.  The … Continue Reading

July 2017 FCC Meeting Recap: FCC Approves Expanded Rules for Radar Services in the 76-81 GHz Band and Plans to Phase Out Other Vehicular Radar Operations

In its July Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) adopted new rules in a Report and Order (“R&O”) to allow a more flexible, streamlined approach for certain radar operations in the 76-81 GHz band. The R&O modifies the applicable rules to increase access for enhanced safety vehicular, fixed, and mobile radar applications … Continue Reading

July FCC Meeting Recap: Commissioners Open Proceeding to Examine Call Authentication Techniques to Combat Unwanted Calls

At the FCC’s open meeting on July 13, 2017, the Commissioners voted in favor of a Notice of Inquiry (NOI) on call authentication frameworks to allow telephone service providers to identify fraudulent calls.  The authentication procedures are intended to allow subscribers and carriers to know that callers are who they say they are.  Initial comments … Continue Reading

July 2017 FCC Meeting Recap: FCC Plans to Strengthen and Expand “Slamming” and “Cramming” Rules

At its July 2017 Open Meeting, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) designed to strengthen and expand consumer protections against “slamming” and “cramming.” Slamming is the unauthorized change of a consumer’s preferred service provider, while cramming is the placement of unauthorized charges on a consumer’s telephone bill.  As we … Continue Reading

July 2017 FCC Meeting Recap: FCC Expands Video Described Programming Requirement

In advance of its July Open Meeting, the Federal Communications Commission (Commission) unanimously adopted a Report and Order (Order) that revises the rules requiring certain video programming providers to make video described programming available for access by Americans who are blind or visually impaired. The new rules expand the Commission’s existing requirements by increasing the required … Continue Reading

June 2017 FCC Meeting Recap: FCC Grants OneWeb’s U.S. Market-Access Petition for its Ka/Ku-Band NGSO System Subject to Conditions

On June 22, 2017, the Federal Communications Commission (“FCC” or “Commission”) conditionally granted OneWeb’s proposed 720 Non-Geostationary Satellite Orbit (“NGSO”) constellation access to the U.S. market in select frequency bands.   OneWeb filed a Petition for Declaratory Ruling with the FCC or U.S. market access rather than an application because it states that its space system license … Continue Reading

June 2017 FCC Meeting Recap: FCC Adopts Rules to Govern State Opt-out of FirstNet Plan

At its June 2017 Open Meeting, the Federal Communications Commission’s (“FCC” or “Commission”) unanimously approved a process to review the alternative plans of States and Territories (“States”) that seek to opt out of the First Responder Network Authority (“FirstNet”) plan for the radio access network (“RAN”) portion of the nationwide public safety broadband network (“NPSBN” … Continue Reading

June 2017 FCC Meeting Recap: FCC Seeks to Exempt Threatening Calls from Ability to Mask Number Using Caller ID Privacy Protections

At its June 22, 2017 Open Meeting, commissioners of the Federal Communications Commission (FCC) voted to start a proceeding that will consider proposed changes to the agency’s rules regarding Caller ID privacy. Specifically, the FCC’s notice of proposed rulemaking (“NPRM”) proposes to revise its rules in section 64.1601 to allow law enforcement and interested parties … Continue Reading

June 2017 FCC Meeting Recap: Commission Adopts “Blue Alerts” Notice of Proposed Rulemaking

At its June Open Meeting the Federal Communications Commission (FCC) unanimously adopted a Notice of Proposed Rulemaking (NPRM) to create a new “Blue Alert” code for the nation’s Emergency Alert System (EAS).  This code is modeled on the highly successful Amber Alerts used during instances of child abduction.  Blue Alerts would notify the public when … Continue Reading

June 2017 FCC Meeting Recap: FCC Proposes $120 Million Fine for Alleged “Spoofed Robocall Campaign”

On June 22, 2017, the Federal Communications Commission (FCC or Commission) issued a first-of-its-kind Notice of Apparent Liability (NAL) alleging that Adrian Abramovich, through numerous companies that he owned or operated, violated the Truth in Caller ID Act by placing more than 95 million robocalls to consumers while “knowingly causing the display of inaccurate caller … Continue Reading

What to Expect at the FCC’s June 2017 Open Meeting

This is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on June 22, 2017.  Chairman Ajit Pai continues to schedule a large number of items each month, reflecting an ambitious agenda for the agency.  Indeed, for the fifth month in a row, … Continue Reading

FCC Amends NAL in Rural Healthcare Proceeding, Increases Proposed Fine

In the first action of its kind, on June 7, 2017, the Federal Communications Commission (“FCC”) issued an amendment to a Notice of Apparent Liability for Forfeiture and Order (“NAL”), for alleged violations of the rules governing the Universal Service Rural Health Care Program (“RHCP”). The FCC found that the fine proposed in the initial … Continue Reading

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy.  The question before the Court is whether law enforcement must obtain a warrant for historical cell-site location information. The case stems from 2014, when Timothy Carpenter … Continue Reading

Sprint and Windstream Waste No Time Appealing Business Data Services Order

On May 8, 2017, merely ten days after the Federal Communications Commission (“FCC”) adopted its Report & Order (“BDS Order”) deregulating the market for Business Data Services (“BDS”), Sprint and Windstream petitioned the U.S. Court of Appeals for the District of Columbia (“D.C. Circuit”) to vacate the BDS Order. In the BDS Order, as we … Continue Reading

Ninth Circuit Grants FTC Request for Rehearing En Banc of AT&T Throttling Case, Setting Aside Earlier Opinion

On May 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing en banc of the court’s earlier decision to dismiss an FTC case against AT&T Mobility over allegedly “unfair and deceptive” throttling practices in connection with wireless data services provided to AT&T’s customers … Continue Reading

Client Advisory: FCC Explores How to Speed Next Generation Wireline Broadband Deployment in New Proceeding

On April 20, 2017, the Federal Communications Commission (“Commission” or “FCC”) initiated three interrelated proceedings in new WC Docket No. 17-84 that aim to “better enable broadband providers to build, maintain, and upgrade their networks” and transition from legacy copper networks to next-generation networks and services. The docket consists of three interrelated parts: a Notice … Continue Reading

FCC Releases Draft of “Internet Freedom” Item in Advance of May Open Meeting

On April 27, 2017, the Federal Communications Commission (FCC or Commission) released the draft text of a notice of proposed rulemaking (NPRM) that would launch a new FCC proceeding (WC Docket No. 17-108) to roll back the Commission’s 2015 Open Internet Order and take steps to “restore Internet freedom” by deregulating broadband Internet access service … Continue Reading

FCC Provides Guidance on Inability to Pay Analysis in Enforcement Actions; Significantly Reduces Slamming/Cramming Penalty

The Federal Communications Commission (FCC) reduced the penalty assessed against a long distance carrier by over $6 million in a Forfeiture Order issued earlier this week, after the carrier demonstrated an inability to pay the proposed fine.  In doing so, the FCC provided rare insight into how it assesses inability to pay claims raised by … Continue Reading

Client Advisory: The FCC Initiates Close Look at Wireless Infrastructure Deployment and Investment Issues

At its April 20, 2017 Open Meeting, the Federal Communications Commission (“Commission” or “FCC”) initiated two proceedings to review ways in which the Commission might alleviate obstacles wireless providers face at the state, local, and Tribal levels when trying to install new or upgrade existing wireless infrastructure. FCC Chairman Ajit Pai welcomed new ideas for “updating … Continue Reading

Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order

On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at the Newseum in Washington, D.C., Chairman Pai announced that he would present a Notice of Proposed Rulemaking (NPRM) to reassess many … Continue Reading

Pai Directs USAC to Improve E-Rate Productivity Center

Federal Communications Commission (FCC or Commission) Chairman Ajit Pai sent a letter this week to Chris Henderson, CEO of the Universal Service Administrative Company (USAC) expressing concern about flaws in USAC’s administration of the E-Rate Productivity Center (EPC), the online application and account portal. In the letter, Chairman Pai noted his support for E-Rate as … Continue Reading

FCC Announces the Results of the $19.8 Billion Broadcast Incentive Auction

On Thursday, April 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) announced the results of its broadcast incentive auction.  The FCC raised approximately $19.8 billion through the auction.  While the gross revenues were considerably less than the nearly $45 billion the Commission raised in 2015 from the Advanced Wireless Services 3 (“AWS-3”) auction, … Continue Reading

Wireline Competition Bureau Explains No Presumption of Intrastate or Interstate Jurisdiction for Private Lines; Carriers Must Conduct Good Faith Inquiry Into Nature of Traffic Carried

By an Order issued late last week, the Wireline Competition Bureau (Bureau) provided important insight regarding determining the jurisdictional classification of private line revenues.  In ruling on long-pending petitions for reconsideration of Universal Service Administrative Company (USAC) audit findings regarding the classification of private line revenues, the Bureau explained that the longstanding Ten Percent Rule … Continue Reading
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