In June, the FCC approved a package of regulatory measures – Report and Order, Declaratory Ruling, Further Notice of Proposed Rulemaking (“FNPRM”), and Notice of Inquiry (“NOI”) – directed at reforming the IP Captioned Telephone Service (“IP CTS”) program to address concerns about its sustainability. IP CTS is a form of telecommunications relay service (“TRS”) that enables people with hearing loss to communicate by speaking while listening with any remaining hearing ability and reading real-time captions. IP CTS is paid for by the FCC through its TRS Fund and has experienced significant usage growth, now representing almost 80 percent of the costs covered by the Fund. The FNPRM and NOI, which propose fundamental reforms to the IP CTS program, were published in the Federal Register on July 17, 2018, which set the upcoming comment deadlines. Comments on the FNPRM are due by September 17, 2018 and replies by October 16, 2018. Comments on the NOI are due by October 16, 2018 and replies by November 15, 2018.

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In a move affecting nearly every type of dispute brought to the agency, the FCC adopted a Report and Order (“Order”) at its July meeting establishing a streamlined set of formal complaint rules. The new rules cover complaints against common carriers, pole attachment complaints, and complaints involving accessibility for people with disabilities. The revised procedures impose a uniform deadline for answering complaints, eliminate a number of procedural requirements, expand the discovery process, and establish a “shot clock” for FCC decisions. The reforms aim to lower the overall burden on complainants, potentially opening the door to the resolution of more disputes with the FCC instead of in court or elsewhere.

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On July 13, 2018, the Federal Communications Commission (“FCC”) released a Report and Order and Further Notice of Proposed Rulemaking aimed at improving the reliability of the nation’s Emergency Alert System (“EAS”). This action comes six months after a well-publicized false ballistic missile alert that caused widespread confusion and concern in Hawaii, which the FCC observed “underscore[d] the need to streamline [its] testing processes and to ensure proper safeguards are in place.” The FCC explained that the rule changes “will help alert initiators, as well as EAS Participants to develop the skills necessary to effectively use the EAS.” EAS Participants are radio and television broadcast stations, cable systems, wireline video systems, wireless cable systems, direct broadcast satellite service providers, and digital audio radio service providers. In an unusual move, Republican Commissioner Michael O’Rielly dissented in part from the item, citing concerns about “alert fatigue” and suggesting that the Commission may be “overstepping” its bounds by requiring communications providers to provide false alert reports.

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The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its class waiver from the FCC’s accessibility requirements (“Petition”). Specifically, ESA seeks waiver from the 21st Century Communications and Video Accessibility Act’s (“CVAA”) requirement that advanced communications services (“ACS”), like voice and text communications, built into video game software be made accessible for people with disabilities. Comments on the Petition are due by December 1, 2017.


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At the Federal Communication Commission’s (Commission’s) monthly meeting on October 24, 2017, the Commissioners approved a Report and Order and Order on Reconsideration (Order) updating Commission rules regarding hearing aid compatibility (HAC).  Specifically, the Order adopts a new wireline HAC volume control standard, applies the wireline HAC standards to handsets used for advanced communications services (ACS) like interconnected and non-interconnected VoIP, and adopts a volume control requirement for wireless handsets.  The wireless device volume control requirement is the most controversial and drew dissents from both of the Chairman’s fellow Republicans, despite the three year runway for compliance.
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The Federal Communications Commission (“Commission”) voted unanimously at its Open Meeting on September 27, 2017 to approve a Notice of Proposed Rulemaking (“NPRM”) that proposes exempting certain types of wireless providers from the hearing aid compatibility (“HAC”) reporting requirements.  The NPRM outlines possible revisions to the wireless HAC rules that would “reduce unnecessary regulatory burdens, particularly for non-nationwide service providers.”  The reporting requirements currently apply to facilities-based and reseller wireless service providers of all sizes and this rulemaking represents a prime opportunity for smaller wireless carriers to remove some burdensome reporting obligations, which have led to enforcement actions in the past. Comments will be due 30 days after publication of the NPRM in the Federal Register and reply comments will be due 45 days after publication.

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This week, the Federal Communications Commission (“FCC” or “Commission”) released a Notice of Proposed Rulemaking (“NPRM”) to increase uniformity among several diverse sets of FCC complaint procedures.  Today, there are three different mechanisms for complaints handled by either the Market Disputes Resolution Division (“MDRD”) or the Telecommunications Consumers Division of the Enforcement Bureau regarding common

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

On March 16, 2017, the Federal Communications Commission’s Media Bureau (Bureau) released a Memorandum Opinion and Order (Order) addressing Honda Motor Co., Ltd’s (Honda) January 2017 petition for limited waiver of video accessibility rules for its in-vehicle rear entertainment systems. The Bureau granted Honda’s 20-month waiver request with the condition that Honda provide status update reports.

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On December 19, 2016, the Federal Communications Commission’s (Commission) Public Safety and Homeland Security Bureau (Bureau) issued a Public Notice (Notice) seeking comment on a letter from the National Association of State 911 Administrators (NASNA) that asks the Commission to initiate a proceeding to examine issues related to how mobile device 911 applications interface with 911 systems. Comments on the Notice are due by February 2, 2017 and reply comments by March 6, 2017.

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