Category Archives: Federal & State Regulatory

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In a Prelude to its TCPA Ruling, the FCC Votes to Create a Database to Identify Reassigned Numbers

With speculation running rampant that Chairman Pai intends to bring a remand order from ACA International v. FCC in January 2019, the FCC took a related step to reduce misdirected calls.  At the December Open Meeting, the FCC approved a Second Report and Order (“R&O”) to create a single, nationwide database for reporting number reassignments … Continue Reading

After a 10-year Proceeding, the FCC Classifies Wireless Messaging as an Information Service

At the Federal Communications Commission (“FCC”) December Open Meeting, commissioners voted to approve a Declaratory Ruling (“Ruling”) that classifies native forms of wireless messaging, short message service (“SMS”) and multimedia messaging service (“MMS”), as information services, and declares that such services are free from regulation as commercial mobile services. The FCC’s objective with the Ruling … Continue Reading

FCC Plans to Classify Texting as an Information Service, Take Action on Robocalls, Spectrum, and Rural Broadband at December Meeting

The FCC plans to take aim again at unwanted texts and robocalls at its next meeting scheduled for December 12, 2018. Unwanted robocalls and texting consistently top the list of complaints received by the FCC and that has driven much regulatory attention by the agency in recent years. Specifically, at its December meeting, the FCC … Continue Reading

FCC Issues Draft Order on Next Spectrum Frontiers Auction

The FCC’s Spectrum Frontiers proceeding, which is focused on making millimeter wave (“mmW”) spectrum available for flexible commercial mobile and fixed use, seems poised to move into a new phase even as the current phase is playing out. At its next meeting on December 12, 2018, the agency will vote on rule changes to facilitate … Continue Reading

Commission Proposes to Ease Wireless Handset Hearing Aid Compatibility Reporting Obligations

At its November 15 Open Meeting, the FCC intends to vote on a Report and Order (“Order”) to make some important changes to the requirements for wireless service providers to report on the number of hearing aid compatible (“HAC”) handsets they offer. The dual aims of the rule changes are to ease the burden of … Continue Reading

International Facilities-Based Service Providers – List of Foreign Direct Termination Arrangement Routes Due to the FCC by November 14, 2018

International service providers likely celebrated when the Federal Communications Commission (“Commission”) eliminated the annual International Traffic and Revenue reporting requirement last year but may have forgotten about the Commission’s plan to issue targeted data requests, when necessary, to obtain information previously available from the annual report. Well the time has come and the Commission now … Continue Reading

FCC Adopts 3.5 GHz Band PAL Licensing Changes

The Federal Communications Commission’s (“FCC’s” or “Commission’s”) vote at its open meeting on October 23, 2018 on a Report and Order regarding the 3550-3700 MHz band (“3.5 GHz Band”) was split along party lines. This was hardly surprising given the criticism of the original order in 2015 by the then-Republican minority. As the now-Republican majority approved changes … Continue Reading

Flurry of USF Audit Reports Expected by End of Year, Random Audits to Return in FY 2019

We attended the Audit Committee meeting at USAC’s quarterly business meeting this morning.  While much of the discussion concerned internal controls USAC has in place to oversee its functions, the business update portion of the meeting gave us a snapshot into contributor and beneficiary audit activity at USAC.  The presentation gave us some insight into … Continue Reading

FCC Will Vote on Taking Steps to Foster Greater Utilization of the 800 MHz Band by Private Land Mobile Radio

Although FCC actions concerning commercial mobile radio and unlicensed spectrum grab the big headlines, the Commission is addressing the needs of other radio users, too. On October 23, 2018, the Commissioners will vote on plans to make available additional channels for, and remove or reduce other requirements applicable to, private land mobile radio (“PLMR”) operations … Continue Reading

FCC Aims to Open up 6 GHz Band for Unlicensed Use While Protecting Incumbents through Automated Sharing Features and Other Restrictions

Responding to demands by high tech companies for more so-called “mid-band” unlicensed spectrum to augment that already made available in the 5 GHz Band, which accommodates Wi-Fi, Internet of Things (“IoT”), and other Unlicensed National Information Infrastructure (“U-NII”) applications as well as Licensed Assisted Access and LTE-Unlicensed solutions, the FCC will vote on a draft … Continue Reading

FCC Consolidates Rules and Extends Frequency Bands for Mobile Earth Stations on Aircraft, Ships and Vehicles

At its open meeting on September 26, 2018, the Federal Communications Commission (“FCC”) unanimously voted to adopt a Report and Order and Further Notice of Proposed Rulemaking to consolidate the agency’s rules governing three different types of mobile earth stations that operate in the Fixed Satellite Service (“FSS”) and communicate with geostationary satellites (“GSOs”). The … Continue Reading

Finally Naming the Duck? Eighth Circuit Decides VoIP is an Information Service, Preempts Minnesota Regulation

After more than twenty years, VoIP’s unclassified status may be coming to an end. Last month, the Eighth Circuit Court of Appeals issued a decision in Charter Advanced Services LLC v. Lange in which it considered whether an interconnected VoIP service offered by Charter can be regulated like a telecommunications service by the Minnesota Public … Continue Reading

Podcast – FCC Enforcement Update, Episode 11: Perils for the Unwary

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier address the legal dangers facing entities that may be unfamiliar with telecommunications regulation. Steve and Brad focus on a multi-million dollar DOJ fraud prosecution involving the E-rate fund and a settlement of inadvertent transfers of FCC licenses … Continue Reading

Net Neutrality Showdown Scheduled for February 1st

In an event sure to garner significant attention from tech, consumer protection, and government stakeholders, oral argument on the consolidated appeals of the FCC’s Restoring Internet Freedom Order (“Order”) will take place on February 1, 2019, at the D.C. Circuit. As we previously discussed, the Order largely reversed the FCC’s own 2015 rulemaking to reclassify … Continue Reading

Podcast – Inside the TCPA: Call Blocking

Full Spectrum’s “Inside the TCPA” podcast series offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode tackles a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, partner Steve Augustino and associate Jenny Wainwright discuss efforts by the FCC … Continue Reading

Podcast – Spectrum Update: C-Band Opportunities

Our “Spectrum Update” podcast series takes a close look at hot topics and issues in wireless spectrum. In this episode, Partners Chip Yorkgitis and Josh Guyan discuss the hotly contested changes that are proposed and ongoing in the spectrum between 3.1 and 4.2 GHz in the U.S. There appear to be potential opportunities for commercial … Continue Reading

FCC Plans to Ease Access to Rights-of-Way for Wireless Deployments

The FCC plans to take major action to speed the deployment of small wireless broadband facilities to support 5G technologies at its next meeting, scheduled for September 26, 2018. The FCC’s draft Declaratory Ruling and Order may significantly tilt the balance of power in favor of wireless broadband providers over state and local governments concerning … Continue Reading

Revamp of 911 Rules on Docket for FCC September Open Meeting

At the next open meeting on September 26th, the FCC Commissioners will vote on a Notice of Proposed Rulemaking (“NPRM”) aimed at improving the nation’s 911 system and Americans’ ability to access emergency services. The proposed rule changes are largely intended to implement directives from Congress in two bills that were signed into law earlier … Continue Reading

FCC Plans Major Wireless Deployment and 911 Actions at September Meeting

Continuing its focus on broadband infrastructure deployment for 5G technologies, the FCC announced that it plans to eliminate regulatory impediments that delay and increase the cost of wireless deployments at its next meeting, scheduled for September 26, 2018. The item would alter the balance of power between wireless broadband providers and state/local governments concerning control … Continue Reading

Marriott Pays Half Million to Resolve Unauthorized FCC License Transfer Investigation

On August 28, 2018, the FCC’s Enforcement Bureau announced a Consent Decree with Marriott International, Inc. (“Marriott”) to resolve an investigation into unauthorized transfers of wireless radio licenses in connection with Marriott’s acquisition of Starwood Hotels & Resorts Worldwide Inc. (“Starwood”). The civil payment levied against Marriott and the other conditions set forth in the … Continue Reading

FCC Seeks Input on Revising and Eliminating Older Rules

As summer begins to wind down, the FCC will begin considering whether to revise or eliminate decade-old regulations, including certain rules related to the Universal Service Fund (“USF”), equipment authorization procedures, and disabilities access. The FCC kicked off its review with a Public Notice under the Regulatory Flexibility Act, which requires federal agencies to reexamine … Continue Reading

Podcast – August 2018 Enforcement Update: FCC Reaches Settlement with AT&T

The FCC recently reached a $5.25 million settlement with AT&T to resolve investigations into two 911 service outages that resulted in thousands of failed emergency calls. This edition of Full Spectrum’s series on FCC enforcement discusses the unexpected settlement and its implications on carrier network practices and the FCC’s enforcement priorities. Partner Steve Augustino and … Continue Reading
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