Join us on Wednesday, April 8th as we discuss the FCC’s response to the COVID crisis, the communications elements in the CARES Act, compliance with state stay-at-home orders, and pending proposals for more relief. We will provide you with a concise download on and quick analysis of these fast moving developments. Click here to register.

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In response to the COVID-19 pandemic, the FCC has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and provides this overview of the key actions impacting enterprise and small business customers of communications services. For additional information on these and other FCC actions, follow Kelley Drye’s CommLaw Monitor, where we post regular updates of the latest regulatory and legislative actions impacting the communications industry.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


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As COVID-19 has reached pandemic levels, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and what they mean for communications service providers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business. Subscribe to receive these alerts.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


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The FCC plans to mandate that voice service providers adopt caller ID authentication technology to combat illegal “spoofing” and deregulate longstanding end-user access charges at its next meeting scheduled for March 31, 2020. Under the FCC’s proposal, voice service providers that originate or terminate calls would be required to employ STIR/SHAKEN technology (a framework of interconnected standards to authenticate phone calls as they are passed from carrier to carrier) in their networks no later than June 30, 2021, allowing them and other providers in the call chain to verify that calls are coming from the displayed caller ID number. The proposal would implement provisions of the recently-passed TRACED Act, which requires the FCC to kick off a multitude of near-term rulemakings and other actions aimed at addressing unlawful spoofing and robocalling operations. FCC Chairman Pai previously urged major providers to adopt STIR/SHAKEN technology voluntarily, but his assessment is that the voluntary approach did not move fast enough. In addition, the FCC anticipates launching a rulemaking to deregulate a host of end-user charges related to interstate access service and prohibit carriers from invoicing such charges through separate line items to simplify customer bills.

Although the March agenda is relatively light, the STIR/SHAKEN and access charge items could significantly impact provider costs, tariffing practices, and billing procedures. As a result, providers should closely examine the FCC’s proposals and get their input in early in light of the agency’s recent decision to restrict in-person meetings and expand telework in response to the coronavirus pandemic. You will find more information on the key March meeting items after the break:


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Last week, in a major enforcement action, the FCC proposed $208 million in fines against the nation’s four largest wireless carriers—AT&T, Verizon, T-Mobile, and Sprint—for allegedly selling access to their customers’ location information without taking “reasonable measures” to protect the information against unauthorized disclosure. The FCC argued that such actions violated its rules regarding the protection of customer data known as customer proprietary network information (CPNI).

This enforcement action marks a series of firsts. It is the first CPNI enforcement action since the pre-2016 CPNI regulations were reinstated following the repeal of the broadband privacy rules by Congress in 2017. This is also the first large consumer protection enforcement action under Chairman Pai’s leadership—up to now, Chairman Pai has eschewed the principle-based enforcement of his predecessor in favor of more clear-cut rules violations. The action also generated criticism both for being too soft (and too late) and for potentially being beyond the Commission’s jurisdiction.


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In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Senior Associate Brad Currier take a closer look at shifting strategies to provide effective enforcement of TCPA violations. Unlike TCPA actions of the past, which focused primarily on the entity that is placing the call, these new TCPA actions

Nearly two years ago, in ACA International v. FCC, the DC Circuit reversed the FCC’s 2015 order interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection Act (TCPA) and remanded that interpretation for further consideration.  Since that time, callers, call recipients, practitioners and litigants have all been awaiting the

From smart homes and self-driving vehicles to drones and healthcare monitoring, Internet of Things (IoT) capabilities are a hot topic for both manufacturers and consumers. The most recent episode of Kelley Drye’s Full Spectrum podcast spotlights one of the key areas for everyone involved – maintaining security of IoT devices. Partners John Heitmann and Steve

Editor’s note:  CommLaw Monitor primarily addresses developments in communications and technologies in the United States. We provide this special update regarding new regulations in Germany for the benefit of U.S. and foreign service providers alike. The security issues discussed below may have implications for all service providers.

The German Federal Network Agency, Bundesnetzagentur (BNetzA), recently launched a final public consultation on its new draft Catalogue on security requirements for telecommunications service providers and operators of public telecommunications networks. The draft is revamped significantly, but follows the same vein as its predecessors to prevent disruptions and manage security risks, by requiring providers and operators to implement technical security measures and safeguards for operating telecommunications and data processing systems. The deadline for comments on this version 2.0 of the Catalogue is 13 November 2019, but the BNetzA is unlikely to make fundamental changes at this late stage. Consequently, stakeholders should consider the draft as a reliable indicator of the official version, and assess how to best satisfy the requirements.


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At the end of July, the National Institute for Standards and Technology (“NIST”) released draft cybersecurity guidance for IoT device manufacturers. The document, titled Core Cybersecurity Feature Baseline for Securable IoT Devices: A Starting Point for IoT Device Manufacturers, is intended, according to NIST, identify the cybersecurity features that IoT devices should have “to make them at least minimally securable by the individuals and organizations who acquire and use them.” The NIST document is not a rule or requirement for IoT devices, but rather is a continuation of NIST’s effort to foster the development and application of voluntary standards, guidelines, and related tools to improve the cybersecurity of connected devices.

NIST is seeking comment on the document through September 30 of this year and it held a workshop in August for interested parties to discuss the document. In a prior post, I blogged on takeaways from that workshop. Now, it’s time to take a closer look at the NIST document itself.


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