The FCC released a full agenda for its next Commission Open Meeting, scheduled for September 30, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) to improve the Wireless Network Resiliency Cooperative Framework (“Framework”) and outage reporting. The FCC will next address an Order on Reconsideration to vacate a 2020 order that permits states to lease spectrum in the 4.9 GHz band (designated for public safety use) to third parties for non-public-safety use and a Further NPRM (“FNPRM”) to adopt a nationwide framework for the 4.9 MHz band that would allow for public safety and non-public safety uses. The FCC will also consider adopting a Public Notice that would describe the process for the Office of Engineering and Technology (“OET”) to approve automated frequency coordination (“AFC”) systems, which must be used when performing certain unlicensed operations in the 6 GHz band. Rounding out spectrum issues, the FCC will consider a Notice of Inquiry (“NOI”) focused on whether there is adequate spectrum to support the Internet of Things (“IoT”). The FCC will then shift its attention to two FNPRMs regarding robocalls. One FNPRM would propose that voice service providers block autodialed calls to numbers on the Public Safety Answering Points (“PSAP”) Do-Not-Call registry and seek alternative ways to protect PSAPs from robocalls and security threats. The other robocall-related FNPRM would propose that gateway providers take action to prevent robocalls that originate outside of the U.S. on U.S. numbers. Next, the FCC will address another NPRM to clarify that Tribal libraries are eligible to receive support under the E-rate program. The FCC will close its meeting by considering a Second Report and Order that would adopt standard questions to be answered by applicants with reportable foreign ownership that seek the Commission’s approval to obtain or modify certain licenses or to complete transactions involving those licenses.

You will find more information about the items on the September meeting agenda after the break:


Continue Reading The FCC’s Packed September Meeting Agenda Includes Focus on IoT Spectrum and Robocall Prevention

Today, the FCC is holding its last Open Meeting of the summer. Here is the agenda. The meeting will first consider a Public Notice to establish two new Innovation Zones for experimental licenses in Boston, MA and Raleigh, NC to study wireless technology use cases and test integration with new technologies. The FCC will next consider a Further Notice of Proposed Rulemaking (“FNPRM”) that would propose to adopt clarifications and revisions to the agency’s numbering rules, including requiring additional certifications and ownership disclosures for authorization of direct numbering access. The Commission will also hear a Third Report and Order that would authorize the agency’s private Governance Authority overseeing the STIR/SHAKEN framework to review and revoke a voice service provider’s participation in STIR/SHAKEN. The Order would further establish an appeals process and procedures for providers affected by a revocation. Additionally, the FCC will consider a Notice of Proposed Rulemaking (“NPRM”) that would update the compensation methodology for the Internet Protocol Relay (“IP Relay), a form of Telecommunications Relay Service. Lastly, the FCC will consider an NPRM proposing to update the agency’s political programming rules, followed by a Memorandum Opinion and Order on Reconsideration that would grant three petitions for reconsideration of the Part 95 Personal Radio Services Rules Report and Order.

You will find more information about the most significant items after the break.


Continue Reading FCC Closes Out the Summer With STIR/SHAKEN Revocation in August Open Meeting

The FCC released the agenda for its next Commission Open Meeting, scheduled for June 17, 2021. The meeting will first consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) to broaden the secured communications supply chain beyond the FCC’s universal service programs. Specifically, the NPRM would propose to prohibit all future authorizations for equipment on the FCC’s Covered List, revoke current equipment authorizations for equipment on the Covered List, and require certifications from future FCC auction participants that they will not rely on financial support from any entities designated as a national security threat. The FCC also tees up a Report and Order that would allow for expanded marketing and importation of radiofrequency devices prior to certification, with certain conditions to prohibit sale or operation of those devices prior to authorization. The agency will next consider a Report and Order and FNPRM that would improve and streamline the agency’s Emergency Alert System (“EAS”) and Wireless Emergency Alerts (“WEA”) Systems, as initially proposed in a March 2021 NPRM. The FCC will also consider a Report and Order that would streamline private entity reporting of robocalls and spoofed caller ID by creating a direct reporting portal to the Enforcement Bureau, along with a Report and Order providing additional guidance and clarity on the agency’s telehealth-driven Connected Care Pilot Program. Lastly, the meeting agenda includes items that would explore spectrum options for maritime navigations systems and modify existing low power FM rules.

You will find more information about the most significant items on the June meeting agenda after the break:


Continue Reading FCC June Meeting Agenda Includes Broadened Supply Chain Measures, Improved Emergency Alerts and Robocall Reporting, and Expanded Telehealth Guidance

The FCC Open Meeting, scheduled for May 20, 2021 and led by Acting Chairwoman Jessica Rosenworcel, includes four agenda items and two enforcement actions. First, the FCC will consider a Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking (“FNPRM”) that will lower interstate rates and charges, limit international rates, and seek comment on further reforms to the FCC’s calling services rules for inmate calls. Second, the FCC will consider a Notice of Proposed Rulemaking (“NPRM”) and Order to set Telecommunications Relay Services (“TRS”) Fund compensation rates for video relay service (“VRS”). Third, the FCC will consider a Further Notice of Proposed Rulemaking to combat robocalls by accelerating the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework. Fourth, the FCC will consider an Order on Reconsideration to allow certain affiliates of merging companies that receive model-based and rate-of-return universal service support to be excluded from a “mixed support” merger condition cap.

You will find more details about these items on the May meeting agenda after the break.


Continue Reading FCC’s May Open Meeting Addresses Prison Phone Rates, Video Relay Service Rates, Robocall Restrictions, and Mixed Universal Service Fund Support Transaction Conditions

On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court, in a decision authored by Justice Sotomayor, held that a device must have the capacity to use a random or sequential number generator in either storing or producing a telephone number, to qualify as an ATDS under the TCPA. Facebook, Inc. v. Duguid et al., Case No. 19-511 (2021).

Our preview of the Supreme Court’s consideration of Duguid can be found here and our analysis of the oral argument can be found here. The Court’s decision is discussed below, and its opinion can be found here.


Continue Reading Supreme Court Defines ATDS Under The TCPA

In episode 9 of Kelley Drye Full Spectrum’s “Inside the TCPA” series, Partner Steve Augustino and Associate Chris Laughlin provide an update on the new FCC requirement for voice service providers to develop and implement robocall mitigation programs. Building on their Episode 7 discussion of the STIR/SHAKEN framework, Steve and Chris discuss when

Earlier this year, we were asked to suggest 2021 resolutions for clients in the telecommunications, media, and technology industries. We developed several that should guide industry participants to improve their compliance and services to customers. Research suggests that February typically is the month when New Year’s resolutions fail, so we decided to take a look at our resolutions and offer some suggestions for making these stick.

To start, here is the first resolution we suggested for the industry:

Resolution for Voice Service Providers: Resolve to reduce illegal robocalls. Voice service providers long have supported the FCC’s ongoing efforts to target bad actors sending illegal and fraudulent robocalls, but in 2021, each carrier should resolve to do its part individually  in the battle to stop illegal calls. All voice service providers must implement the STIR/SHAKEN call authentication framework by June 30, 2021 and should develop an effective robocall mitigation program to prevent their customers from originating illegal robocalls. These changes are necessary to stay on the right side of the anti-robocall battle.  Each voice service provider should resolve to make reducing illegal robocalls a top priority.


Continue Reading A Look at Communications Industry New Year’s Resolutions: Reduce Illegal Robocalls

On February 9, Partner Steve Augustino will moderate a two-part Robocall Compliance panel at the INCOMPAS Policy Summit. Steve, along with FCC attorneys and other industry leaders, will discuss 1) Progress towards the implementation of STIR/SHAKEN and call authentication solutions for non-IP portions of voice service providers’ networks and upcoming compliance requirements related to provider

For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is expected to resolve a widening Circuit split over what qualifies as an automatic telephone dialing system (“ATDS”) under the TCPA, 47 U.S.C. § 227, et seq., and thus determine much of the scope of the TCPA’s calling restrictions.

Continue Reading Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers,