J. Bradford Currier

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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

FCC Streamlines Formal Complaint Procedures and Establishes Shot Clock for Decisions

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 … Continue Reading

Read the Signs: FCC Unleashes Wave of Equipment Marketing Actions Involving LED Signs

As we enter the dog days of summer, the FCC continues to turn up the heat on equipment marketing enforcement. But while million dollar fines for marketing noncompliant devices capture the spotlight, the FCC also quietly issued a number of equipment marketing actions focused on a single type of device: LED signs. In just the … Continue Reading

FCC Plans to Speed Broadband Deployment Through One-Touch Make-Ready Fastlane for Pole Attachments

After a year of heated debate between pole owners and service providers, the FCC is poised to adopt a one-touch make-ready (“OTMR”) process for the “vast majority” of pole attachments at its meeting on August 2, 2018. Late last week, the FCC released a draft Order and Declaratory Ruling that would implement a streamlined process for service … Continue Reading

5G and Broadband Infrastructure in the Spotlight at August FCC Meeting

The FCC will focus on 5G spectrum and the infrastructure supporting next-generation broadband services at its meeting planned for August 2, 2018. Continuing its push to make more spectrum available for flexible wireless use to support 5G technologies, the FCC teed up two major spectrum-related items for its August Open Meeting, which comes hot on … Continue Reading

AT&T Pays $5.25 Million and Agrees to Significant FCC Oversight to Resolve 911 Outage Investigations

On June 28, 2018, the FCC’s Enforcement Bureau announced a Consent Decree with AT&T Mobility, LLC (“AT&T”) to resolve investigations into two 911 service outages in 2017. The outages lasted for more than five hours and resulted in approximately 15,000 failed calls. The settlement was somewhat unexpected because more than a year had passed since … Continue Reading

FCC Imposes Record-Setting $120 Million Fine for Spoofed Robocall Campaign

In the largest forfeiture ever imposed by the agency, the Federal Communications Commission (FCC) issued a $120 million fine against Adrian Abramovich and the companies he controlled for placing over 96 million “spoofed” robocalls as part of a campaign to sell third-party vacation packages.  The case has received significant attention as an example of the … Continue Reading

FCC Moves to Further Deregulate Business Data Services

Nearly a year after it ordered sweeping deregulation of the business data services (“BDS”) market, the Federal Communications Commission (“FCC”) proposed new rules that would allow certain small rural carriers to move from longstanding rate-of-return regulation to price cap regulation for their BDS offerings.  The transition would reduce the regulatory obligations of such carriers, including … Continue Reading

FCC Sets Stage for $4.5 Billion Auction by Resolving Mobility Fund Phase II Challenges

The Federal Communications Commission (“FCC”) took a major step forward on closing the “digital divide” in mobile broadband at its February meeting by unanimously adopting an Order resolving the remaining challenges to the Mobility Fund Phase II (“MF-II”) auction.  The order eases the letter of credit requirements and clarifies the collocation obligations for funding recipients, … Continue Reading

Does the Rural Healthcare Program Need a Check-Up? Program Under Microscope Following $18.7 Million Proposed Fine for Fraud

The Rural Health Care Program (“RHCP”) is sure to face increased scrutiny in the wake of a $18.7 million proposed fine issued by the Federal Communications Commission (“FCC”) at its January meeting against a telecommunications reseller for allegedly defrauding the program.  The FCC claims that DataConnex, one of the top five recipients of RHCP funding, … Continue Reading

E-Rate Fraud in Crosshairs Following Charter School Indictment

E-Rate fraud is back in the spotlight following the indictment of a Dallas charter school CEO and the owner of a contracting company for an alleged kickback scheme resulting in over $300,000 in illegal subsidies. Federal prosecutors stated that the pair violated the E-Rate program’s competitive bidding requirements and submitted fraudulent invoices to the Federal … Continue Reading

November 2017 FCC Meeting Recap: FCC Aims to Speed Wireless Deployment by Eliminating Historic Preservation Review When Replacing Utility Poles

Highlighting the need for rapid infrastructure deployment to meet growing consumer data demands and support future 5G services, the Federal Communications Commission (“FCC”) unanimously adopted a Report and Order at its November 16, 2017, meeting to eliminate historic preservation review of replacement utility poles under certain conditions. The FCC’s limited action marks the first decision … Continue Reading

Honesty is the Best Policy: FCC Imposes $1.7 Million Fine for Submitting Misleading Information in Inmate Calling Services Deal

Stressing the importance of receiving truthful and accurate information, the Federal Communications Commission (“FCC”) reached a $1.7 million settlement with inmate calling services provider Securus Technologies, Inc. and related entities (“Securus”) to resolve allegations that Securus submitted misleading information to the FCC in support of a pending transfer of control.  Although the settlement cleared the … Continue Reading

FCC Chairman Proposes Another Hurricane-Related Exception to the FCC’s Rules

A notable trend under Chairman Pai’s leadership has become the FCC’s proactive willingness to modify its rules in light of recent natural disasters.  As discussed in our recent podcast, the FCC suspended or waived a number of regulatory requirements over the past few weeks for carriers affected by recent major weather events, including rules related … Continue Reading

New Podcast: Communications Impacts of Hurricanes Harvey and Irma

As communications networks continue to recover from the devastation of Hurricanes Harvey and Irma, and with further severe weather events on the horizon, this episode of Kelley Drye’s Full Spectrum podcast takes a look at the impact the hurricanes have on communications service providers. In this episode, Partner Steve Augustino and Associate Brad Currier describe … Continue Reading

FCC Proposes First-Ever Forfeiture Against Property Owners for Facilitating Pirate Radio Operations

Continuing its assault on unlicensed broadcast operations, the Federal Communications Commission (“FCC”) issued a unanimous Notice of Apparent Liability for Forfeiture (“NAL”) at its September meeting proposing the statutory maximum fine of $144,344 against a pirate radio operator as well as the owners of the property housing the unlicensed station.  The action represents the first … Continue Reading

FCC Seeks to Create Uniformity in Formal Complaint Processes

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 … Continue Reading

August 2017 FCC Meeting Recap: FCC Rings Up Another Spoofing Robocaller, Proposing Over $82 Million in Fines

As part of its August 2017 Open Meeting, the Federal Communications Commission (“FCC”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) proposing over $82 million in fines against Philip Roesel and the insurance companies he operated for allegedly violating the Truth in Caller Act by altering the caller ID information (a/k/a “spoofing”) of more … Continue Reading

August 2017 FCC Meeting Recap: FCC Adopts Challenge Process for Billions in Mobility Fund Phase II Support

At its August 2017 Open Meeting, the Federal Communications Commission (“FCC”) unanimously adopted an Order on Reconsideration and Second Report and Order (“Order”) outlining a process to challenge the FCC’s determinations of which areas will receive financial support in the upcoming second phase of the Mobility Fund.  The Mobility Fund provides financial support to wireless … Continue Reading

Enforcement Action in Focus: FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls

On July 26, 2017, the Federal Communications Commission (FCC or Commission) released the text of the Forfeiture Order adopted at the Commission’s July 2017 open meeting against Dialing Services, LLC for enabling unauthorized prerecorded message calls (a/k/a “robocalls”) by third parties to wireless phones in violation of the Telephone Consumer Protection Act (TCPA).  The Forfeiture … Continue Reading

New Podcast: Pai the Enforcer

When Ajit Pai was a Commissioner, he was a frequent critic of the FCC’s enforcement practice.  Now that Chairman Pai has led the FCC for six months, his approach to enforcement is coming into better focus.  In this episode of Kelley Drye’s Full Spectrum podcast, Kelley Drye enforcement attorneys Steve Augustino and Brad Currier discuss … Continue Reading

Commissioner O’Rielly Again Targets Pirate Broadcasters and Their Supporters to Walk the Enforcement Plank

Commissioner Michael O’Reilly called for stronger enforcement action to combat unauthorized “pirate” radio broadcasters in a statement before the Communications and Technology Subcommittee of the House Energy and Commerce Committee on July 25, 2017.  The Commissioner’s recommendations came during the Subcommittee’s hearing on draft legislation to reauthorize the Federal Communications Commission (“FCC”).  While the reauthorization … 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
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