Jennifer Rodden Wainwright

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Podcast – Inside the TCPA: Consumer Consent

“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle 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 the consent issues before the FCC in … Continue Reading

FCC Adopts Rule Changes to Improve Emergency Alert Reliability

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 … 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

Podcast – Inside the TCPA: Autodialers

Kelley Drye introduces a new Full Spectrum series, “Inside the TCPA,” which will offer a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this inaugural episode, partner Steve Augustino and … Continue Reading

FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision

On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light of the recent decision by the D.C. Circuit Court of Appeals to overturn most of the FCC’s 2015 Omnibus TCPA Declaratory Ruling.  Given Chairman Pai’s … Continue Reading

Press “1” for More Scrutiny: Congress Shows Keen Focus on Robocall Issues

Just over a month after the D.C. Circuit struck down large portions of the FCC’s 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act (TCPA), several developments on Capitol Hill last week suggest that Congress has renewed its focus on robocall issues.  While these actions are preliminary, it could indicate that addressing robocalls may be … Continue Reading

Citing National Security, FCC Begins Proceeding to Bar the Use of Universal Service Monies for Equipment from Certain Countries

Echoing concerns raised by other parts of the federal government over the past several years, the FCC, at its open meeting on April 17, 2018, adopted a Notice of Proposed Rulemaking (“NPRM”) to consider a rule which would prohibit Universal Service Fund (“USF”) support from being used “to purchase or obtain any equipment or services … Continue Reading

FCC Votes on Possible Changes to the Rural Health Care Program

At its last open meeting in 2017, the five FCC Commissioners unanimously voted to adopt a Notice of Proposed Rulemaking (NPRM) and Order regarding the Commission’s Rural Health Care (RHC) Program, a 20-year old initiative aimed at improving rural health care provider access to first telecommunications services and later an array of communications services, including … Continue Reading

On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight of Broadband

On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to broadband Internet access service (BIAS) between the two agencies.  The new MOU was announced three days before the FCC’s scheduled vote to reclassify BIAS as … Continue Reading

Will Your TV Watch You? FCC Green Lights Targeted Advertising in Next Gen TV Broadcasting Standard

Last week, the Federal Communications Commission (FCC), in a 3-2 vote, approved an order allowing “television broadcasters to use the ‘Next Generation’ broadcast television (Next Gen TV) transmission standard, also called ‘ATSC 3.0.’”  Described in the Order “as the world’s first Internet Protocol (IP)-based broadcast transmission platform,” the Next Gen TV standard is expected to … Continue Reading

Louisville One-Touch Make-Ready Ordinance Survives AT&T’s Challenge in Federal District Court

On August 16, 2017, the U.S. District Court for the Western District of Kentucky granted summary judgment in favor of the Louisville Metro Council to uphold the city’s recently-enacted ordinance amendments providing for “one-touch make-ready” (“OTMR”) on poles in the City’s public rights-of-way.  The ordinance had been challenged by AT&T, which alleged that in enacting … Continue Reading

UPDATE: August 2017 FCC Meeting Recap: FCC Announces Comment Deadlines for Proposed Changes to Broadband Data Collection

On August 24, 2017, the Federal Communications Commission (“FCC” or “Commission”) published in the Federal Register its Further Notice of Proposed Rulemaking (“FNPRM”) that explores ways to improve the value of data, collected on FCC Form 477, regarding the availability of mobile and fixed broadband and other communications services, and to identify and eliminate unnecessary … Continue Reading

August 2017 FCC Meeting Recap: FCC Proposes Changes to Broadband Data Collection

At its August Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) voted unanimously in favor of a Further Notice of Proposed Rulemaking (“FNPRM”) that explores ways to improve the value of data, collected on FCC Form 477, regarding the availability of mobile and fixed broadband and other communications services, and to identify and eliminate … 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

July 2017 FCC Meeting Recap: Commissioners Adopt Second Robocall NOI to Examine Reassigned Number Database Issues

On July 13, 2017, the three FCC Commissioners voted in favor of a Second Notice of Inquiry (NOI) to gather feedback on using numbering information to create comprehensive list that businesses can use to identify telephone numbers that have been reassigned from a consumer that consented to receiving calls to another consumer.  It also asks … Continue Reading

July FCC Meeting Recap: Commissioners Open Proceeding to Examine Call Authentication Techniques to Combat Unwanted Calls

At the FCC’s open meeting on July 13, 2017, the Commissioners voted in favor of a Notice of Inquiry (NOI) on call authentication frameworks to allow telephone service providers to identify fraudulent calls.  The authentication procedures are intended to allow subscribers and carriers to know that callers are who they say they are.  Initial comments … Continue Reading

What to Expect at the FCC’s July 2017 Open Meeting

Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017.  Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items.  Indeed, for the sixth month in a … Continue Reading

June 2017 FCC Meeting Recap: FCC Proposes $120 Million Fine for Alleged “Spoofed Robocall Campaign”

On June 22, 2017, the Federal Communications Commission (FCC or Commission) issued a first-of-its-kind Notice of Apparent Liability (NAL) alleging that Adrian Abramovich, through numerous companies that he owned or operated, violated the Truth in Caller ID Act by placing more than 95 million robocalls to consumers while “knowingly causing the display of inaccurate caller … Continue Reading

Podcast: TCPA Update Spring 2017

This podcast episode is the second in the Kelley Drye Full Spectrum series devoted to covering noteworthy developments relating to the Telephone Consumer Protection Act (TCPA). This series covers decisions from the FCC and federal courts, as well as any TCPA-related activity on Capitol Hill. In this episode, partner Steve Augustino and associate Jennifer Wainwright … Continue Reading

D.C. Circuit Limits FCC Jurisdiction on Fax Advertisements

On March 31, 2017, the United States Court of Appeals for the District of Columbia issued a decision in Bais Yaakov of Spring Valley et.al. vs. FCC (No. 14-1234), holding that the FCC’s 2006 Solicited Fax Rule is unlawful to the extent that it requires opt-out notices on faxes sent with the recipient’s consent (i.e., … Continue Reading

Court Rules in FTC’s Favor on “Common Carrier” Status in Cramming Case

On an issue that takes on new-found importance after FTC v. AT&T Mobility, a federal court in Montana granted summary judgment in favor of the Federal Trade Commission (FTC) in a case alleging that the defendants violated the FTC Act by placing charges on consumer telephone bills for purportedly unwanted service add-ons, such as voicemail, … Continue Reading

FCC Chairman Pai Offers Ideas for “Aggressive Action” on TCPA Issues

To close out his first week as Chairman of the Federal Communications Commission, Ajit Pai spoke briefly at a meeting of the FCC’s Consumer Advisory Committee on Friday, January 27, 2017 and made clear that one of his priorities will be to address “robocalls,” which are the number one source of complaints to the FCC.  … Continue Reading

FTC Announces Two Telemarketing Cases

On January 13, 2017, the Federal Trade Commission (FTC) announced that it filed two lawsuits against more than a dozen individual and corporate defendants allegedly coordinated by two individuals.  In the complaints, the FTC alleges multiple violations of the FTC’s Telemarketing Sales Rule (TSR).  Specifically, the complaints allege that over a period several years, the … Continue Reading

FCC Continues TCPA Promotional Campaign

With just under one month left in Chairman Tom Wheeler’s tenure, the Federal Communications Commission (FCC) has continued to publicize the agency’s focus on enforcing and increasing awareness of the Telephone Consumer Protection Act (TCPA).  Most recently, Chairman Wheeler issued a statement on December 21, 2016 to commemorate the 25th anniversary of the TCPA, in … Continue Reading
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