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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 released the agenda for its December Open Meeting, scheduled for December 10, 2020 on November 19, 2020, but the agency has made several changes since. The last meeting of the year will lead with a Report and Order on securing the communications supply chain that would require Eligible Telecommunications Carriers (“ETCs”) receiving federal universal service funding to remove and replace equipment and services identified as a risk to national security from their networks. The supply chain rulemaking would establish procedures and requirements for affected providers to seek reimbursement of their removal and replacement costs. The Commission will also consider a Notice of Proposed Rulemaking (“NPRM”) that would propose to modernize the marketing and importation rules for regulated equipment. Additionally, the December meeting will include an Order that would amend the invoice filing deadline rule for the E-Rate Program, which supports communications services for schools and libraries, and an Order on Reconsideration clarifying the agency’s interpretation of the Telephone Consumer Protection Act (“TCPA”), although the draft texts of these two items have not been released.

The December meeting may be the first attended by recently-confirmed Republican FCC Commissioner Nathan Simington, who will replace outgoing Commissioner Michael O’Rielly after today’s confirmation vote in the U.S. Senate. In addition, Chairman Pai recently announced that he intends to leave the FCC on Inauguration Day, January 20, 2021. As a result, the January 2021 FCC open meeting will be his last meeting before the change in administration.

You will find more details about the most significant items on the December meeting agenda after the break.…

Continue Reading FCC Wraps Up 2020 with December Meeting Focusing on Supply Chain Security and Equipment Marketing

On July 2, 2014, the FCC adopted an Intel Corporation (“Intel”) Consent Decree resolving the Commission’s investigation into Intel’s importation, operation, and marketing of prototype tablet and smartphone devices. Intel agreed to pay $144,000 to resolve the dispute and enter into a three-year compliance plan. This matter serves as a reminder to importers, manufacturers, and others to ensure that importation, demonstration, evaluation, and marketing activities occurring before radios and digital equipment are authorized under the FCC’s rules stay within the strict bounds established by those rules.

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Continue Reading Intel Enters into Consent Decree Resolving Investigation into Its Importation of Unauthorized Devices, Product Demonstration and Evaluation, and Trade Show Activities

A recently adopted Consent Decree entered into between the Enforcement Bureau (“Bureau”) and Wal-Mart.com USA leaves no doubt that retailers are advised to be aware of their regulatory responsibilities for the electronics they offer for sale, whether on their physical shelves or on their website.   Those responsibilities essentially require retailers to be the pro-active policemen of their suppliers’ compliance with the Commission’s equipment authorization rules.  In return for selling wireless microphones without equipment authorization manufactured by ne vendor and for failing to provide a consumer alert regarding conditions of operation at the point of sale for these devices as required in the Federal Communications Commission’s (FCC’s) rules, the on-line retailer agreed to pay $120,000 and submitted to a three-year compliance plan regarding the offering for sale of all radio frequency devices within the United States. …
Continue Reading Wal-Mart.com USA Consent Decree Reminder of Retailers’ Responsibilities for the Radiofrequency Devices They Sell