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State Broadband Funding Awards Announced; Another Step Toward Universal Broadband in the U.S.

In late June, the Biden administration took the widely anticipated step of announcing initial financial award amounts made under the auspices of the Infrastructure, Investment and Jobs Act (IIJA) Broadband Equity, Access and...more

More TCPA Calling and Texting Restrictions Proposed by the FCC

At the Federal Communication Commission’s (“FCC”) June 8 Open Meeting, the Commissioners voted to adopt a new Notice of Proposed Rulemaking (“Notice”) designed to clarify and expand upon the ability of consumers to decide...more

Keeping Pace with Today’s Challenges: FCC Proposes New Data Breach Rules for CPNI

Prompted by a rapid increase in frequency, sophistication, and scale of data leaks and data breach legislation in recent years, the Federal Communications Commission (FCC) unanimously voted to kick off a proceeding aimed at...more

FCC Acts on Pending Reconsideration Petitions of its 2020 TCPA Exemptions Order

The Telephone Consumer Protection Act of 1991 (TCPA) restricts many types of calls to residential and wireless telephone numbers if they are made without the prior express consent of the called party or a statutory exemption...more

FCC Releases Declaratory Ruling Addressing the TCPA Compliance Status of Ringless Voicemails

On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (Declaratory Ruling), in which it determined that “ringless voicemail” to wireless phones requires prior consumer...more

The FCC Has Illegal and Scam Robotexting in its Sights, Proposed New Text Blocking Rules

For those regularly monitoring the FCC’s various TCPA dockets, you now have a new docket to follow: CG Docket No. 21-402. The FCC announced on September 27, 2022 that all Commissioners had voted to commence a new robotext...more

FTC Signals Intention to Move Forward to Adopt New Privacy Rules in the Absence of Federal Legislation

The Federal Trade Commission (FTC), on a split party vote on August 11, approved an Advanced Notice of Proposed Rulemaking (the Notice) that focuses on potential new rules and requirements that could apply to entities engaged...more

Proposed Federal TCPA Legislation Offers a New and Narrow ATDS Definition

On July 12, 2022, Representatives Raja Krishnamoorthi, D-Ill., and Katie Porter, D-Calif. introduced H.R. 8334 in the U.S. House of Representatives, which was referred to the Committee on Energy and Commerce. The bill would...more

FCC Acts to Curb Foreign-Originated Illegal Robocalls, Imposes Several New Requirements on Gateway Providers

Recently, on May 20, 2022, the Federal Communications Commission (“FCC”) issued a Report and Order (“Order”), as well as a Further Notice of Proposed Rulemaking (all available here), with a plain objective:  to “take further...more

“Internet for All” Notice of Funding Opportunity Released: Key Elements of NTIA’s Broadband Equity, Access, and Development...

Consistent with its implementation obligations under the 2021 Infrastructure Investment and Jobs Act (IIJA), the National Telecommunications and Information Administration (NTIA), an agency within the Department of Commerce...more

FCC Seeks Comment on HHS/CMS Request for Certainty About Communications Critical to Federal and State Health Insurance Programs...

Reacting quickly to a joint request by the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) (collectively, the Health Agencies) last Thursday, the FCC released a Public...more

FCC’s Spectrum Management Role Leads to a New Proceeding on Receiver Standards

Spectrum management in the United States is a hydra-headed challenge — there are technical, policy, political and financial dimensions to the ongoing process of identifying spectrum bands where spectrum can be reallocated or...more

Spring Roster of FCC Actions: State-Federal Partnerships, Enforcement Actions, and Reassigned Numbers Database Clarifications and...

The FCC’s TCPA dockets did not witness many developments from the beginning of 2022 until February. However, beginning in February and into March, Chairwoman Rosenworcel’s office and the Enforcement Bureau were busy...more

The Weakest Link? FCC Seeks Information on Security Vulnerabilities in Internet Routers

Over the last several years, the Federal Communications Commission (FCC) has been taking a more active role both in anticipating the need for ever greater communications network security measures necessary to counter threats...more

Department of Commerce Seeks Public Comment on a Range of Broadband Infrastructure Issues Arising from the 2021 Infrastructure...

On the eve of the U.S. Senate’s confirmation of Alan Davidson as the new Administrator of the National Telecommunications and Information Administration (NTIA), NTIA published a request for public comments on January 10,...more

FTC Staff Report on ISP Privacy Practices Paves the Way for an FTC Privacy Rulemaking in the New Year

Following up on a mandatory 2019 request for information issued by the Federal Trade Commission (FTC) to the largest Internet Service Providers (ISPs) in the United States, the FTC staff in late October issued a Report titled...more

FTC and DOC Among Agencies to Advance Initiatives in Biden Administration’s ‘Supply Chain Action Plan’

On December 1, 2021, President Joseph Biden released a statement proclaiming that, despite widely reported supply chain problems, “the actions the administration has taken in partnership with business and labor, retailers and...more

“The Number You Have Dialed Has Changed Subscriber” or the Advent of the Reassigned Numbers Database

After years of discussion and planning, the FCC’s Reassigned Numbers Database opened for commercial use on November 1, 2021. Now business callers can register for a paid subscription with the FCC’s designated Administrator,...more

US Broadband in 2021; Policies Promoting Infrastructure, Competition, National Security and Universal Access

During his presidential campaign, President Biden committed “to build back better in rural America” by “expand[ing] broadband, or wireless broadband via 5G, to every American.” Last month, President Biden renewed his focus on...more

Sixth Circuit rejects Creasy line of cases, holding TCPA claims arising between November 2015 and July 2020 are viable

The Sixth Circuit recently became the first federal court of appeals to weigh in on whether plaintiffs can bring TCPA claims for conduct occurring between November 2015 and July 2020—the respective dates on which the...more

New Petition Renewing Request for FCC Clarification of TCPA Status of “Ringless Voicemail” for “Get Out the Vote” Campaigns

The FCC recently announced a public comment period for a new Petition for Declaratory Ruling that seeks to have the FCC “clarify that delivery of a voice message directly to a voicemail box through ringless voicemail (RVM)...more

FCC Seeks to Assess a $5.1 Million TCPA Fine from Political Operatives Behind Alleged Anti-Voting Phone Calls

The Federal Communications Commission has proposed to slap a Virginia political firm and two of its principals with a $5,134,500 fine for placing over one thousand prerecorded phone calls to cell phones across the country...more

FCC TCPA Actions Mid-Year Review

After adopting orders reflecting the majority of implementation deadlines set by the TRACED Act and the Supreme Court’s highly anticipated TCPA decision interpreting the statutory definition of automatic telephone dialing...more

Business or Residential? Ambiguity Surrounding Number on Do Not Call Registry Can Defeat Class Certification

In an interesting decision from the District Court of Oregon, United States Magistrate Judge Youlee Yim You recommended granting a motion to deny class certification where uncertainty about the appropriate classification of a...more

The U.S. in the AI Era: the National Security Commission on Artificial Intelligence Releases Report Detailing Policy...

On March 1, 2021, the National Security Commission on Artificial Intelligence (NSCAI) released its 700-page Final Report (the “Report”), which presents NSCAI’s recommendations for “winning the AI era” (The Report can be...more

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