TCPA Update Spring 2017

This episode is the second in our 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 start off by discussing the 2015 Declaratory Ruling and Order. Second, they provide an update on the exemption from the TCPA for Federal debt collectors. Third, they examine Chairman Pai and his likely approach to robocalls. Fourth, they discuss the pending appeal of disclosure rules on "solicited" faxes and finally, they look at two recent TCPA petitions.

Unpacking the FCC’s Open Meeting: Universal Service Funds, Open Internet and More - February 2017

In February, Chairman Ajit Pai presided over his first major open meeting since becoming chairman, at which the Commission adopted items furthering the FCC’s reverse auctions for Universal Service funding and narrowing the applicability of the Open Internet Order’s transparency requirements.  In this podcast, Steve Augustino, Avonne Bell, and Brad Currier break down the key details in the FCC’s Mobility Fund Phase II order, Connect America Fund Phase II auction order, and Open Internet small business exemption order. They also discuss some of Chairman Pai’s recent process reforms in the context of the February and March open meetings. This is the first in a semi-regular series examining noteworthy actions taken at FCC open meetings.

The Month in FCC Enforcement: The Midnight Ride of Travis LeBlanc

Significant changes in FCC enforcement personnel and practices are expected after the inauguration of President Trump. This installment of Steve Augustino’s FCC Enforcement series chronicles the last actions of the FCC Enforcement Bureau led by Travis LeBlanc.

Steve’s FCC Enforcement series regularly examines developments and trends in FCC enforcement. This episode discusses cases from November 2016 through the beginning of January 2017.

Decrypting the Broadband Privacy Order

On October 27, 2016, the Federal Communications Commission adopted a Report and Order that imposes a comprehensive set of privacy and data security regulations for broadband providers and replaces the existing privacy and data security rules for all other telecommunications service providers.  The rules represent a significant departure from the Commission’s existing privacy and data security framework.  In this episode, Kelley Drye associates Avonne Bell, Jenny Wainwright and Ross Slutsky give an overview of the new rules with respect to notice, choice, and data security, and offer key takeaways for companies impacted by the rules.

Implications for FTC Jurisdiction from Ninth Circuit Decision

In late August, the Ninth Circuit ruled that AT&T was exempt from Federal Trade Commission oversight by virtue of its “status” as a common-carrier, and dismissed an FTC case against AT&T over its practice of “throttling” customers’ data usage. The FTC filed a request for en banc review by the full panel of the Ninth Circuit in mid-October. If the ruling stands, it could dramatically alter the jurisdictional boundaries between the FTC and FCC. In this episode, paralegal Matt Weinmann interviews partner John Heitmann on the decision and its possible implications.

The Month in FCC Enforcement: October 2016

With the Presidential election approaching, the Enforcement Bureau seems intent on doubling down on its legacy of aggressive, principle-based enforcement. This installment of Steve Augustino’s FCC Enforcement series features the FCC’s $48 million settlement with T-Mobile over data throttling allegations involving its mobile internet services. He also examines another unusual “admonishment” and other enforcement items from September and October.

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TCPA Quarterly - Fall 2016

This podcast is the first in what will be a regular series devoted to covering noteworthy developments relating to the Telephone Consumer Protection Act (TCPA). This series will cover decisions from the FCC and federal courts, as well as any TCPA-related activity on Capitol Hill. In this podcast, partners Steve Augustino and Alysa Hutnik and associate Jennifer Wainwright start off by discussing two recent FCC orders related to calls made by government contractors or for the purposes of collecting debts owed to the federal government. The panel then reviews a declaratory ruling issued this summer that loosened TCPA restrictions on calls placed by schools and utility companies. The podcast concludes with an overview of TCPA-related things to watch out for over the next few months.

Please help us improve Kelley Drye’s Full Spectrum podcast by taking our survey! Thank you for listening! 

Be sure to also to check out Kelley Drye's monthly TCPA Tracker.

The Month in FCC Enforcement: July/August 2016

July was a busy month for the Enforcement Bureau, bucking the cliché of a quiet summertime in Washington D.C. In this podcast, partner Steve Augustino examines five enforcement actions: an NAL issued against AT&T for E-rate violations, a consent decree with AT&T over cramming practices, an unusual “admonishment” of Momentum Telecom Inc. for failing to pay Universal Service Fund Assessments, a consent decree agreed to by Towerstream Corporation for operating wireless facilities without a license, and two NALs issued against individuals for Caller ID spoofing.

Chevron: Too Much Deference or Just Enough?

When the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s 2015 Open Internet Order in June, it extensively applied Chevron deference in its decision. The controversial case has re-ignited the debate about whether Chevron provides too much deference to federal agencies, even as they are left applying aging statutes to new technologies and situations. In this podcast, communications partner Hank Kelly and associate Jennifer Holtz talk about the Chevron doctrine, its origins, and some key public policy considerations in light of the Open Internet decision.

The Month in FCC Enforcement: June 2016

As our blog, CommLaw Monitor, has frequently covered, FCC Enforcement has been a significant and controversial area under Chairman Wheeler.  We have seen a trend toward higher profile enforcement actions, often with proposed fines in the tens of millions of dollars, and settlements with stricter terms than in the past.  In this podcast, partner Steve Augustino introduces a new monthly Kelley Drye Full Spectrum series in which we will examine two or three interesting actions recently released by the FCC.  This episode features an “Order to Pay or Show Cause” directed to LDC Telecommunications, a Consent Decree with Puerto Rico Telephone Company and America Movil involving foreign ownership restrictions, and a Consent Decree with General Communication, Inc. regarding a 911 outage.

D.C. Circuit Affirms FCC's Net Neutrality Order

On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order, which classified broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act of 1934, and imposed on providers a slate of “open Internet” and traditional common-carrier regulations. In this podcast, Jennifer Holtz and Jameson Dempsey, associates in Kelley Drye & Warren’s Communications Group, review the challenges to the FCC’s order, and unpack the decision and its reasoning. Listeners should also check out our client advisory on the decision.

“Smoking Gun”: Navigating the Scene of the FCC’s Broadband Privacy Rulemaking

In March the FCC adopted a Notice of Proposed Rulemaking to create privacy rules for broadband service providers. While the FCC and its supporters argue that these proposed rules will spur increased broadband use and investment through the “virtuous cycle,” many in the industry are concerned about overly prescriptive rules and the creation of an unfair playing field for broadband providers in the digital marketing place.  In this podcast, John Heitmann, Kelley Drye’s communications practice group chair, explains the history and motivations behind the FCC’s recent action, and walks through the proposal’s key provisions.

FCC Enforcement: A Year in Review

New Enforcement Bureau Chief, Travis LeBlanc, took the FCC by storm when he assumed his position in 2014.  In this podcast, Communications partner Steve Augustino provides a review of LeBlanc’s second year running the Enforcement Bureau.  Mr. Augustino addresses the trends in enforcement over the past year and the emergence of an unlikely critic of the FCC’s enforcement practices.  Subscribe to Kelley Drye’s Full Spectrum podcasts to keep up to date on the latest trends and topics in communications.

The Lifeline Modernization Order: What You Need to Know

In late April, the FCC released an order undertaking a sweeping overhaul of the Lifeline Universal Service phone program, expanding supported services to include broadband, and making a number of changes to the program’s administration. In this podcast Josh Guyan will walk through these changes, and what they mean for Lifeline service providers. Be sure to check back for future podcasts taking in-depth looks at particular changes to the Lifeline program.

The End of the Beginning – Apple versus the FBI

While the battle between the FBI and Apple over unlocking the iPhone of one of the San Bernardino shooters has largely subsided, the dispute is only the opening act of a larger discussion of government needs versus consumer privacy. In this podcast Steve Augustino will explain the importance of the FBI’s reliance on the All Writs Act of 1789, the potential fallout of this case, and where technology is outpacing existing privacy law. 

USAC is Going to Audit You … Now What?

If you are a telecommunications provider in the United States, you never know when you may be audited by the Universal Service Administrative Company. In this podcast Steven Augustino and Denise Smith provide an overview of Universal Service Fund audits, detail the process and timeline of an audit, and offer helpful tips to survive an audit. For more you can also listen to Kelley Drye’s 7th Annual Universal Service Update webinar, available here.

Privacy Case Study: the Cox Consent Decree

Since late 2014, the FCC has dramatically ramped up its privacy enforcement efforts, including blockbuster forfeitures and settlements with carriers large (AT&T) and small (YourTel/Terracom). In this podcast, Jameson Dempsey will provide a case study of one recent settlement, involving Cox Communications, and will place it in the broader context of the FCC’s recent privacy-related enforcement actions.

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Key Elements of the False Claims Act and its Application to Communications Companies

In this episode, Kelley Drye associate Dawn Damschen discusses the False Claims Act and its potential application to communications companies. She explains the key elements and the government’s procedures for intake, review, and prosecution of False Claims Act violations.  She also discusses recent court cases addressing the FCA’s application to the Universal Service Fund (USF) and general advice about how communications companies should respond to FCA-related agency inquiries.

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Net Neutrality: What you should be doing (other than waiting for the courts to decide)

In March of this year, the Federal Communications Commission released a Report and Order to reclassify broadband under the common carrier rules of Title II of the Communications Act. The U.S. Telecom Association, along with an array of other industry representatives, is challenging the order in the D.C. Circuit Court of Appeals. There has since been a flurry of activity as supporters and opponents of the FCC’s decision file amicus briefs in advance of oral arguments on December 4, 2015.

In this podcast John Heitmann, Chair of Kelley Drye’s Communications practice, and Jameson Dempsey, a Communications associate, will discuss the FCC’s order, on-going enforcement actions by the FCC and FTC, and the growing grey areas as regulators apply 20th century rules and legislation to 21st century business models and technology. John has over twenty years of experience representing the full range of communications providers. Jameson is a rising star in the office, and has often spoken on these and other issues.

WEBINAR: The TCPA Thicket: Making Sense of the FCC's Latest Ruling

On June 18,  the FCC approved a major TCPA Declaratory Ruling that redefined an “autodialer,” specified liability for calls to reassigned telephone numbers, provided consumers with a right to revoke consent via any reasonable means and established new exceptions for financial and healthcare related calls, among other things.  With the order’s release on Friday, July 10, industry participants can finally begin to evaluate the implications of the FCC’s rulings on their ability to text or call customers and potential customers.  In this podcast  Kelley Drye’s TCPA Practice and Government Affairs attorneys will discuss the rulings, the prospects for appeals, and potential legislative responses to the FCC action.