Sizing up the FCC in 2021

The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode, Communications Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational and policy changes under the next administration. The conversation features the future of the digital divide, the race to 5G, Section 230, anti-robocall activities, and more. Look out for post-election coverage from Kelley Drye’s Communications and GRPP groups.

FCC Enforcement Update, Episode 15: Breaking Barriers

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Special Counsel Brad Currier feature a “decision of the month” illustrating key FCC enforcement trends. For September, they cover the proposed fine against BarrierFree, where the FCC took a hard look at broadband reporting requirements and the continuing violation theory. Steve and Brad discuss why all providers should pay attention to the BarrierFree decision and offer lessons for providers and other entities with FCC reporting obligations. Steve and Brad also briefly recap the summer in FCC enforcement and effects of the COVID-19 pandemic on FCC enforcement.

The Illinois Biometric Privacy Act - What are the Costs and Risks to Your Business?

Earlier this year, Facebook agreed to pay $550 million to settle an Illinois class action alleging that the company collected facial recognition data of users without disclosure, in violation of the state’s 2008 Biometric Information Privacy Act (BIPA). That large of a payment grabbed attention of both companies and the plaintiffs’ bar. In this episode, Special Counsel Mike Dover and Senior Associate Janine Fletcher-Thomas discuss biometric privacy rights with a special focus on Illinois’ BIPA, which is the only law in the country that allows individuals and classes to bring a private lawsuit for violations without actual injury, spawning a huge wave of litigation. With the use of biometrics increasing, Janine and Mike explain the basics of the law, how it may affect your business, recent class actions, what companies should be doing now to protect themselves, and what to expect in the future.

A Closer Look at the FCC’s COVID-19 Telehealth Program

On April 2, 2020, the FCC issued a Report and Order establishing the COVID-19 Telehealth Program. The program will provide $200 million in funding, appropriated by Congress as part of the CARES Act, to help health care providers provide connected care services to patients at their homes or mobile locations. In this episode, Partner John Heitmann and Special Counsel Denise Smith discuss healthcare provider eligibility criteria, funding coverage, and key application considerations. They also provide an update on awards granted. At the time of the recording, the FCC had awarded a total 104.98 million dollars over nine funding rounds, to 305 health care providers. This podcast follows April 28th webinar, a recording of which is available here.

COVID-19 Related Bankruptcies: How Can Communications Service Providers Prepare?

With the COVID-19 economic disruptions and Chairman Pai’s Keep Americans Connected Pledge, planning for the possibility of telecom customers filing for bankruptcy takes on increased importance. In this episode, we provide an overview of the bankruptcy process and the rights and responsibilities of communications service providers when their customers enter into bankruptcy protection. Communications Partner Steve Augustino is joined by Partner Jason Adams and Associate Meaghan McLoughlin from Kelley Drye’s Bankruptcy practice group to give service providers the essential information they need to know to protect themselves before a bankruptcy petition is filed. In addition, they discuss the unique issues the Keep Americans Connected Pledge creates in a bankruptcy proceeding involving an affected customer.

Inside the TCPA, Episode 6: Rethinking Enforcement

In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Senior Associate Brad Currier take a closer look at shifting strategies to provide effective enforcement of TCPA violations. Unlike TCPA actions of the past, which focused primarily on the entity that is placing the call, these new TCPA actions rely upon new approaches to enforcement, involving both new targets and new enforcers. Steve and Brad discuss how the government (importantly, not just the FCC) is looking “up the chain” in enforcement matters to target service providers who allegedly assist unlawful robocalling and spoofing practices. The theories used are different and involve varying degrees of allegedly culpable conduct, but the significance is in WHO the government is targeting, and HOW the government is seeking to modify behavior. If this approach continues, service providers may face new risks and may need new compliance strategies.

Tuning into Spectrum, Episode 4: C-Band Reform

Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Following their recent episode on the FCC’s C-Band Proceeding addressing use of the 3.7-4.2 GHz spectrum range, Partners Chip Yorkgitis and Josh Guyan are back to discuss the recently released draft Report and Order, which is expected to be adopted at the FCC's February 28th meeting. The Order would transition the use of the C-Band to make the 280 megahertz from 3.7 – 3.98 GHz available for flexible use through an auction to be held this year.

Tuning into Spectrum, Episode 3: C-Band Update

Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Recently, in a letter to Senator Kennedy (R-LA), Chairman Pai stated that he intends to conduct a public auction of the 3.7-4.2 GHz spectrum range (commonly referred to as the C-Band) that would clear 280 megahertz for flexible use to be allocated by auction and allot 20 megahertz to a guard band. In this episode, Associate Avonne Bell and Partners Chip Yorkgitis and Josh Guyan discuss the issues that remain unresolved, including the impact on satellite operators and MVPDs, technical issues, a possible transition to fiber in some areas, and C-Band-related legislation.

After this podcast was recorded, FCC Chairman Ajit Pai indicated his intention to include a C-band item on the agenda for the FCC’s next Open Meeting on February 28, 2020.

IoT Security: NIST Spotlight

From smart homes and self-driving vehicles to drones and healthcare monitoring, Internet of Things (IoT) capabilities are a hot topic for both manufacturers and consumers. This episode spotlights one of the key areas for everyone involved – maintaining security of IoT devices. Partners John Heitmann and Steve Augustino discuss cybersecurity developments, like the National Institute of Standards and Technology’s (NIST) baseline recommendations for securable devices. John and Steve describe how NIST has taken the lead in this area and what the current recommendations might mean for future regulation.

Happy International Podcast Day

In honor of International Podcast Day, Full Spectrum is highlighting our recurring series and most popular episodes. Thank you for listening!

FCC Enforcement Update

Partner Steve Augustino and Senior Associate Brad Currier recap and analyze recent developments in FCC enforcement

Tuning into Spectrum

Kelley Drye attorneys take a close look at hot topics and issues in radio spectrum

Inside the TCPA

Kelley Drye attorneys offer a deeper focus on TCPA issues and petitions pending before the FCC

Top Episodes:

FCC Enforcement Update, Episode 12: 2018 Year in Review (Part 2)

Net Neutrality

Inside the TCPA, Episode 5: Call Blocking and Call Authentication

FCC Enforcement Update, Episode 13: Bureau Insights

Follow the Signs: Navigating the FCC’s LED Initiative

Also, be sure to check out our friends at the Ad Law Access Podcast.

FCC Enforcement Update, Episode 14

In this two-part edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier highlight a recent trend and cover some of the most interesting late-summer enforcement items.

Part one of this episode focuses on the significance and implications of Commissioner-led investigations, such as Commissioner O’Rielly regarding E-Rate overbuilding, Commissioner Carr regarding use of educational broadband services (EBS) spectrum, and Commissioner Rosenworcel regarding the sale of customer location information by the major nationwide carriers.

Part two focuses on the recent flurry of enforcement items, including the first pure “cramming” action of Rosemary Harold’s tenure as Chief of the Enforcement Bureau, a Consent Decree violation, and the alleged misuse of emergency alert tones by CBS, ABC, AMC Networks, and Discovery.

FCC Enforcement Update, Episode 13: Bureau Insights

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier provide their takeaways from a recent Federal Communications Bar Association event featuring FCC Enforcement Bureau Chief Rosemary Harold and her deputies. The event provided insights on the Bureau’s key enforcement focus areas not available from the FCC’s public releases, including developments involving the Bureau's new Fraud Division, robocalling enforcement, and more “bread and butter” unauthorized operations issues. Steve and Brad also discuss some best practice tips provided by the Bureau Chief and her staff related to self-disclosures of violations and the use of tolling agreements in complex investigations. The event shows that there still is much to talk about on FCC enforcement, even in the dog days of summer.

Inside the TCPA, Episode 5: Call Blocking and Call Authentication

“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode tackles 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 Chris Laughlin discuss the FCC’s efforts to reduce the volume of illegal robocalls. Steve and Chris refresh the audience on illegally spoofed calls and discuss the FCC’s efforts to urge carriers to implement call blocking and call authentication techniques, including the SHAKEN/STIR framework.

Tuning into Spectrum, Episode 2: Aiming Higher

Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Thanks to technological advancements, a major development in recent years has been the growing prospects for innovative use of higher spectrum bands. In this episode, Associate Avonne Bell talks with Partners Chip Yorkgitis and Josh Guyan about the FCC’s heightened focus on millimeter wave spectrum. They discuss the connection to 5G, potential impacts on federal meteorological and passive services, the use of an incentive auction in a new setting, innovative proposals for spectrum access, and more. Look out for additional spectrum updates in the coming months in this continuously evolving environment.

Follow the Signs: Navigating the FCC’s LED Initiative

In February 2019, the FCC issued an Enforcement Advisory warning marketers of LED signs that their products must be authorized, properly labeled, and contain the required user disclosures before being marketed in the United States. The Enforcement Advisory followed a slew of enforcement actions in 2018 totaling hundreds of thousands of dollars in penalties against importers and retailers of LED signs for violations of the FCC’s equipment marketing rules. In this special edition of Full Spectrum’s enforcement series, Partner Steve Augustino and Associate Brad Currier do a deep dive on the FCC’s LED sign enforcement initiative, breaking down the FCC’s equipment authorization rules, how they apply to LED signs, and what importers, retailers, and others in the LED sign supply chain need to do now in order to avoid FCC enforcement action later.

Click here to access supplemental materials.

FCC Enforcement Update, Episode 12: 2018 Year in Review (Part 2)

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier finish their recap of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part two of this episode features a deeper dive into FCC enforcement trends on revocation of authority and inability to pay claims, and takes a close look at the FCC’s expanded robocalling enforcement.

This episode builds on the discussion in part one, where Steve and Brad provided an overview of major 2018 enforcement actions and a breakdown of the FCC's use of settlements to encourage adoption of industry best practices.

FCC Enforcement Update, Episode 12: 2018 Year in Review (Part 1)

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part one of this episode focuses on the big picture in 2018 and the FCC's use of non-monetary tools to encourage adoption of industry best practices.

After criticizing the prior administration for policymaking through enforcement and imposing excessive fines, Chairman Pai’s FCC promised a return to “by-the-books” enforcement based on existing rules. Pai’s Enforcement Bureau has largely delivered on that promise. However, Chairman Pai did not entirely refrain from pushing the boundaries of the FCC's authority in high-profile enforcement items to advance his policy priorities.

Dropping next week is part two of the 2018 Year in Review in which Steve and Brad take a deeper dive into the enforcement actions, with a focus on recent trends in how the FCC issues fines and its actions to combat robocalls.

Inside the TCPA, Episode 4: FCC Enforcement and the Policy Puzzle

The FCC has now proposed, or imposed, over $200 million in fines for unlawful caller ID spoofing and TCPA violations. In this edition of “Inside the TCPA,” Partner Steve Augustino and Associate Brad Currier discuss how enforcement fits in as part of the overall FCC TCPA policy strategy. This discussion features an overview of recent enforcement actions, including those against Best Insurance Contracts/Philip Roesel and Affordable Enterprises of Arizona. Steve and Brad also explain the difference between spoofing and TCPA violations as they look at trends and possible next steps for the FCC.

Conference Wrap-Up: 8th Annual SHLB Conference

In this new series, our attorneys will provide a recap of recent industry conferences and their takeaways. This episode focuses on the 8th Annual SHLB Conference “Building the Future Bit x Bit” which took place October 10th-12th. The two and a half day conference attracted more attendees than any other year. Partner Josh Guyan attended with Partner Steve Augustino, who moderated the “E-Rate Service Provider Toolkit” panel at the event. Josh and Steve talk about key issues in E-Rate and rural healthcare, interesting panels, the Schools Health & Libraries Broadband Coalition in general, and more.

FCC Enforcement Update, Episode 11: Perils for the Unwary

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier address the legal dangers facing entities that may be unfamiliar with telecommunications regulation. Steve and Brad focus on a multi-million dollar DOJ fraud prosecution involving the E-rate fund and a settlement of inadvertent transfers of FCC licenses occurring as a result of a transaction between two entities that are not traditionally seen as communications entities (in this case, two hospitality companies). They also look ahead to two enforcement items on the agenda for the FCC’s September 26, 2018 Open Meeting.