Kelley Drye Full Spectrum: Recent Episodes
Kelley Drye Communications Practice
In this episode of Full Spectrum, Kelley Drye’s Communications team provides a detailed “First Take” on the Federal Communications Commission’s July 24, 2025 Open Meeting.Special Counsel Mike Dover is joined by partners Chip Yorkgitis and Hank Kelly, and senior associates Jennifer Wainwright and Winafred Brantl, to break down the Commission’s major actions and rulemakings, including:• A multi-part Report and Order on pole attachments that introduces new application timelines, advance notice requirements, meet-and-confer obligations, and expanded self-help rights for attachers• Updates to designated entity eligibility rules ahead of the AWS-3 spectrum auction (Auction 113), including revised bidding credits for small and rural service providers• A direct final rule eliminating 11 outdated regulations—such as rules for analog TV, payphones, and telegraphs—while outlining a broader FCC strategy to streamline future rulemaking• A Notice of Proposed Rulemaking (NPRM) to modernize rules for network transitions, including proposals to reduce or eliminate certain network change disclosures and streamline Section 214 discontinuance processes• Another NPRM revisiting the FCC’s slamming, cramming, and truth-in-billing rules, asking whether current protections are still necessary and proposing a simplified, unified frameworkThe episode also touches on broader themes like AI-driven fraud, transparency in billing, and the agency’s increased use of the Administrative Procedure Act’s direct final rule mechanism.Whether you work in broadband, wireless, telecom, or policy, this recap offers a sharp, practical rundown of where FCC priorities are headed next.
On today’s episode of Full Spectrum, Special Counsel Mike Dover provides our “First Take” on the Federal Communications Commission’s June 26, 2025 Open Meeting and other recent developments.Mike begins with an update on notable changes at the Commission, following the resignations of Commissioners Starks and Simington and the swift Senate confirmation of Republican Commissioner Trusty, who joined the FCC for the June meeting.He then discusses three major items adopted at the June Open Meeting:• A Report and Order streamlining cable television rate regulations and compliance requirements, eliminating outdated forms, methodologies, and certain equipment rules in line with the FCC’s "Delete, Delete, Delete" initiative.• A Fifth Report and Order removing the professional engineering certification requirement for biannual Broadband Data Collection filings, instead permitting certification by qualified engineers with specific credentials or experience.• A Notice of Proposed Rulemaking proposing to eliminate FCC rule references that require telecommunications relay service providers to support the rarely used ASCII text telephony format, seeking comments on the proposal.Mike also notes the Supreme Court’s June 27 decision upholding the constitutionality of the Federal Universal Service Fund (USF) contribution mechanism, ensuring its continued operation under existing law.For those interested in the details of these actions and their implications for the communications industry, tune in for this concise overview of the FCC’s June proceedings.
On today’s episode of Full Spectrum, the Kelley Drye Communications team will be covering October 2024 FCC Open Meeting . First, senior associate Jenny Wainwright will discuss the Commission's adoption of a Report and Order related to hearing aid compatibility requirements for wireless handsets (1:25). Special counsel Mike Dover will cover the Commission's adoption of a Third Report and Order and Third Further Notice of Proposed Rulemaking related to georouting 988 lifeline calls (14:10). Finally, partner Chip Yorkgitis is discussing three spectrum items outside of the meeting (23:25).
On this episode of Full Spectrum, partner Chip Yorkgitis is going to give an overview of two items adopted by the FCC in late September. The first is a Report and Order that the Commission adopted at its open meeting on September 26 to allow non-geostationary satellite orbit space stations to conduct fixed satellite service downlink operations on a co-primary basis with existing users in the 17.3-17.8 GHz band. The second item he’ll discuss is a First Report and Order that the Commission adopted two days prior to the meeting to modify the rules for FM terrestrial digital audio broadcasting systems.
On this episode, special counsel Mike Dover and senior associate Jenny Wainwright discuss some of the key points from two items released by the FCC on August 29. The first is the FCC’s latest action in the 5G Fund proceeding. The second is related to new rules to enable drone operations in the 5 GHz band.
On today’s episode of Full Spectrum, we’ll be giving our first take of the items approved by the FCC commissioners at the agency’s August 2024 open meeting. First, senior associate Jenny Wainwright will give an overview of an action by the FCC to propose specific disclosures for robocalls and robotexts involving the use of artificial intelligence (00:30). Then, special counsel Mike Dover will cover the other item approved by the commission, a Notice of Proposed Rulemaking for updates to the robocall mitigation database (06:55).
On today’s episode of Full Spectrum, the Kelley Drye Communications group covers a number of Report and Orders and Further Notice of Proposed Rulemakings covered at the FCC’s July Open Meeting. First, Tom Cohen will discuss bringing common sense and fairness to correctional facility phone rates (00:33). Jenny Wainwright will then discuss modernizing E-Rate to support wi-fi hotspots (08:54). Mike Dover will discuss accessibility of user interfaces, and video programming guides and menus (15:28). Chip Yorkgitis will discuss promoting consumer choice and wireless competition through handset unlocking requirements and policies (24:18). Finally, Hank Kelly will discuss advancing the transition to next generation 911 (29:54).
On this episode of Full Spectrum, we discuss two items adopted by the Federal Communications Commission at its May 2024 Open Meeting. First, partner Chip Yorkgitis summarizes the proposed rules to strengthen the FCC’s oversight of telecommunications certification bodies and test labs that are recognized by the FCC to participate in the FCC’s equipment authorization program (0:01:24). Next, partner Hank Kelly discusses two Notices of Apparent Liability stemming from a high-profile robocalling campaign involving AI-generated deepfake voice messages that took place ahead of the 2024 Democratic Presidential Primary Election in New Hampshire (0:13:36).
On this episode of Full Spectrum, we discuss the FCC's decision at its May 2024 Open Meeting to reclassify broadband Internet access service (“BIAS”) from a lightly regulated information service to a telecommunications service regulated under Title II of the Communications Act, as well as adopt bright line net neutrality rules for BIAS providers. During the episode, you'll hear from partners Tom Cohen, Chip Yorkgitis, and Hank Kelly, special counsel Mike Dover, and senior associates Jenny Wainwright and Winafred Brantl.
On this episode of Full Spectrum the Kelley Drye Communications team will be providing summaries of several of the items adopted by the FCC at its most recent open meeting on March 14th. Chip Yorkgitis, partner, will be discussing a number of rules the Commission adopted to create a voluntary cybersecurity labeling program for wireless consumer Internet of Things (IOT) products (0:01:47). Next, Mike Dover, special counsel, will discuss new requirements for cable and satellite TV providers to provide “all-in” pricing information for their video programming services (0:20:17). Third, Jenny Wainwright, senior associate, will be talking about the FCC’s findings following its most recent inquiry into whether advanced telecommunications capability (essentially broadband) is being deployed across the country in a reasonable and timely fashion (0:31:15). Finally, Chip will wrap up by going over some rules and proposals by the FCC aimed at enhancing network coverage for consumer handsets through better coordination between satellite and terrestrial networks (0:36:58).
On this episode of Full Spectrum, partner Chip Yorkgitis, special counsel Mike Dover, and senior associate Jenny Wainwright provide an overview of four items adopted by the FCC at its most recent open meeting on February 15, 2024. First, Mike discusses a Notice of Proposed Rulemaking aimed at expanding accessibility of the emergency alert system (EAS) by facilitating dissemination of alerts in languages other than English (0:01:30). Second, Chip summarizes a Report and Order adopting rule changes that permit operations by Wireless Multichannel Audio Systems (WMAS), a new wireless microphone technology, in broadcast television and other Part 74 low-power auxiliary station frequency bands, as well as on an unlicensed basis (0:12:38). Third, Jenny outlines a Report and Order and Further Notice of Proposed Rulemaking to change robocall and robotext rules, specifically related to revocation of consent, pursuant to the Telephone Consumer Protection Act (TCPA) (0:26:10). Finally, Chip discusses a Notice of Proposed Rulemaking for licensing space stations engaged in in-space servicing, assembly, and manufacturing (ISAM) activities (0:37:43).
In this episode of Full Spectrum, partner Tom Cohen discusses the recently held FCC Open Meeting, including a Report and Order and Further Notice of Proposed Rulemaking to establish a framework to facilitate equal access to broadband internet access service by preventing digital discrimination of access.
On this episode of Full Spectrum partners Tom Cohen and Chip Yorkgitis discuss the Notice of Proposed Rule Making adopted by the Commission at its October 19 Open Meeting in its newly-commenced Open Internet (or Net Neutrality) proceeding proposing to reclassify broadband Internet access service (“BIAS”) from a lightly regulated information service to a telecommunications service regulated under Title II of the Communications Act (01:19). The Commission’s Notice proposes to adopt Open Internet rules that are very similar to those previously imposed in 2015 and largely rescinded in 2017. Additionally, Chip discusses a Second Report and Order adopted at the Open Meeting (but only released on November 1) that expands unlicensed use in the 6 GHz Band in the face of opposition from licensed incumbents by permitting very low power devices to operate in two sub-bands both indoors and outdoors, and both fixed and mobile (15:30). He also explains that the Commission continues to consider other proposals to expand unlicensed power and flexibility – both from a 2020 Further Notice of Proposed Rulemaking and a Second Further Notice of Proposed Rulemaking that accompanies the Second Report and Order. Finally, Tom and Chip give a brief preview of the Digital Discrimination item that is on the Commission’s tentative agenda for its November 15 Open Meeting (35:25).
On today’s episode of Full Spectrum, the Kelley Drye Communications teams will discuss a number of developments from the September FCC Open Meeting. First, Tom Cohen will briefly discuss the impact of a full Commission on the heels of an election cycle. Chip Yorkgitis (3:20) will follow up to discuss two Report and Orders related to satellite and space launches. Hank Kelly (21:02) will discuss the changes the Commission made to address direct access to numbers by interconnected VoIP providers. Finally, Mike Dover (31:18) will discuss the Notice of Proposed Rule Making establishing a 5G fund for rural America.
On today’s episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC’s August 3, 2023, Open Meeting. First (1:04), partner Chip Yorkgitis covers a Notice of Inquiry that initiates a mostly technical inquiry into how to measure non-Federal spectrum usage as a prelude to future spectrum management decisions. Second (10:19), special counsel Mike Dover covers a Sixth Report and Order which implements the Affordable Connectivity Program (ACP) high-cost area benefit.
On today’s episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC’s May 18, 2023 Open Meeting. First, (1:00) partner Chip Yorkgitis will cover a Notice of Proposed Rulemaking that would explore how spectrum in the 42 GHz band might be made available through one of several spectrum access models which have the potential to provide solutions in this evolving space. Second, (15:12) special counsel Michael Dover will cover a Report and Order, NPRM, and Order concerning accessibility for video conferencing services and providing guidance relating to the definition of “interoperable video conferencing service” under the Twenty-First Century Video Accessibility Act.
On today’s episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC’s May 18, 2023 Open Meeting. First (01:00), Partner Chip Yorkgitis discusses the Commission’s Report and Order expanding unlicensed uses in the 60 GHz band (57-71 GHz). Chip also (08:34) summarizes the Commission’s Report and Order declining to adopt rules to enable terrestrial mobile service in the 12.2-12.7 GHz Band and a related Further NPRM which will consider liberalizing licensed terrestrial fixed service rules in the band, and introducing unlicensed applications for the first time in this frequency range. Next (21:12), Special Counsel, Michael Dover, discusses Commission’s proposals relating to use of the 12.7-13.25 GHz Band for mobile broadband and other expanded services in a new rulemaking. Finally (31:20), Partner Hank Kelly examines the Commission’s Order, Further Notice, and Notice of Inquiry that would expand the Commission’s efforts relating to call blocking requirements to promote robocall mitigation.
On today’s episode of Full Spectrum, we continue our coverage of the Federal Communications Commission’s April Open Meeting. Specifically, Partner Chip Yorkgitis will provide an overview of the FCC’s adoption of a Policy Statement addressing spectrum management principles that will guide the Commission in future spectrum proceedings (01:50). He will also summarize a Report and Order and Further Notice of proposed Rulemaking regarding the sharing of spectrum by non-geostationary satellite constellations (12:07).On the prior episode, we discussed two items adopted by the FCC at the Open Meeting: one, the FCC’s proposed changes to the International Section 214 authorization regime applicable to providers of telecommunications services between the U.S. and other countries and, two, Commission proposals relating to expanded accessibility and transparency in the Wireless Emergency Alert program.
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients.On today’s episode of Full Spectrum, Senior Associate Winafred Brantl discusses the Commission's proposed significant changes to the International Section 214 regime (1:11.515). Responding to growing concerns regarding undisclosed foreign ownership of international Section 214 carriers, the FCC will conduct a one-time data collection from all international Section 214 authorization holders and has proposed a requirement for periodic renewals or reviews of international Section 214 authorizations as well. At the same time, the FCC proposes to expand the scope of information required in any international Section 214 application and to implement recurring update filing requirements. In addition, Special Counsel Mike Dover discusses the Commission's proposals relating to expanded accessibility and transparency in the Wireless Emergency Alert program (15:36.614).Subscribe for ongoing coverage of these topics and future FCC Open Meetings.
On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s March 16th Open Meeting. First, partner Hank Kelly discusses (0:00:58) the FCC’s adoption of a Report and Order and Further Notice of Proposed Rulemaking that addresses a gap in the STIR/SHAKEN caller ID authentication regime, expands robocall mitigation requirements for all providers, adopts more robust enforcement tools, and seeks comment on additional steps to further enhance the effectiveness of the STIR/SHAKEN framework. Hank Kelly also addresses (0:09:33) the FCC’s adoption of a Report and Order requiring providers to block texts purporting to be from numbers on a reasonable Do-Not-Originate list and requiring a single point of contact for text message blocking complaints, as well as its request for comments on additional proposals to require further blocking of illegal robotexts, expand Do-Not-Call protections to robotexts, and protect consumers from getting robotexts and robocalls from multiple, unexpected callers when they provide their consent on websites for comparison shopping. Second, special counsel Mike Dover will cover (0:16:35) the FCC’s issuance of a Further Notice of Proposed Rulemaking which proposes to expand audio description requirements to additional market areas to ensure that a greater number of individuals who are blind or visually impaired can be connected, informed, and entertained by television programming.In addition, in the next episode of the Full Spectrum podcast, partner Chip Yorkgitis will cover the FCC’s initiation of a rulemaking in the March Open Meeting to consider establishing an innovative regulatory framework to facilitate the integration of satellite and terrestrial networks and technologies in select flexible-use spectrum bands meeting proposed criteria (between 600 and 2360 MHz) to serve commercial mobile end-user devices, what the FCC calls Supplemental Coverage from Space (“SCS”). This initiative builds on experience obtained from the grant in recent years of several ad hoc experimental licenses and other authorizations which have demonstrated the potential for interoperability between satellite and mobile services. The implementation of SCS would require several changes to the table of frequency allocations, and leverage existing spectrum lease, earth stations in motion, and other rule sets, with appropriate modifications. Chip will also address the FCC’s recent adoption of a Report and Order (prior to the Open Meeting) to bring up to date the Commission’s equipment authorization framework. Specifically, the Commission incorporated into Parts 2 and 15 of its regulations four standards established in recent years by standards-setting bodies that cover higher frequency bands, better accommodate testing of larger unintentional radiators, and otherwise update current measurement methods recognized by the rules.
This week on the Full Spectrum podcast, Communications partner Chip Yorkgitis discusses the FCC’s recent Notice of Proposed Ruling on Unmanned Aircraft Systems (0:51:-15:16), and Privacy partner Aaron Burstein discusses the recent NPRM on data security (15:17-26:49). (At the time of recording, the UAS NPRM had not yet been published in the Federal Register establishing comment deadlines. Publication occurred on February 7, 2023, setting a comment due date of March 9, 2023, and a reply comment due date of April 10, 2023.)
On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s December Open Meeting. First, partner Mike Dover discusses Broadband disclosures and ACP data collection (1:27.057-19:07.750). Following Mike, partner Tom Cohen discusses a Notice of Proposed Rulemaking that would take the next step in the Commission’s efforts to promote equal access to broadband by seeking comment on potential rules to address digital discrimination of access to broadband, consistent with Congress’s direction in the Infrastructure Investment and Jobs Act (19:07.750-26:11.750). Then, Partner Chip Yorkgitis covers a Notice of Proposed Rulemaking seeking comment on changes to its rules, policies, or practices to facilitate the acceptance for filing of satellite and earth station applications under Part 25 to help Commission processing stay apace with the number of innovative satellite applications in the new space age (26:11.750-33:36.364). Next, Partner Hank Kelly discusses a proposal to require wireless carriers and covered text providers to implement location-based routing on their networks in order to reduce misrouting of wireless 911 calls and texts and improve emergency response times (33:36.364-39:42.098). Finally, Mike Dover covers a proposal regarding the Telecommunications Relay Services (TRS) Fund compensation for Internet Protocol Captioned Telephone Service (IP CTS), propose a technical amendment to the compensation formula for Internet Protocol Relay Service (IP Relay), and resolve petitions for reconsideration of a prior order setting IP CTS compensation (39:42.098-End).
On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s October Open Meeting. First, partner Chip Yorkgitis discusses the Commission’s adoption of a Notice of Inquiry to explore the potential restructuring of the 12.7 GHz Band to accommodate the introduction of Next-Generation and other mobile Wireless Services (1:15-13:39). Following Chip, partner Hank Kelly discusses Caller ID Authentication on Non-IP Networks (13:45-26:23). Finally, special counsel Mike Dover covers the FCC’s consideration of a Notice of Proposed Rulemaking to strengthen the operational readiness of the Emergency Alert System and Wireless Emergency Alerts (26:33-47:13).
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients.
This month, Special Counsel Mike Dover discusses the Commission’s Report and Order modifying the clarity and accessibility of Emergency Alert System (EAS) messages to the public to make alerts more accessible to the public, including for persons who are deaf or hard of hearing. (1:00).
Partner Chip Yorkgitis discusses the Commission’s Second Report and Order addressing mitigation of orbital debris that adopts rules requiring low-Earth orbit space station operators planning disposal of their satellites after the end of mission through uncontrolled atmospheric re-entry, absent a waiver or applicable grandfathering, to complete disposal as soon as practicable and, in any event, within five years. (16:40)
Subscribe for ongoing coverage of these topics and future FCC Open Meetings. The next FCC Open Meeting is slated for October 27, 2022.
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients.
This month, Special Counsel Mike Dover discusses the establishment of the Affordable Connectivity Outreach Grant Program to provide eligible governmental and non-governmental entities funding to conduct outreach to increase awareness of and encourage participation in the Affordable Connectivity Program among eligible low-income households (0:47) and the consideration of a Third Report and Order which would establish the one-year Your Home, Your Internet Pilot Program with the goal of increasing awareness of the Affordable Connectivity Program among recipients of federal housing assistance and facilitating enrollment in the ACP by providing targeted assistance with the ACP application (10:50).
Partner Chip Yorkgitis discusses several space-oriented items, including a report and order and further notice of proposed rulemaking concerning rules for the 17 GHz frequency band to support more intensive satellite use of the spectrum (18:18) and the adoption of a Notice of Inquiry that would examine opportunities and challenges of in-space servicing, assembly, and manufacturing – or “ISAM” – that can support sustained economic activity in space (29:31).
Subscribe for ongoing coverage of these topics and future FCC Open Meetings. The next FCC Open Meeting is slated for September 29, 2022.
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen and Hank Kelly and Special Counsel Mike Dover discuss key actions and topics from the July 14th meeting, including the Report and Order and Second Further Notice of Proposed Rulemaking on an enhanced competition incentive program for wireless radio services, Further Notice of Proposed Rulemaking updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage (7:40), and the Notice of Inquiry on supporting survivors of domestic and sexual violence (16:50).
Subscribe for ongoing coverage of these topics and future meetings.
This is part two of a two-part episode
On May 13th, the National Telecommunications and Information Administration (NTIA) released three Notices of Funding Opportunity to implement major broadband deployment, adoption, and equity programs where approximately $45 billion in Infrastructure Act funding will be awarded. In this episode, Partner Tom Cohen and Special Counsel Mike Dover provide a brief overview of each program and the potential opportunities.
This is part one of a two-part episode
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Chip Yorkgitis, and Hank Kelly discuss key actions and topics from the June 8th meeting, including (1:45) a Notice of Inquiry related to facilitating access to spectrum for offshore uses, (6:23) a Public Notice aimed at improving wireless 911 call routing, and(18:40) a previously adopted Notice of Proposed Rulemaking seeking comment on Affordable Connectivity Program data collection.
Subscribe for ongoing coverage of these topics and future meetings.
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen and Hank Kelly and Special Counsel Mike Dover discuss key actions and topics from the May 19th meeting, including (00:53) a number of actions addressing foreign-originated and other illegal robocalls, (15:00) a proposal by the A-CAM Broadband Coalition to expand broadband service, and (26:40) a possible update to rules providing priority provision and restoration of service for national security and emergency response users. Look out for ongoing coverage of these topics and future meetings.
Full Spectrum’s FCC Open Meeting Recaps feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partner Chip Yorkgitis and Associate Belen Crisp discuss key actions and topics from the April 21st meeting, including (1:00) a look at the role receiver performance policies or requirements might play in the FCC’s spectrum management responsibilities, (11:05) strengthening Wireless Emergency Alerts, and (16:01) a proposed fine related to a common carrier’s alleged failure to comply with foreign ownership-related requirements. Look out for ongoing coverage of these topics and future meetings.
Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th meeting, including digital discrimination, pole replacement disputes, and the Connected Care Pilot Program.
Look out for ongoing coverage of these topics and future meetings on this feed and on our blog, www.commlawmonitor.com.
In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin provide an update on the new FCC requirement for voice service providers to develop and implement robocall mitigation programs. Building on their Episode 7 discussion of the STIR/SHAKEN framework, Steve and Chris discuss when providers need to implement mitigation programs and what needs to be included. They also offer recommendations for customizing a program to fit a provider’s needs and how to build a program that is both effective and manageable.
STIR/SHAKEN Advisory: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/KelleyDrye-STIR_SHAKEN-Advisory.pdf
Robocall Mitigation Plan Checklist: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/KelleyDrye-Robocall-Mitigation-Plan-Checklist.pdf
On December 8, 2020, the Supreme Court will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system (ATDS). In this latest episode of the Inside the TCPA series, Partners Steve Augustino and Paul A. Rosenthal set the stage for the case and discuss the FCC actions leading up to the current status of the ATDS definition. In the second part of this podcast, originally recorded for Kelley Drye’s Ad Law Access podcast (https://soundcloud.com/adlawaccess), Paul does a deeper dive into Facebook v. Duguid and its implications.
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In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers, including what might be ahead 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.
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.
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.
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: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-and-Beyond-How-to-Connect-to-New-FCC-Tele.
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.
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.
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.
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.
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.
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier cover a flurry of interesting enforcement items released late this summer. These include the first pure “cramming” action of Rosemary Harold’s tenure as Chief of the Enforcement Bureau, a Consent Decree violation, and more actions for causing interference to licensed operations. Steve and Brad also discuss recent high-profile enforcement actions stemming from the alleged misuse of emergency alert tones by CBS, ABC, AMC Networks, and Discovery.
CenturyLink Settlement: https://www.fcc.gov/document/fcc-reaches-550000-cramming-settlement-centurylink-0
Cumulus Fine: https://www.fcc.gov/document/fcc-proposes-233000-fine-against-cumulus-media
Interference Advisory: https://docs.fcc.gov/public/attachments/DA-19-807A1.pdf
Proposed CBS Fine: https://www.fcc.gov/document/fcc-proposes-272000-fine-cbs-misuse-emergency-alert-tone
ABC Settlement: https://www.fcc.gov/document/eb-reaches-settlement-abc-wea-tone-misuse
AMC Settlement: https://www.fcc.gov/document/fcc-enforcement-bureau-reaches-settlement-amc-eas-tone-misuse
Discovery Settlement: https://www.fcc.gov/document/eb-reaches-settlement-discovery-wea-tone-misuse
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier highlight a recent trend of FCC Commissioner taking enforcement matters into their own hands by launching investigations. While Commissioners have long used their position to bring attention to potential enforcement issues, they have recently begun directly targeting entities with detailed inquiries. Recent examples include 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. Steve and Brad cover all of these investigations while discussing the significance and implications of this new approach.
Rosenworcel Letters: https://docs.fcc.gov/public/attachments/DOC-357278A2.pdf
O'Rielly Letter: https://www.fcc.gov/document/comm-orielly-letter-superintendent-clay-cochise-county-schools
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” 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.
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.
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.
Enforcement Advisory: https://docs.fcc.gov/public/attachments/DA-19-90A1.pdf
Supplemental Materials: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/Microsoft-Word-LED-Enforcement-Podcast-Chart-v1.pdf
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.
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.
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.
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 health care, interesting panels, the Schools Health & Libraries Broadband Coalition in general, and more.
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.
“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 Jenny Wainwright discuss efforts by the FCC and private industry to limit the number of illegal calls that reach consumers’ phones. In particular, they give an overview of a 2017 FCC order that authorized carriers to block certain types of calls, discuss the basics of private industry call blocking and call labelling services, and review suggestions from both industry and consumer groups on how to address this issue going forward.
Our "Spectrum Update" series takes a close look at hot topics and issues in wireless spectrum. In this episode, Partners Chip Yorkgitis and Josh Guyan discuss the hotly contested changes that are proposed and ongoing in the spectrum between 3.1 and 4.2 GHz in the U.S. There appear to be potential opportunities for commercial mobile to share these bands with current uses, but there are also calls for greater use of the bands for unlicensed and fixed wireless services. In many countries in Europe and Asia, in particular, these bands have been identified for 5G use already and the FCC is considering doing the same in the U.S.
The FCC recently reached a $5.25 million settlement with AT&T to resolve investigations into two 911 service outages that resulted in thousands of failed emergency calls. This edition of Full Spectrum’s series on FCC enforcement discusses the unexpected settlement and its implications on carrier network practices and the FCC's enforcement priorities. Partner Steve Augustino and Associate Brad Currier also cover LED sign enforcement, which has recently become an area of focus for the Pai FCC as the signs interfere with communications services. Finally, they cover a rare amateur radio settlement involving both the FCC and the Department of Justice.
“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 the agency’s remand proceeding after the 2018 D.C. Circuit decision in ACA International. In addition, Steve and Jenny examine three other petitions pending before the agency that could be resolved with the remand proceeding.
The FCC returned to bread-and-butter enforcement issues such as cramming/slamming and equipment authorization while issuing a record fine for robocalling at the midway point of 2018. In this edition of Full Spectrum’s series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier tackle how the FCC’s “back to basics” approach compares to past administrations and why the FCC sometimes issues large fines that violators cannot pay. The discussion also highlights the dangers for lighting manufactures and retailers as the FCC takes aim at wireless interference issues involving uncommon targets.
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 associate Jenny Wainwright discuss the definition of an autodialer or ATDS. This episode addresses the 2018 D.C. Circuit decision in ACA International and the FCC’s new proceeding to examine the definition. With initial comments having been filed on June 13th, Steve and Jenny analyze the principal arguments made by commenters and discuss whether Congress will weigh in on the matter.
Future episodes of “Inside the TCPA” will tackle reassigned numbers, consent, and other topics raised before the FCC. This is a companion to Kelley Drye’s comprehensive list of petitions before the Commission available in our monthly TCPA Tracker newsletter. Please contact us if we can assist you with any of the FCC proceedings.
In this edition of Full Spectrum’s series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major enforcement developments in April 2018. The Pai FCC’s Enforcement Bureau seems to be hitting its stride, taking actions in several “core” focus areas. This episode discusses developments in robocalls, slamming/cramming, rural call completion and pirate radio. This episode also offers commentary on what might be on the horizon, including a prominently placed enforcement item on the May FCC Open Meeting agenda. Be sure to check back with Kelley Drye for post-meeting analysis
Starting January 1, 2019, any new video game software that is capable of accessing or using an advanced communications service must include solutions to eliminate barriers to accessibility for people with disabilities. In this episode, Partners Steve Augustino and Josh Guyan, and Associate Avonne Bell discuss the upcoming end to a waiver for video game software products that will bring them under the purview of the FCC’s disabilities access rules for communications like voice or text chat included in video game software. This discussion will help video game software developers become better informed, plan and design appropriately, and keep adequate records for the purpose of meeting this new obligation.
Over a year into the Pai FCC, the Chairman’s enforcement priorities have come into focus. In Kelley Drye’s latest look at FCC enforcement, Partner Steve Augustino and Associate Brad Currier look at the "big ticket" FCC actions so far this year to identify enforcement trends and discuss where FCC enforcement is heading in 2018. They discuss important enforcement efforts in the first three months of the year, including efforts to combat universal service fraud, unauthorized operations, harmful interference and TCPA violations. In addition, this episode discusses the significance of recent broadcaster advertising fines at the start of 2018.
Following presentations for the Pacific Telecommunications Council and the Wireless Communications Alliance, Partners Chip Yorkgitis and Josh Guyan join Associate Ross Slutsky to discuss current domestic and international spectrum regulatory matters, focusing on those that could affect 5G rollout. In this episode, Chip, Josh and Ross cover FCC spectrum policy and proceedings, including the 3.5 GHz band, mid-band spectrum inquiry, the Spectrum Frontiers rulemaking, and two new proceedings being considered at the Commission’s February Open Meeting.
As the second session begins, the 115th Congress will pick up where it left off on some key telecommunications and technology issues. In this episode, Partner John Heitmann and Jennifer McCadney, Special Counsel in Kelley Drye’s Government Relations and Public Policy group, examine the current status of these issues and the implications for what is likely to occur in the coming months. The three categories of legislation they cover are (1) Mobile, 5G and Spectrum, (2) Rural Broadband Access, and (3) Internet, Privacy, Cybersecurity and Data Security.
Earlier this year, the Government Accountability Office (GAO) released a report focusing on the Lifeline program. Tucked away in that report was a significant discussion of Universal Service Fund (USF) contributor audits that has received little attention. In this episode, Partner Steve Augustino and Special Counsel Denise Smith discuss four trends in USF contributor audits they expect to result from the GAO report.
Advancements in communications technologies and the latest personal devices are presenting new and unconventional ways for consumers to communicate via text, voice, or video with other people and devices. The FCC and disabilities access stakeholders have generally acknowledged the potential benefits to people with disabilities of these new technologies. In this episode, Partner Josh Guyan and Associates Avonne Bell and Jameson Dempsey discuss the advancements and regulatory outlook for messaging, IoT, and many other emerging technology areas.
Our last episode took a look at the devastating impacts of Hurricane Harvey and Hurricane Irma. We ended that podcast by noting that, in the aftermath of such major weather events, a “business as usual” approach often no longer applies for affected communications service providers. Now in the aftermath of Hurricane Maria and Hurricane Nate, Associate Brad Currier provides a brief update on the FCC’s most recent response efforts and highlights that such efforts may represent a “new normal” of regulatory relief for those impacted by hurricanes and other disasters.
As communications networks continue to recover from the devastation of Hurricanes Harvey and Irma, and with further severe weather events on the horizon, this podcast takes a look at the impact the hurricanes have on communications service providers. In this episode, Partner Steve Augustino and Associate Brad Currier describe the outage reporting obligations applicable during disasters, caution providers on environmental reporting obligations that apply to communications service providers, and discuss the many waivers the FCC has granted in light of the events. It’s not “business as usual” after such events, and this episode outlines some of the ways the FCC can ease the impact of its rules on a service provider’s recovery efforts.
In this podcast, Kelley Drye Partner Josh Guyan and Associate Avonne Bell discuss the recent waiver of text telephony (TTY) support rules granted to TracFone for new Wi-Fi calling options until real-time text (RTT) is fully implemented. They also discuss the recent FCC rule change underlying the TracFone waiver that permits wireless service providers and device manufacturers to support RTT technology instead of TTY for IP-based voice services to meet their obligations to provide reliable telephone communications options for people who are deaf, hard of hearing, deaf-blind or who have a speech disability.
When Ajit Pai was a Commissioner, he was a frequent critic of the FCC’s enforcement practice. Now that Chairman Pai has led the FCC for six months, his approach to enforcement is coming into better focus. In this podcast, KDW enforcement attorneys Steve Augustino and Brad Currier discuss what we know and what we’re yet to learn about Pai, the Enforcer.
On May 18, 2017, the Federal Communications Commission adopted a Notice of Proposed Rulemaking that seeks comment on reversing the 2015 Open Internet Order by reclassifying broadband as an “information service,” and potentially eliminating the bright line rules which ban blocking, throttling, and paid prioritization. The Restoring Internet Freedom Notice of Proposed Rulemaking is expected to generate millions of public comments over the course of what will be a highly contentious debate. In this episode, partner John Heitmann and associate Ross Slutsky walk through the FCC’s proposals and the possible impacts of the proposal.
The FCC is currently undertaking several measures to foster the development of next generation wireless connectivity. In this episode, partner Chip Yorkgitis and associates Avonne Bell and Ross Slutsky provide an overview of 5G and the related spectrum and infrastructure proceedings at the FCC. While it remains to be seen when and how 5G networks will become a reality, this podcast addressed key questions such as what opportunities does 5G promise for industry and consumers, and what is the FCC doing to facilitate innovation and deployment of new wireless systems.
On April 3, President Trump signed a congressional resolution undoing the comprehensive broadband privacy rules the Federal Communications Commission (FCC) adopted in October of 2016. The privacy rules stemmed from the FCC’s reclassification of broadband as a telecommunications service in 2015, and under the Congressional Review Act, the FCC is barred from issuing substantially the same rules in the future. Further complicating the issue is a decision by the Ninth Circuit last summer, challenging the traditional jurisdictional boundaries over common carriers between the FCC and Federal Trade Commission. In this episode, associate Ross Slutsky and partner John Heitmann explain how we got to this point, what the repeal means for consumers and providers, and what comes next for broadband privacy.
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 TCPA Declaratory Ruling and Order and providing predictions on how the D.C. Circuit might rule in the pending appeal of the order. Second, they talk about recent activity related to the TCPA exemption for calls made on behalf of the Federal government, including for debt collection purposes. Third, they examine the FCC’s recent focus on “robocalls” and assess Chairman Pai’s likely approach on this and other TCPA issues. Fourth, they discuss the potential outcomes in the appeal of the FCC’s 2014 order which granted a retroactive waiver of the disclosure rules for "solicited" faxes.* Finally, they look at two recent noteworthy TCPA petitions filed by consumer class action plaintiffs.
*Note that this podcast was recorded prior to the release of the D.C. Circuit’s decision in Bais Yaakov of Spring Valley et al. v. FCC. A separate podcast on the implications of this decision for fax advertisers will be available soon.
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.
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.
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 podcast, 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.
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.
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.
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.
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Be sure to also to check out Kelley Drye's monthly TCPA Tracker, available at: http://www.kelleydrye.com/publications/newsletters/tcpa/index
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.
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.
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.
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 at http://www.kelleydrye.com/publications/client_advisories/1053
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.
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.
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.
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.
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 at www.kelleydrye.com
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.
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.