A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act (TCPA). On April 7, 2020, a Second Circuit panel joined a Ninth Circuit panel in adopting a broad reading of the statutory definition of “automatic telephone dialing system” (ATDS), commonly referred to as an autodialer.
President Donald Trump issued an Executive Order creating a new multiagency process for Executive Branch review of telecommunications-related applications and licenses involving foreign participation in the telecommunications sector. The newly established Executive Branch committee ostensibly replaces the review currently conducted by an informal, multiagency group known as “Team Telecom.” But the Committee’s mandate includes several novel features that expand the reach and scope of national security review beyond what Team Telecom could accomplish.
Trump signed the Broadband DATA Act, which requires the FCC to collect and disseminate data about broadband availability and establish processes to ensure data accuracy.
Hospitals, health care providers, health officials, and other government officials may use automated calls and text messages to communicate information about COVID-19 when “necessary to protect the health and safety of citizens,” without violating the TCPA. The FCC released the Declaratory Ruling on its own motion, without being prompted to do so by a regulated party.
The CSSMA meeting was part of ongoing efforts to develop the smallsat industry by facilitating spectrum coordination and harnessing the industry’s voice on pertinent matters.
A wide variety of organizations will be impacted by Kari’s Law and must comply with its requirements.
The key issue is how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system.” The Eleventh Circuit panel’s decision in Glasser rejects that trend, joins the D.C. Circuit in adopting a much narrower view of the TCPA’s scope, and establishes a clear circuit split with the Ninth Circuit.
It was a very busy year on the robocall front, and on 30 December 2019, President Trump signed into law the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House and Senate passed by wide, bipartisan margins earlier this year. The TRACED Act is the most significant robocall legislation in years. It requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts. Among
On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier this month. With the Senate’s passage of the reconciled bill, the bipartisan legislation now heads to President Trump’s desk for his review. The Pallone-Thune TRACED Act requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts.
The FCC recently issued a Public Notice that sought comment on whether to make the 960-1164 MHz and 5030-5091 MHz bands available to support unmanned aerial system operations (UAS). The FAA Reauthorization Act of 2018 required the Federal Aviation Administration (FAA), the National Telecommunications and Information Administration (NTIA), and the FCC to submit a report to Congress on whether to allow UAS communications in these frequencies. The joint agency report must discuss: (1) whether the FCC should permit, but not require, UAS operations in these bands on an unlicensed, shared,
On November 12, members of the Federal Communications Bar Association (FCBA) gathered in Washington, DC, to commemorate 25 years of spectrum auctions at the Federal Communications Commission (FCC). Hosted at Hogan Lovells LLP, the event featured current and former FCC staff members and industry lawyers, who discussed the history and future of spectrum auctions. The FCC’s leadership and strong record of innovation in administering spectrum auctions was a recurrent theme of the program. The Beginning of Spectrum Auctions The first panel focused on the early days of spectrum auctions at
The Federal Communications Commission (FCC), in consultation with the Department of Agriculture, announced the members of the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States (Task Force). The Task Force, an advisory body to the FCC, will investigate the current state of broadband access in agricultural lands and recommend policies and regulatory solutions to the FCC to promote broadband deployment and precision agriculture, standardize data collections, and target funding towards unserved areas. The Task Force is also slated to identify ways for
On October 23, 2019, the U.S. Department of Defense announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the U.S. Federal Communications Commission. Lisa Porter, Deputy Undersecretary of Defense for Research and Engineering, revealed the Defense Department’s plans during an appearance at Mobile World Congress (MWC) in Los Angeles with FCC Chairman Ajit Pai and Diane Rinaldo, Assistant Secretary of the National Telecommunications and Information Administration (NTIA). Both Porter and Pai heralded the project, known as Defense Next Generation Information Communications Technology,
In a Public Notice released October 7, 2019, the Federal Communications Commission (FCC) announced the status of the 39 short-form applications for Auction 103, which is scheduled to begin on December 10, 2019. Auction 103 will offer 14,144 licenses covering some 3,400 megahertz of spectrum in the Upper 37 GHz, 39 GHz, and 47 GHz bands. The FCC announced 29 complete and 10 incomplete applications for Auction 103. All applicants with complete applications will become qualified bidders upon receipt by the FCC of the required upfront payment by October 22,
On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls. The law requires telecommunications service providers to implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols by January 1, 2021. These protocols are designed to attest to the authenticity of caller identification data and provide service providers with information to help ensure that calls are not spoofed.
The proposed procedures for Auction 105 resemble other competitive bidding processes, but include a few key differences to accommodate shared use of the band, encourage 5G deployments, and increase flexibility for participants.
On May 14, 2019, Federal Communications Commission (FCC) Chairman Ajit Pai announced plans to open a rule-making to take a “fresh look” at the 5850-5925 megahertz (MHz) (5.9 gigahertz (GHz)) spectrum band. Initial reports suggested that the FCC would take the issue up in June, but the 5.9 GHz rule-making was not included on the tentative agenda for the commission’s June open meeting. Chairman Pai delayed the rule-making at the request of U.S. Transportation Secretary Elaine Chao. The FCC has not provided a timeline for the rule-making, but we expect
In May 2019, the Commercial Smallsat Spectrum Management Association (CSSMA) hosted two groundbreaking events at the Hogan Lovells Washington DC office. The first was a series of scheduled company-specific, pre-coordination meetings with federal agencies and operators designed to facilitate the shared use of spectrum. The second was a spectrum workshop with the Space Frequency Coordination Group (SFCG). The events are part of CSSMA’s continuing efforts to facilitate discussion, growth, and education in the smallsat industry both in the United States and abroad.
The government’s ability to conduct the upcoming Census is under threat from an unlikely source – the Federal Communications Commission’s (FCC’s) interpretation of the Telephone Consumer Protection Act (TCPA).
A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. The number of telecoms regulatory constraints affecting IoT in the EU is almost twice as high as in the United States and China. Federal Communications Commission (FCC) Chairman Ajit Pai compares the global race to 5G with World Cup football: “When it comes to 5G, we need to keep the playbook fresh and forward leaning.” Outdated regulations
At the 2019 Smallsat Symposium in Silicon Valley, leading innovators, experts, and entrepreneurs in the industry gathered to discuss their achievements and the expanding opportunities for funding, launch, and partnerships.
The Enforcement Bureau (“Bureau”) proposed a $20,000 penalty against Viaero Wireless (“Viaero”) for allegedly transmitting in the 3650-3700 MHz band without authorization.
The federal government shutdown that began at midnight December 29, 2018 shows no sign of ending soon. The Federal Communications Commission tapped on-hand funds to continue operations uninterrupted but ran out of time – and money – last week. The FCC earlier issued a statement that the agency had enough funding to remain open through January 2, 2019, but has furloughed most staff as the shutdown continues.
The U.S. Federal Communications Commission auctions wireless broadband spectrum to the highest bidders, and the agency’s latest spectrum auction continues to march toward a conclusion.
Auction 101 is the first of several auctions offering high-frequency “millimeter wave” spectrum that the Federal Communications Commission has committed to hold in 2018 and 2019. At the close of bidding in Round 78 Tuesday, total provisionally winning bids surpassed $689 million, although this total has not changed much over the past several days. While bidding has slowed recently, the FCC has said the auction will run through the end of the week, or as long as bidding continues, and then resume in the new year, if necessary.