The United States Federal Communications Commission

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
News & Analysis as of

Broadcast Station Reminder— Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial Limits...

By Oct. 10, 2014, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during July, August and...more

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

Is Dark Fiber a Regulated Service?

It seems logical to think that leasing dark fiber is not a telecommunications service. Dark fiber is only a component of a service, not a service unto itself. It may therefore come as a surprise to know that the FCC (and the...more

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

TCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer

To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or...more

Eleventh Circuit Hears Oral Argument in Landmark TCPA Case

Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more

Texting while driving and related dangers

Because the problem of texting while driving is so significant, various agencies including the Federal Communications Commission have been working to create greater public awareness of the dangers related to this practice....more

FCC Sets Dec. 15 Deadline for Special Access Data Collection Submissions

December 15 is now set as the deadline by which nearly all cable operators, telecommunications carriers, and many others must respond to an extensive FCC special access data collection, per an Order on Reconsideration...more

Net Neutrality, Citizens United, and Diminishing Democracy?

When the Federal Communications Commission (FCC) proposed earlier this year that broadband internet companies could legally charge content providers for access to internet “fast lanes,” it was considered by some as a...more

Record Actions Force Companies to Reevaluate How They Protect Consumers

Last week the FCC’s Enforcement Bureau announced that Verizon agreed to pay a record US$7.4 million to settle an investigation related to the company’s treatment of consumer personal information. Specifically, the Commission...more

FCC Announces Record $7.4 Million Settlement for Failure to Provide CPNI “Opt-Out” Notices to Customers

On Tuesday, September 3, the FCC’s Enforcement Bureau announced that it had entered into a consent decree with Verizon, under which Verizon will pay $7.4 million to the U.S. Treasury for violating the FCC’s “Customer...more

FCC Announces Regulatory Fees Due for FY 2014

The FCC has released its annual Report and Order showing the regulatory fees due for the 2014 fiscal year. The due date is Sept. 23, 2014. The fees are intended to recover the Commission's cost of operations, estimated to be...more

The FCC’s declaratory ruling re TCPA vicarious liability – one year later, trends and takeaways

A year ago, we reported on the FCC’s Declaratory Ruling that addressed the issue of whether parties who did not actually place telemarketing robocalls could be either directly or vicariously liable for calls made on their...more

TCPA Hot Issues: Is the Scope of Consent Unlimited?

What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more

FCC Letter Brief Suggests That Faxes and Phone Calls are Different for Purposes of Direct Liability Under the TCPA

At the invitation of the Eleventh Circuit Court of Appeals, the FCC recently filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.). The letter brief took the position that defendants...more

New FCC Rules for Medical Body Area Networks

On August 21, 2014, the Federal Communications Commission (“FCC”) released an Order with new and clarified rules to foster the development and deployment of Medical Body Area Networks (MBANs). The Order provides more...more

Proposed Comcast-Time Warner Cable-Charter Merger/Swaps/Sales Spark Thousands of Filings at the FCC; Responses Due Sept. 23

The proposed merger of the two largest cable operators in the country, Comcast and Time Warner Cable, and the related system swaps and sales involving Charter Communications, have generated an enormous amount of press...more

Feds Announce Application Process for Rural Broadband Experiments

On August 19th, the Federal Communications Commission released a public notice detailing the application process for entities interested in participating in the rural broadband experiments. The notice outlines specific...more

New Opportunities for California Arise from Mega Cable Merger

In an earlier post, we talked about the FCC’s review of the Comcast-Time Warner Cable merger heating up with more than 65,000 comments filed this week. Folks in California may be interested to know that the California Public...more

CPUC Review of Comcast-TWC Merger Gives Cities & Schools Opportunity to Improve Broadband Services

The California Public Utilities Commission has decided to focus on the cost and availability of broadband services in its review of the proposed merger between the two largest cable and broadband providers in the state:...more

FCC Establishes Application Procedures for Rural Broadband Experiments – Application Deadline Set for Oct. 14

On August 19, the FCC’s Wireline Competition Bureau released a public notice establishing the process for applying for support under the Rural Broadband Experiments program. Applications under this program must be submitted...more

For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

In The New Landscape of TCPA Litigation, No Industry Is Safe

In recent years, the number of private actions filed under the Telephone Consumer Protection Act (the “TCPA” or the “Act”) has risen sharply, but perhaps more concerning is that litigants are using the Act to target an...more

FCC to Proceed with Revised Special Access Data Collection Effort Following OMB Approval

On Aug.15, the Office of Management and Budget (OMB) approved the FCC’s proposed special access services data collection plan, subject to several modifications that limit the initial scope of the plan. The FCC’s special...more

Sixth Circuit Prints Out Victory for Recipients of Fax-Blasting

An unsolicited fax comes into your business, but via your computer’s network, not on an old-fashioned fax machine. Nothing prints out on paper, but someone still has to deal with the unwanted advertisement. What’s been...more

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