Telecommunications

News & Analysis as of

2015 FCC Regulatory Fees Due By September 24, 2015

The FCC has announced a deadline of September 24 for receipt of its Fiscal Year 2015 annual regulatory fees. Fees are owed on all authorizations held as of October 1, 2014. Payment may be made by credit card, debit card,...more

FCC Announces Regulatory Fees Due for FY 2015

The FCC has released its annual Report and Order showing the regulatory fees due for the 2015 fiscal year. The fees must be received by the FCC by 11:59 PM EDT on September 24, 2015. The FCC’s electronic payment system is...more

MoFo New York Tax Insights - Volume 6, Issue 9

Tribunal Upholds Personal Liability of LLC Members for Sales Tax - The New York State Tax Appeals Tribunal has affirmed the determination of an Administrative Law Judge that a member of a limited liability company...more

FCC Shows Hand on Regulation of Edge Providers

In a prior post, we commented on how the recent expansion of the FCC’s authority to regulate the privacy practices of Internet service providers (ISPs) has ignited calls for further expansion of the FCC’s authority to cover...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

Rating Agency Developments

On August 26, DBRS issued Methodology – Rating Companies in the Communications Industry. On August 26, DBRS issued Methodology – Rating Companies in the Consumer Products Industry. On August 26, DBRS issued Methodology –...more

FCC Proposes Reform of Radiofrequency Equipment Authorization Rules

Faced with the rapid growth of increasingly complex wireless products, the FCC proposes to upgrade its equipment authorization program to prevent harmful interference without stifling innovation and product development....more

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

Washington Supreme Court Applies Public Records Act to Public Employees’ Private Cell Phones

On August 27, the Washington Supreme Court unanimously held in Nissen v. Pierce County that text messages sent or received by a public employee in his or her official capacity are public records within the meaning of the...more

Big win for telemarketers: Courts rule that consumers consented to calls and texts by providing number to the companies

On August 21, 2015, the 11th Circuit upheld the dismissal of a class action against DCI Biologicals, Inc. (DCI) for its alleged violations of the Telephone Consumer Protection Act (TCPA). DCI is a blood plasma collection...more

Big win for telemarketers: Courts rule that consumers consented to calls and texts by providing number to the companies

On August 21, 2015, the 11th Circuit upheld the dismissal of a class action against DCI Biologicals, Inc. (DCI) for its alleged violations of the Telephone Consumer Protection Act (TCPA). DCI is a blood plasma collection...more

FCC Settles First Data Security Enforcement Action

On July 9, 2015, the Federal Communications Commission settled its first data security case with two related telecommunications carriers – TerraCom, Inc. and YourTel America, Inc. – for $3.5 million. The settlement resolves...more

FCC Issues $2.96 Million Fine for Robocalling Violations

Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for...more

Tax Changes Made by Maine's 127th Legislature

The Maine Legislature ended its tumultuous session on July 16, 2015. After an advisory opinion by the Maine Supreme Court, we now know which bills actually became law. As usual, a number of significant tax issues were...more

In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege

Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, "Comcast"). The district court had...more

FCC Announces Robocalling and Caller ID Spoofing Workshop

Telemarketers and others who may have been wondering how the Federal Communications Commission’s recent and – to industry participants – concerning Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA)...more

District Court Denies Stay Based on Inter Partes Review ("IPR") Where Less than 25% of Claims at Issue were Subject to IPR

Defendants HTC America, Inc., HTC Corporation, AT&T Mobility LLC, Cellco Partnership, Sprint Spectrum L.P., Kyocera Corporation, Boost Mobile, T-Mobile USA, Inc. and ZTE (USA), Inc. filed a motion to stay pending resolution...more

Germany rolls out IT Security Act

Germany's controversial IT Security Act (ITSG) came into effect on July 25, 2015.[1] The new act seeks to increase protections for German citizens, companies and government institutions that may be vulnerable to a range of IT...more

Framing the Issues on Appeal in DC Circuit’s Review of the FCC’s Aggressive TCPA Order

The Federal Communications Commission (FCC) disappointed many with its July 1, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits, amongst other things, using an automated...more

Special Deadline: This Year’s FCC Annual Section 43.62 International Traffic and Revenue Report Due September 2015

All international Section 214 holders, entities providing international telecommunications on a common carrier basis, and providers of international voice over internet protocol (VoIP) service connected to the public switched...more

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

Immediate Action Required by Cities to Begin Collecting Utility Users Tax

New Law Will Allow California Cities to Receive Tax Revenue on Prepaid Wireless Telephone Service - Prepaid wireless phone service is a booming business and, to date, cities have not been receiving their full measure...more

JMOL Is Granted In Telecommunications Case

Sprint Communications Company L.P. v. Comcast IP Holdings, LLC, et al., C.A. No. 12-1013 - RGA, August 7, 2015 - Andrews, J. Defendants’ motion for JMOL is granted and in the alternative their motion for a new trial is...more

Anti-robocalling statute banning automated political calls found unconstitutional

On August 6, 2015, the Fourth Circuit upheld a lower court’s decision that the South Carolina anti-robocall statute was unconstitutional. The South Carolina robocall statute targeted automated telephone calls that were...more

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