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Two FCC Actions on AI: Penalties for Deepfake Robocalls With Spoofed Caller ID; Rulemaking on AI in Political Ads

The FCC recently issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $6 million fine on a political consultant for allegedly carrying out an illegal robocall campaign using caller ID spoofing and an...more

FCC May Consider Potential "Amnesty" for Federal Broadband Funding Defaults

On March 5, the Federal Communications Commission's (FCC) Wireline Competition Bureau (WCB) issued a public notice seeking input on a recently submitted proposal to implement an "amnesty period" for internet service providers...more

3/15/2024  /  Amnesty , Broadband , FCC , Funding , Penalties

FCC Declares AI Robocalls Subject to Federal Telemarketing Regulation

Only a week after issuing a statement calling for the regulation of robocalls featuring voices generated by artificial intelligence, the Federal Communications Commission (FCC) adopted a Declaratory Ruling confirming that...more

FCC Reforms Pole Attachment Rules to Promote Broadband Deployment

On December 15, 2023, the Federal Communications Commission (FCC) released the text of its long awaited Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking addressing pole replacement...more

NTIA Announces Allocations for $42 Billion in BEAD Funding for Expanding High-Speed Internet Access

The Biden Administration recently released its plans for allocating more than $42.45 billion in broadband funding to all 50 states through the Broadband Equity Access and Deployment ("BEAD") Program. These dollars will be...more

Maryland and Florida Take Divergent Approaches in Their 'Mini-TCPA' Laws

Continuing the trend of state interest in telephone and text message marketing regulation, this week Maryland and Florida took diverging approaches to amending their existing telephone and text message marketing laws (so...more

FCC Strengthens Foreign Ownership Disclosure Requirements for Providers Holding International Section 214 Authorizations - 5%...

Taking another step to further regulate foreign participation in the U.S. telecommunications marketplace, on Thursday, April 20, 2023, the Federal Communications Commission ("FCC" or "Commission") adopted an Order and Notice...more

FCC Proposes Mandatory Blocking and Other New Robocall Mitigation Requirements and Penalties

The Federal Communications Commission (FCC) is seeking comment on new proposed robocall mitigation and enforcement rules that would include...more

FCC Circulates Draft FNPRM on Pole Replacement Costs

The Federal Communications Commission (FCC) has circulated for consideration at its March 16 open meeting a draft Second Further Notice of Proposed Rulemaking (FNPRM) seeking comment on whether the agency should further...more

FCC Proposes Record $5 Million TCPA Fine for 1,100 Prerecorded Election Robocalls

Keeping with its aggressive efforts to combat unwanted robocalls, the Federal Communications Commission (FCC) on August 24, 2021, proposed fining a duo of conservative activists and their business $5.135 million for allegedly...more

Federal Court Says Voice Service Providers "Mey" Face TCPA Liability for Facilitating Spoofed Robocalls, Denies Motion to Dismiss

When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability...more

SCOTUS Adopts Narrow Autodialer Definition, Fundamentally Alters TCPA Landscape

On Thursday, the U.S. Supreme Court issued its long-awaited decision in Facebook, Inc. v. Duguid, which significantly restricts the scope of the Telephone Consumer Protection Act (TCPA). The Act prohibits certain calls and...more

FCC Imposes Record $225 Million Fine for Spoofed Health Insurance Robocalls; Announces Aggressive Anti-Robocall Agenda

During the Federal Communications Commission's (FCC) March open meeting, Acting Chairwoman Jessica Rosenworcel announced that the FCC would be increasing its efforts to combat unwanted robocalls through a host of new...more

FCC Requires All Voice Providers to Implement STIR/SHAKEN or Adopt Robocall Mitigation Plans by Mid-2021

The Federal Communications Commission (FCC) extended its June 2021 deadline for certain small, non-IP, and other voice service providers to implement STIR/SHAKEN call authentication to reduce illegal and unwanted robocalls...more

FCC Adopts New Safe Harbor Rules for Blocking Robocalls

Continuing its efforts to prevent illegal and unwanted robocalls, the Federal Communications Commission (FCC) has adopted a Third Report and Order (Third R&O) further encouraging voice service providers to block illegal and...more

FCC Clarifies Pole Attachment Rules Related to Access Denial and Agreement Terms and Conditions

On July 29, 2020, the Federal Communications Commission's (FCC or Commission) Wireline Competition Bureau (WCB) released a Declaratory Ruling clarifying certain aspects of its rules governing the deployment of communications...more

Supreme Court Strikes Down Government-debt Exception to TCPA Ban on Autodialed and Prerecorded Calls to Cell Phones

The U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants, Inc., affirming the U.S. Court of Appeals for the 4th Circuit's holding that the "government-debt" exception to the Telephone...more

FCC Adopts Final Order Clarifying Wireless Buildout Streamlining Rules

On June 9, 2020, at its monthly open meeting and by a 3-2 vote, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Notice of Proposed Rulemaking clarifying certain aspects of its rules governing the...more

6/12/2020  /  FCC , Telecommunications

Court's Enforcement of Hybrid Clickwrap Agreement to Defeat TCPA Claim Provides Lessons for Marketers

Whenever a marketer faces a class action lawsuit under the Telephone Consumer Protection Act (TCPA), one of the best tools available for defeating the TCPA claim is the “prior express consent” affirmative defense. In Lundbom...more

FCC Issues Draft Order Clarifying Wireless Buildout Streamlining Rules

On May 19, 2020, the Federal Communications Commission (FCC or Commission) released a draft Declaratory Ruling and Notice of Proposed Rulemaking clarifying certain aspects of its rules governing the deployment of wireless...more

3rd Circuit Finds Paid Market Surveys Are "Advertisements" Under TCPA

For the last few years, the Telephone Consumer Protection Act's (TCPA) prohibition on "unsolicited advertisements" sent via fax has been the subject of numerous statutory interpretation battles....more

5/21/2020  /  Advertising , Surveys , TCPA
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