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FCC Proposes AI-Generated Robocall and Robotext Rules

The Federal Communications Commission (“FCC”) has unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”), proposing first-of-their-kind AI-generated robocall and robotext rules that would...more

FCC’s Net Neutrality Order Extends Exclusive Access Prohibitions to Broadband-Only Services Delivered to Residential and...

In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more

$8 Million in Fines Levied Against Caller and Carrier for Deepfake, AI Robocalls

In this first-of-its kind enforcement action, the FCC has proposed forfeitures not only against a party for allegedly instigating a deepfake, robocall campaign, but also against the voice provider for alleged STIR/SHAKEN...more

Second Circuit Finds Text Messages Selected and Sent From a List Using Alleged “SMS Blaster” Not Subject to TCPA Autodialer...

Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...more

FCC Adopts New TCPA Rules Expanding Consumer Consent Revocation Mandates

The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more

FCC Adopts Declaratory Ruling Confirming AI Voice Calls are Subject to TCPA, Takes Enforcement Action Against Provider Allegedly...

On February 2, the FCC unanimously adopted a declaratory ruling, effective immediately, confirming the seemingly unremarkable conclusion that artificial intelligence (“AI”) generated messages or voice calls fall within the...more

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks...

On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more

FCC Opens Inquiry Into AI’s Evolving Use in Robocalls and Robotexts, and Potential Consumer Impacts

The FCC has adopted a Notice of Inquiry seeking public comment on the use of evolving AI technologies in robocall and robotext campaigns, potential consumer impacts, and associated issues surrounding TCPA compliance and the...more

MMS Text Messages That Include Links to Audio Are Not “Prerecorded Voice” Subject to TCPA Wireless Prohibition When a “Conscious...

Following the recent Ninth Circuit decision in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), see previous post, where the court held that SMS messages that lack any audible component are...more

Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives....more

FCC Proposes Rules to Further Tighten, Codify Various TCPA Consent Requirements

The FCC has adopted a Notice of Proposed Rulemaking proposing to further tighten and to codify in its rules various Commission declaratory rulings on TCPA consent requirements that are applicable to autodialed calls and...more

Class Action Settlement Preliminarily Approved for “Wrong Number” Calls Suggests Wisdom of Scrubbing for Validity of Called...

Ever wonder why you may be advised to scrub lists for reassigned numbers or use the FCC’s Reassigned Number Database prior to texting or calling numbers from a database? Well, here’s a great practical example. ...more

FCC Chair Asks Congress for Expanded Authority to Limit Illegal Robocalls and Robotexts

Consumer frustration with illegal robocalls and robotexts has placed the FCC’s related regulatory scheme top of mind for regulators and legislators alike. FCC Chairwoman Jessica Rosenworcel recently sent a letter to...more

White House Releases Update on Implementation of Infrastructure Act

The White House has provided updates on the implementation of the Infrastructure Investment and Jobs Act (Infrastructure Act). Notably, the White House released fact sheets for providing detailed information about announced...more

D.C. Circuit Vacates FCC Rule Requiring Broadcasters to Verify Foreign Governmental Sponsorship of Programming

The U.S. Court of Appeals for the D.C. Circuit, in a unanimous decision, ruled that the Federal Communications Commission (FCC) exceeded its statutory authority in requiring, as part of a new foreign sponsorship...more

Biden Signs Executive Order Reshaping Competition for Tech and the Internet

Today, President Biden signed a sweeping Executive Order containing 72 directives for more than a dozen federal agencies to impose regulations, largely aimed at Big Tech and Telecom to reshape and promote competition within...more

Windstream Bankruptcy Court Slams Charter Communications for Violating Automatic Bankruptcy Stay, Holds Company in Contempt

The breadth and scope of the Bankruptcy Code’s automatic stay and the potential cost a company may face for violating the stay made national news last week in a dust-up between two telecom providers, when the U.S. Bankruptcy...more

Broadband Reliance During Pandemic Heightens Concerns About Access, Security, and Highlights Opportunities, Risks

The COVID-19 pandemic highlighted significant gaps in the availability of broadband access faced by millions of rural and low-income Americans, and the vulnerability of our broadband networks to single points of failure and...more

FCC Enforcement Bureau Targets Landlords That Allow “Pirate” Broadcasting from Their Properties, Threatens Significant Fines

The Federal Communications Commission’s (FCC or Commission) Enforcement Bureau (Bureau) has announced that it has begun targeting property owners and managers for knowingly permitting illegal AM and FM radio broadcasting from...more

State Reopenings: A Picture’s Worth a Thousand Words, or Is It?

This week marks a stunning (literally) transition in our three-month COVID-19 State Closure/Reopening Project. Every state in the country is now squarely in the process of going green — reopening all sectors of their...more

FCC and CISA Tell Governors Communications Services Essential to COVID-19 Response – Why Now, What Does It Mean?

In a surprise move, Federal Communications Commission (FCC) Chairman Ajit Pai joined up last week with Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) Director Christopher Krebs to...more

Complying with the Evolving and Conflicting COVID-19 State Closure Landscape; CISA Updates List of Essential Critical...

Over the last two weeks, COVID-19 state business closure orders, which we are tracking on our 50-State interactive guide, and their related stay at home orders, have come at a fast and furious pace.   From just a handful at...more

Shelter In Place Orders: Are You an “Essential Business”?

As more state and local governments weigh “shelter in place” orders in an effort to combat the spread of COVID-19, many businesses across the country are asking what constitutes an “essential” business and what to do if you...more

New 911 Calling Requirements for Enterprise Phone Systems: Are You Ready?

On August 2, 2019, the Federal Communications Commission (“FCC” or “Commission”) released a Report and Order on 911 calling capability requirements that affect virtually anyone in the enterprise calling platform ecosystem,...more

Post-Brexit Equipment Authorization Processes for Electronic Products – What US Companies Need to Know

While uncertainty remains about the terms and indeed the exact date by which the UK will leave the European Union, US companies that export electronic products to the EU and the UK marked with the "CE" symbol for EU...more

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