In this edition of Full Spectrum’s series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major enforcement developments in April 2018. The Pai FCC’s Enforcement Bureau seems to be hitting its stride, taking actions in several “core” focus areas. This episode discusses developments in robocalls, slamming/cramming, rural call completion and pirate radio. This episode also offers commentary on what might be on the horizon, including a prominently placed...
May 08, 2018•25 min
Starting January 1, 2019, any new video game software that is capable of accessing or using an advanced communications service must include solutions to eliminate barriers to accessibility for people with disabilities. In this episode, Partners Steve Augustino and Josh Guyan, and Associate Avonne Bell discuss the upcoming end to a waiver for video game software products that will bring them under the purview of the FCC’s disabilities access rules for communications like voice or text chat includ...
Apr 16, 2018•24 min
Over a year into the Pai FCC, the Chairman’s enforcement priorities have come into focus. In Kelley Drye’s latest look at FCC enforcement, Partner Steve Augustino and Associate Brad Currier look at the "big ticket" FCC actions so far this year to identify enforcement trends and discuss where FCC enforcement is heading in 2018. They discuss important enforcement efforts in the first three months of the year, including efforts to combat universal service fraud, unauthorized operations, harmful int...
Mar 28, 2018•22 min
Following presentations for the Pacific Telecommunications Council and the Wireless Communications Alliance, Partners Chip Yorkgitis and Josh Guyan join Associate Ross Slutsky to discuss current domestic and international spectrum regulatory matters, focusing on those that could affect 5G rollout. In this episode, Chip, Josh and Ross cover FCC spectrum policy and proceedings, including the 3.5 GHz band, mid-band spectrum inquiry, the Spectrum Frontiers rulemaking, and two new proceedings being c...
Feb 13, 2018•26 min
As the second session begins, the 115th Congress will pick up where it left off on some key telecommunications and technology issues. In this episode, Partner John Heitmann and Jennifer McCadney, Special Counsel in Kelley Drye’s Government Relations and Public Policy group, examine the current status of these issues and the implications for what is likely to occur in the coming months. The three categories of legislation they cover are (1) Mobile, 5G and Spectrum, (2) Rural Broadband Access, and...
Jan 11, 2018•33 min
Earlier this year, the Government Accountability Office (GAO) released a report focusing on the Lifeline program. Tucked away in that report was a significant discussion of Universal Service Fund (USF) contributor audits that has received little attention. In this episode, Partner Steve Augustino and Special Counsel Denise Smith discuss four trends in USF contributor audits they expect to result from the GAO report.
Dec 06, 2017•16 min
Advancements in communications technologies and the latest personal devices are presenting new and unconventional ways for consumers to communicate via text, voice, or video with other people and devices. The FCC and disabilities access stakeholders have generally acknowledged the potential benefits to people with disabilities of these new technologies. In this episode, Partner Josh Guyan and Associates Avonne Bell and Jameson Dempsey discuss the advancements and regulatory outlook for messaging...
Oct 26, 2017•26 min
Our last episode took a look at the devastating impacts of Hurricane Harvey and Hurricane Irma. We ended that podcast by noting that, in the aftermath of such major weather events, a “business as usual” approach often no longer applies for affected communications service providers. Now in the aftermath of Hurricane Maria and Hurricane Nate, Associate Brad Currier provides a brief update on the FCC’s most recent response efforts and highlights that such efforts may represent a “new normal” of reg...
Oct 16, 2017•7 min
As communications networks continue to recover from the devastation of Hurricanes Harvey and Irma, and with further severe weather events on the horizon, this podcast takes a look at the impact the hurricanes have on communications service providers. In this episode, Partner Steve Augustino and Associate Brad Currier describe the outage reporting obligations applicable during disasters, caution providers on environmental reporting obligations that apply to communications service providers, and d...
Sep 21, 2017•16 min
In this podcast, Kelley Drye Partner Josh Guyan and Associate Avonne Bell discuss the recent waiver of text telephony (TTY) support rules granted to TracFone for new Wi-Fi calling options until real-time text (RTT) is fully implemented. They also discuss the recent FCC rule change underlying the TracFone waiver that permits wireless service providers and device manufacturers to support RTT technology instead of TTY for IP-based voice services to meet their obligations to provide reliable telepho...
Aug 31, 2017•13 min
When Ajit Pai was a Commissioner, he was a frequent critic of the FCC’s enforcement practice. Now that Chairman Pai has led the FCC for six months, his approach to enforcement is coming into better focus. In this podcast, KDW enforcement attorneys Steve Augustino and Brad Currier discuss what we know and what we’re yet to learn about Pai, the Enforcer.
Jul 24, 2017•32 min
On May 18, 2017, the Federal Communications Commission adopted a Notice of Proposed Rulemaking that seeks comment on reversing the 2015 Open Internet Order by reclassifying broadband as an “information service,” and potentially eliminating the bright line rules which ban blocking, throttling, and paid prioritization. The Restoring Internet Freedom Notice of Proposed Rulemaking is expected to generate millions of public comments over the course of what will be a highly contentious debate. In this...
May 31, 2017•15 min
The FCC is currently undertaking several measures to foster the development of next generation wireless connectivity. In this episode, partner Chip Yorkgitis and associates Avonne Bell and Ross Slutsky provide an overview of 5G and the related spectrum and infrastructure proceedings at the FCC. While it remains to be seen when and how 5G networks will become a reality, this podcast addressed key questions such as what opportunities does 5G promise for industry and consumers, and what is the FCC ...
May 15, 2017•23 min
On April 3, President Trump signed a congressional resolution undoing the comprehensive broadband privacy rules the Federal Communications Commission (FCC) adopted in October of 2016. The privacy rules stemmed from the FCC’s reclassification of broadband as a telecommunications service in 2015, and under the Congressional Review Act, the FCC is barred from issuing substantially the same rules in the future. Further complicating the issue is a decision by the Ninth Circuit last summer, challengin...
Apr 10, 2017•15 min
This episode is the second in our series devoted to covering noteworthy developments relating to the Telephone Consumer Protection Act (TCPA). This series covers decisions from the FCC and federal courts, as well as any TCPA-related activity on Capitol Hill. In this episode, partner Steve Augustino and associate Jennifer Wainwright start off by discussing the 2015 TCPA Declaratory Ruling and Order and providing predictions on how the D.C. Circuit might rule in the pending appeal of the order. Se...
Apr 03, 2017•23 min
In February, Chairman Ajit Pai presided over his first major open meeting since becoming chairman, at which the Commission adopted items furthering the FCC’s reverse auctions for Universal Service funding and narrowing the applicability of the Open Internet Order’s transparency requirements. In this podcast, Steve Augustino, Avonne Bell, and Brad Currier break down the key details in the FCC’s Mobility Fund Phase II order, Connect America Fund Phase II auction order, and Open Internet small busi...
Mar 07, 2017•14 min
Significant changes in FCC enforcement personnel and practices are expected after the inauguration of President Trump. This installment of Steve Augustino’s FCC Enforcement series chronicles the last actions of the FCC Enforcement Bureau led by Travis LeBlanc. Steve’s FCC Enforcement series regularly examines developments and trends in FCC enforcement. This episode discusses cases from November 2016 through the beginning of January 2017.
Jan 24, 2017•24 min
On October 27, 2016, the Federal Communications Commission adopted a Report and Order that imposes a comprehensive set of privacy and data security regulations for broadband providers and replaces the existing privacy and data security rules for all other telecommunications service providers. The rules represent a significant departure from the Commission’s existing privacy and data security framework. In this podcast, Kelley Drye associates Avonne Bell, Jenny Wainwright and Ross Slutsky give an...
Nov 21, 2016•19 min
In late August, the Ninth Circuit ruled that AT&T was exempt from Federal Trade Commission oversight by virtue of its “status” as a common-carrier, and dismissed an FTC case against AT&T over its practice of “throttling” customers’ data usage. The FTC filed a request for en banc review by the full panel of the Ninth Circuit in mid-October. If the ruling stands, it could dramatically alter the jurisdictional boundaries between the FTC and FCC. In this episode, paralegal Matt Weinmann inte...
Nov 10, 2016•12 min
With the Presidential election approaching, the Enforcement Bureau seems intent on doubling down on its legacy of aggressive, principle-based enforcement. This installment of Steve Augustino’s FCC Enforcement series features the FCC’s $48 million settlement with T-Mobile over data throttling allegations involving its mobile internet services. He also examines another unusual “admonishment” and other enforcement items from September and October.
Oct 27, 2016•13 min
This podcast is the first in what will be a regular series devoted to covering noteworthy developments relating to the Telephone Consumer Protection Act (TCPA). This series will cover decisions from the FCC and federal courts, as well as any TCPA-related activity on Capitol Hill. In this podcast, partners Steve Augustino and Alysa Hutnik and associate Jennifer Wainwright start off by discussing two recent FCC orders related to calls made by government contractors or for the purposes of collectin...
Sep 15, 2016•19 min
July was a busy month for the Enforcement Bureau, bucking the cliché of a quiet summertime in Washington D.C. In this podcast, partner Steve Augustino examines five enforcement actions: an NAL issued against AT&T for E-rate violations, a consent decree with AT&T over cramming practices, an unusual “admonishment” of Momentum Telecom Inc. for failing to pay Universal Service Fund Assessments, a consent decree agreed to by Towerstream Corporation for operating wireless facilities without a ...
Aug 22, 2016•17 min
When the United States Court of Appeals for the D.C. Circuit upheld the Federal Communications Commission’s 2015 Open Internet Order in June, it extensively applied Chevron deference in its decision. The controversial case has re-ignited the debate about whether Chevron provides too much deference to federal agencies, even as they are left applying aging statutes to new technologies and situations. In this podcast, communications partner Hank Kelly and associate Jennifer Holtz talk about the Che...
Aug 11, 2016•10 min
As our blog, CommLaw Monitor, has frequently covered, FCC Enforcement has been a significant and controversial area under Chairman Wheeler. We have seen a trend toward higher profile enforcement actions, often with proposed fines in the tens of millions of dollars, and settlements with stricter terms than in the past. In this podcast, partner Steve Augustino introduces a new monthly Kelley Drye Full Spectrum series in which we will examine two or three interesting actions recently released by th...
Jul 14, 2016•11 min
On June 14, 2016, the United States Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order, which classified broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act of 1934, and imposed on providers a slate of “open Internet” and traditional common-carrier regulations. In this podcast, Jennifer Holtz and Jameson Dempsey, associates in Kelley Drye & Warren’s Communications Group, review the challenges to the ...
Jul 07, 2016•19 min
In March the FCC adopted a Notice of Proposed Rulemaking to create privacy rules for broadband service providers. While the FCC and its supporters argue that these proposed rules will spur increased broadband use and investment through the “virtuous cycle,” many in the industry are concerned about overly prescriptive rules and the creation of an unfair playing field for broadband providers in the digital marketing place. In this podcast, John Heitmann, Kelley Drye’s communications practice group...
Jun 27, 2016•13 min
New Enforcement Bureau Chief, Travis LeBlanc, took the FCC by storm when he assumed his position in 2014. In this podcast, Communications partner Steve Augustino provides a review of LeBlanc’s second year running the Enforcement Bureau. Mr. Augustino addresses the trends in enforcement over the past year and the emergence of an unlikely critic of the FCC’s enforcement practices. Subscribe to Kelley Drye’s Full Spectrum podcasts to keep up to date on the latest trends and topics in communications...
Jun 16, 2016•22 min
In late April, the FCC released an order undertaking a sweeping overhaul of the Lifeline Universal Service phone program, expanding supported services to include broadband, and making a number of changes to the program’s administration. In this podcast Josh Guyan will walk through these changes, and what they mean for Lifeline service providers. Be sure to check back for future podcasts taking in-depth looks at particular changes to the Lifeline program.
May 16, 2016•15 min
While the battle between the FBI and Apple over unlocking the iPhone of one of the San Bernardino shooters has largely subsided, the dispute is only the opening act of a larger discussion of government needs versus consumer privacy. In this podcast Steve Augustino will explain the importance of the FBI’s reliance on the All Writs Act of 1789, the potential fallout of this case, and where technology is outpacing existing privacy law.
Apr 12, 2016•10 min
If you are a telecommunications provider in the United States, you never know when you may be audited by the Universal Service Administrative Company. In this podcast Steven Augustino and Denise Smith provide an overview of Universal Service Fund audits, detail the process and timeline of an audit, and offer helpful tips to survive an audit. For more you can also listen to Kelley Drye’s 7th Annual Universal Service Update webinar, available at www.kelleydrye.com
Mar 14, 2016•23 min
