Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th meeting, including digital discrimination, pole replacement disputes, and the Connected Care Pilot Program. Look out for ongoing coverage of these...
Mar 17, 2022•27 min
In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin provide an update on the new FCC requirement for voice service providers to develop and implement robocall mitigation programs. Building on their Episode 7 discussion of the STIR/SHAKEN framework, Steve and Chris discuss when providers need to implement mitigation programs and what needs to be included. They also offer recommendations for customizing a program to fit a provider’s needs and ...
Mar 19, 2021•29 min
On December 8, 2020, the Supreme Court will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system (ATDS). In this latest episode of the Inside the TCPA series, Partners Steve Augustino and Paul A. Rosenthal set the stage for the case and discuss the FCC actions leading up to the current status of the ATDS definition. In the second part of this podcast, originally recorded for Kelley...
Dec 07, 2020•24 min
In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers, including what might be ahead in 2021.
Nov 20, 2020•27 min
The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode, Communications Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational and policy changes under the next administration. The conversation features the future of the digital divide, the race to 5G, Section 230, anti-robocall activities, and...
Oct 22, 2020•33 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Special Counsel Brad Currier feature a “decision of the month” illustrating key FCC enforcement trends. For September, they cover the proposed fine against BarrierFree, where the FCC took a hard look at broadband reporting requirements and the continuing violation theory. Steve and Brad discuss why all providers should pay attention to the BarrierFree decision and offer lessons for providers and o...
Oct 02, 2020•30 min
Earlier this year, Facebook agreed to pay $550 million to settle an Illinois class action alleging that the company collected facial recognition data of users without disclosure, in violation of the state’s 2008 Biometric Information Privacy Act (BIPA). That large of a payment grabbed attention of both companies and the plaintiffs’ bar. In this episode, Special Counsel Mike Dover and Senior Associate Janine Fletcher-Thomas discuss biometric privacy rights with a special focus on Illinois’ BIPA, ...
Jul 30, 2020•16 min
On April 2, 2020, the FCC issued a Report and Order establishing the COVID-19 Telehealth Program. The program will provide $200 million in funding, appropriated by Congress as part of the CARES Act, to help health care providers provide connected care services to patients at their homes or mobile locations. In this episode, Partner John Heitmann and Special Counsel Denise Smith discuss healthcare provider eligibility criteria, funding coverage, and key application considerations. They also provi...
Jun 15, 2020•22 min
With the COVID-19 economic disruptions and Chairman Pai’s Keep Americans Connected Pledge, planning for the possibility of telecom customers filing for bankruptcy takes on increased importance. In this episode, we provide an overview of the bankruptcy process and the rights and responsibilities of communications service providers when their customers enter into bankruptcy protection. Communications Partner Steve Augustino is joined by Partner Jason Adams and Associate Meaghan McLoughlin from Kel...
May 06, 2020•27 min
In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Senior Associate Brad Currier take a closer look at shifting strategies to provide effective enforcement of TCPA violations. Unlike TCPA actions of the past, which focused primarily on the entity that is placing the call, these new TCPA actions rely upon new approaches to enforcement, involving both new targets and new enforcers. Steve and Brad discuss how the government (importantly, not just the FCC) is looking “...
Feb 18, 2020•24 min
Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Following their recent episode on the FCC’s C-Band Proceeding addressing use of the 3.7-4.2 GHz spectrum range, Partners Chip Yorkgitis and Josh Guyan are back to discuss the recently released draft Report and Order, which is expected to be adopted at the FCC's February 28th meeting. The Order would transition the use of the C-Band to make the 280 megahertz from 3.7 – 3.98 GHz available for flexible ...
Feb 13, 2020•27 min
Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Recently, in a letter to Senator Kennedy (R-LA), Chairman Pai stated that he intends to conduct a public auction of the 3.7-4.2 GHz spectrum range (commonly referred to as the C-Band) that would clear 280 megahertz for flexible use to be allocated by auction and allot 20 megahertz to a guard band. In this episode, Associate Avonne Bell and Partners Chip Yorkgitis and Josh Guyan discuss the issues tha...
Feb 04, 2020•41 min
From smart homes and self-driving vehicles to drones and healthcare monitoring, Internet of Things (IoT) capabilities are a hot topic for both manufacturers and consumers. This episode spotlights one of the key areas for everyone involved – maintaining security of IoT devices. Partners John Heitmann and Steve Augustino discuss cybersecurity developments, like the National Institute of Standards and Technology’s (NIST) baseline recommendations for securable devices. John and Steve describe how NI...
Nov 08, 2019•15 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier cover a flurry of interesting enforcement items released late this summer. These include the first pure “cramming” action of Rosemary Harold’s tenure as Chief of the Enforcement Bureau, a Consent Decree violation, and more actions for causing interference to licensed operations. Steve and Brad also discuss recent high-profile enforcement actions stemming from the alle...
Sep 13, 2019•26 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier highlight a recent trend of FCC Commissioner taking enforcement matters into their own hands by launching investigations. While Commissioners have long used their position to bring attention to potential enforcement issues, they have recently begun directly targeting entities with detailed inquiries. Recent examples include Commissioner O’Rielly regarding E-Rate overb...
Sep 13, 2019•21 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier provide their takeaways from a recent Federal Communications Bar Association event featuring FCC Enforcement Bureau Chief Rosemary Harold and her deputies. The event provided insights on the Bureau’s key enforcement focus areas not available from the FCC’s public releases, including developments involving the Bureau's new Fraud Division, robocalling enforcement, and m...
Aug 09, 2019•25 min
“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode tackles a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, Partner Steve Augustino and Associate Chris Laughlin discuss the FCC’s efforts to reduce the volume of illegal robocalls. Steve and Chris refresh the audience on illegally spoofed calls and discuss the FCC’s efforts to urge carriers to implement call blocking and call authentic...
Jun 04, 2019•31 min
Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Thanks to technological advancements, a major development in recent years has been the growing prospects for innovative use of higher spectrum bands. In this episode, Associate Avonne Bell talks with Partners Chip Yorkgitis and Josh Guyan about the FCC’s heightened focus on millimeter wave spectrum. They discuss the connection to 5G, potential impacts on federal meteorological and passive services, t...
Apr 30, 2019•30 min
In February 2019, the FCC issued an Enforcement Advisory warning marketers of LED signs that their products must be authorized, properly labeled, and contain the required user disclosures before being marketed in the United States. The Enforcement Advisory followed a slew of enforcement actions in 2018 totaling hundreds of thousands of dollars in penalties against importers and retailers of LED signs for violations of the FCC’s equipment marketing rules. In this special edition of Full Spectrum’...
Apr 02, 2019•18 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier finish their recap of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part two of this episode features a deeper dive into FCC enforcement trends on revocation of authority and inability to pay claims, and takes a close look at the FCC’s expanded robocalling enforcement. This episode builds on the discussion in part one, ...
Jan 16, 2019•35 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part one of this episode focuses on the big picture in 2018 and the FCC's use of non-monetary tools to encourage adoption of industry best practices. After criticizing the prior administration for policymaking through enforcement and imposing excessive fine...
Jan 09, 2019•37 min
The FCC has now proposed, or imposed, over $200 million in fines for unlawful caller ID spoofing and TCPA violations. In this edition of “Inside the TCPA,” Partner Steve Augustino and Associate Brad Currier discuss how enforcement fits in as part of the overall FCC TCPA policy strategy. This discussion features an overview of recent enforcement actions, including those against Best Insurance Contracts/Philip Roesel and Affordable Enterprises of Arizona. Steve and Brad also explain the difference...
Nov 09, 2018•28 min
In this new series, our attorneys will provide a recap of recent industry conferences and their takeaways. This episode focuses on the 8th Annual SHLB Conference “Building the Future Bit x Bit” which took place October 10th-12th. The two and a half day conference attracted more attendees than any other year. Partner Josh Guyan attended with Partner Steve Augustino, who moderated the “E-Rate Service Provider Toolkit” panel at the event. Josh and Steve talk about key issues in E-Rate and rural hea...
Oct 25, 2018•29 min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier address the legal dangers facing entities that may be unfamiliar with telecommunications regulation. Steve and Brad focus on a multi-million dollar DOJ fraud prosecution involving the E-rate fund and a settlement of inadvertent transfers of FCC licenses occurring as a result of a transaction between two entities that are not traditionally seen as communications entities (in ...
Sep 24, 2018•28 min
“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode tackles a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, partner Steve Augustino and associate Jenny Wainwright discuss efforts by the FCC and private industry to limit the number of illegal calls that reach consumers’ phones. In particular, they give an overview of a 2017 FCC order that authorized carriers to block certain types of ...
Sep 12, 2018•29 min
Our "Spectrum Update" series takes a close look at hot topics and issues in wireless spectrum. In this episode, Partners Chip Yorkgitis and Josh Guyan discuss the hotly contested changes that are proposed and ongoing in the spectrum between 3.1 and 4.2 GHz in the U.S. There appear to be potential opportunities for commercial mobile to share these bands with current uses, but there are also calls for greater use of the bands for unlicensed and fixed wireless services. In many countries in Europe ...
Sep 05, 2018•26 min
The FCC recently reached a $5.25 million settlement with AT&T to resolve investigations into two 911 service outages that resulted in thousands of failed emergency calls. This edition of Full Spectrum’s series on FCC enforcement discusses the unexpected settlement and its implications on carrier network practices and the FCC's enforcement priorities. Partner Steve Augustino and Associate Brad Currier also cover LED sign enforcement, which has recently become an area of focus for the Pai FCC ...
Aug 08, 2018•20 min
“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, partner Steve Augustino and associate Jenny Wainwright discuss the consent issues before the FCC in the agency’s remand proceeding after the 2018 D.C. Circuit decision in ACA International. In addition, Steve and Jenny examine three other petitions pending before the agency...
Jul 18, 2018•34 min
The FCC returned to bread-and-butter enforcement issues such as cramming/slamming and equipment authorization while issuing a record fine for robocalling at the midway point of 2018. In this edition of Full Spectrum’s series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier tackle how the FCC’s “back to basics” approach compares to past administrations and why the FCC sometimes issues large fines that violators cannot pay. The discussion also highlights the dangers for light...
Jun 26, 2018•29 min
Kelley Drye introduces a new Full Spectrum series, “Inside the TCPA,” which will offer a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this inaugural episode, partner Steve Augustino and associate Jenny Wainwright discuss the definition of an autodialer or ATDS. This episode addresses the 2018 D.C. Circuit decision in ACA International and the FCC’s new proce...
Jun 19, 2018•28 min
