Advisories

Corporate Transparency Act: Key Questions Answered

The Corporate Transparency Act (CTA) has been a significant topic of discussion and concern for many businesses since its enactment. Given recent legal challenges and the complexity of its requirements, we aim to address the main questions that businesses and their advisors have at this time. Is the CTA Still in Effect, Given the Lawsuits […]

Update on CPUC Rulemaking Regarding the Licensing and Regulatory Obligations of VoIP Service Providers Operating in California

The California Public Utilities Commission (CPUC) is actively engaged in a significant rulemaking proceeding that will shape the future regulation of interconnected Voice over Internet Protocol (VoIP) services in California (and which may, as previously reported, create a snowball effect at other State Utility Commissions throughout the U.S.). This includes determining the regulatory framework for nomadic VoIP services—those […]

Implications of New White House “Time Is Money” Initiative for Businesses in the Cloud Contact Center and Customer Engagement Space

As detailed in a Fact Sheet posted to the White House website, the Biden-Harris Administration has recently launched a significant new initiative, “Time Is Money,” aimed at cracking down on corporate practices that add unnecessary hassles and costs for consumers. This government-wide effort targets various industries, including those involving customer service and automated systems, and could have […]

FCC Proposes First AI Robocall & Robotext Rules Seeking to Require Prior Disclosure and Consent to AI-Generated Marketing Communications

As AI technology advances, its use in generating content for robocalls and robotexts has raised concerns about the potential for fraud and scams. On Wednesday, the Federal Communications Commission (FCC, Commission) adopted a Notice of Proposed Rulemaking and Notice of Inquiry  for the use of AI-generated robocalls and robotexts, marking the Commission’s first rulemaking  directly […]

FCC Proposes Additional Improvements to Robocall Mitigation Database Requirements

On August 7, 2024, the Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) that proposed improvements to significantly strengthen the rules governing its Robocall Mitigation Database (RMD). As previously outlined in our client advisory, the Commission has been making continued efforts to impose changes to the RMD submissions. These rules aim […]

Sixth Circuit Court of Appeals Stays FCC’s Net Neutrality Rules; Sends Signal to Stakeholders that Plans to Regulate Broadband Services are D.O.A.

Yesterday, the Sixth Circuit Court of Appeals issued an Order staying the Federal Communications Commission’s (FCC) Open Internet Order. This order, which was scheduled to go into effect on July 22, 2024, was previously stayed until August 5. The Court found the stay prudent, indicating that the broadband providers challenging the decision are likely to succeed on the merits. Key […]

Deadline for ISPs to complete FCC Broadband Labeling is Approaching

In 2022 the Federal Communications Commission (FCC) established new broadband labeling requirements for internet service providers (ISPs) to ensure transparency and help consumers make informed decisions. These labels are designed to provide clear and concise information about broadband services, similar to nutrition labels on food products. Key Deadlines April 10, 2024: By this date, the […]

Recent False Claims Act Settlement Illustrates Legal and Financial Risks to Carriers for Failing to Abide by Cost-Allocation Requirements Set by FCC’s Universal Service Fund

The United States Department of Justice (“DOJ”) recently obtained a $6.5 million dollar settlement with telecom provider Armstrong Group for making false claims to the Federal Communications Commission (“FCC”). Armstrong and its affiliates allegedly manipulated cost-allocation reports submitted to the FCC’s Universal Service Fund (“USF”) High Cost Program, resulting in defendants receiving more in federal […]

FCC Announces Filing Date for Interoperable Video Conferencing Services Providers and Manufacturers for Recordkeeping and Contact Information

On July 29, 2024, the Federal Communications Commission (FCC) released a Public Notice establishing October 3, 2024, as the deadline for certain entities to file their information in the Recordkeeping Compliance Certification and Contact Information Registry (RCCCI Registry). This filing requirement applies specifically to providers and manufacturers of interoperable video conferencing services (IVCS), including video […]

USTelecom Critical of Fifth Circuit’s Ruling Declaring USF Fee Unconstitutional; Congress Urged to Pass Legislation to Preserve and Advance Universal Service; Join Zoominar Tomorrow for Discussion!

As our firm previously announced, the Fifth Circuit Court of Appeals recently ruled that the current Universal Service Fund funding mechanism is unconstitutional. This ruling has prompted major industry stakeholders to call on Congress to act swiftly in repositioning the fund for the future. USTelecom’s Appeal to Congress USTelecom – The Broadband Association, representing the industry’s […]

NTIA Opens Filing Window for $2.75 Billion Digital Equity Competitive Grant Program

On July 24, 2024, the National Telecommunications Industry Administration (“NTIA”) began accepting applications for its Digital Equity Competitive Grant Program. Applications from Eligible Entities must be received no later than September 23, 2024; U.S. Territories must submit their applications by October 22, 2024. As delineated in its Notice of Funding Opportunity, NTIA expects to begin […]

Fifth Circuit Court of Appeals Declares FCC’s Universal Service Fee Unconstitutional

On July 24, 2024, the en banc Fifth Circuit Court of Appeals issued its ruling in the Consumers’ Research v. FCC case declaring the Federal Communications Commission’s (FCC) Universal Service Fee (USF) to be unconstitutional. The court found that the structure and application of the USF, managed by the Universal Service Administrative Company (USAC), violates the nondelegation […]

TracFone Reaches $16 Million Settlement with FCC Over CPNI Breaches; FCC Highlights Importance of API Security

On Monday, the Federal Communications Commission (FCC, Commission) announced a significant settlement with TracFone Wireless, resolving investigations into the carrier’s data protection and cybersecurity practices. This development carries important implications for telecommunications providers and emphasizes the growing importance of API security. The settlement, formally called a Consent Decree, is available here. Key Settlement Details: TracFone will […]

FCC To Consider Stricter Rules for Robocall Mitigation Database Filings

On August 3, the Federal Communications Commission (FCC, Commission) will consider a Notice of Proposed Rulemaking (NPRM) seeking to propose and seek comment on additional procedural measures to increase quality of submissions in the Robocall Mitigation Database. The FCC explains that there is a great public interest in Robocall Mitigation Database submissions being complete, accurate, […]

Understanding the New NG911 Requirements for Service Providers

Last Thursday the FCC adopted new rules to transition to Next Generation 911 (NG911) technologies. NG911 marks a significant advancement in emergency response systems, utilizing modern IP-based technologies to improve the speed, reliability, and accuracy of emergency communications. These rules outline the specific requirements for service providers to facilitate this transition: Phase 1 Requirements Upon […]

FCC Seeks Comments on Proposed Rule Requiring Wireless Service Providers to Unlock Mobile Phones Within 60 Days of Activation

The Federal Communications Commission (“FCC” or “Commission”) yesterday adopted a Notice of Proposed Rulemaking (“NPRM”) that would compel all mobile service providers to unlock handsets 60 days after the handset is activated, unless within the 60-day period the provider determines the device was purchased through fraud. This requirement would apply to prepaid and postpaid handsets. […]