Technology, Communications & Media

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

Federal agencies took several actions this week to spur broadband deployment, helping to alleviate what the pandemic has already highlighted – Americans need greater access to reliable, high-speed Internet services to continue to engage in the virtual activities, such as telehealth and distancing learning, that have now become a normal part of our daily lives.

District Courts are slowly clarifying the effect of Facebook, Inc. v. Duguid on cases in both the pleading and summary judgment stages of litigation.

As part of its efforts to combat illegal robocalls, the FCC signed the “Mutual Assistance in the Enforcement of Laws on Certain Unlawful Communications” Memorandum of Understanding (“MOU”) with the Australian Communications and Media Authority (“ACMA”).

This edition discusses an online portal for submitting information about suspected robocalling and ID spoofing; the Senate’s Deter Obnoxious, Nefarious and Outrageous Telephone (DO NOT) Call Act (S. 1913), which could impose strict new penalties for TCPA violations; a Memorandum of Understanding with the Australian Communications and Media Authority that may help coordinate a global approach to unlawful robocalls and spoofing; and recent district court rulings that may help clarify the impact of the Supreme Court’s Facebook decision on future TCPA-related litigation.

The Deter Obnoxious, Nefarious and Outrageous Telephone (DO NOT) Call Act (S. 1913) seeks to impose strict new penalties for violations of the Telephone Consumer Protection Act (TCPA).

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

The May 2021 TCPA Digest discusses a proposal to speed up STIR/SHAKEN implementation for small voice service providers, a proposed protective order to safeguard confidential information submitted to the FCC’s Robocall Mitigation Database (RMD), and a Sixth Circuit case confirming that a company can’t be liable in a junk-fax case unless it has some knowledge that an unsolicited fax has been sent.

Commission Considering Reduced STIR/SHAKEN Extension for Small Providers

Sixth Circuit Demands “Some Level of Knowledge” for Liability in Junk-Fax Cases, Confirms TCPA Reaches e-Faxes

Commission Seeks Input on Protective Order for Robocall Mitigation Database

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

The Federal Communications Commission (FCC) released a Public Notice announcing that the application filing window for Round 2 of its COVID-19 Telehealth Program will run for seven days starting April 29, 2021. The application portal will open at noon ET on Thursday, April 29, and close one week later at noon ET on Thursday, May 6. Round 2 of the FCC's COVID-19 Telehealth Program will make an additional almost $250 million available to fund telehealth and connected care services provided by eligible providers during the ongoing COVID-19 pandemic.

The FCC issued a record $225 million fine against a pair of robocallers and its Enforcement Bureau issued cease-and-desist letters to eight voice providers.

A U.S. magistrate judge recommended against dismissing a TCPA case involving text messages sent with technology that can store and dial telephone numbers using a random or sequential generator based on the Court’s Facebook v. Duguid ruling.

Read about a joint statement issued by Congressional lawmakers about their plans to introduce legislation to counter the U.S. Supreme Court’s ruling in Facebook v. Duguid, which held that under the TCPA, an automatic telephone dialing system must be able to perform random or sequential number generation.

The April 2021 TCPA Digest discusses the FCC’s record $225 million fine against a pair of robocallers, Congressional lawmakers’ response to the SCOTUS Facebook auto-dialer ruling, compliance dates for the TRACED Act, and a U.S. magistrate judge’s recommendation, based on the Facebook ruling, not to dismiss a TCPA case.

Read about an FCC order requiring compliance with Section 10 of the TRACED Act by May 6, 2021 and the January 1, 2022 deadline for voice service providers to implement systems to notify callers immediately when calls are blocked.

On March 29, 2021, the Federal Communications Commission (“FCC” or “Commission”) adopted an Order establishing rules and procedures for Round 2 of the COVID-19 Telehealth Program (the “Program”) to continue supporting telehealth services, which have proved to be so vital during the COVID-19 pandemic. In a News Release accompanying the Order, FCC Acting Chairwoman Jessica Rosenworcel highlighted that “[t]his past year has proven, without a doubt, that telehealth technology is critical to helping address inequities in access to health care services” and that Round 2 of this program will help address these challenges “head on.”

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.