Howard Buskirk

The FCC revised a 2020 order limiting the number of exempted non-telemarketing robocalls to three to any residential phone from any caller within a 30-day period (see 2012300043) to allow both oral and written consent to exceed the limit, in an order posted Tuesday. Commissioners approved the order Friday. ACA International and the Enterprise Communications Advocacy Coalition had sought revisions. The FCC declined to revise “any of the numerical limitations on the number of exempt non-telemarketing calls to residential lines that we established” in the Telephone Consumer Protection Act exemptions order. “We also conclude that the differing numerical limitations for different categories of exempt calls to residential lines are both constitutional and necessary to advance the health and safety of consumers.” The FCC also retained the opt-out requirements for exempt informational calls. The agency said it wouldn’t revisit the limitations on package delivery notifications to wireless numbers in place since 2015 and confirmed that the commission’s 2016 declaratory ruling on calls by utilities to wireless numbers applies equally to similar calls made to residential lines. “We agree with petitioners and commenters that there is no reason for the consent requirements for informational calls to residential lines to differ from the consent requirements for informational calls to wireless numbers, which allow for either oral or written consent,” the order said: “In addition, as some commenters note, to extend the written consent requirement to informational calls that include calls from utilities and healthcare providers could impair the ability of these callers to provide important public safety information to consumers.” The FCC said it wasn’t convinced it should revise the numerical limits on such calls. “As the TCPA Exemptions Order emphasized, limiting the number of exempted calls to residential lines will greatly reduce interruptions from intrusive and unwanted calls and reduce the burden on residential telephone users to manage such calls,” the order said. Limiting the number of calls “strikes the appropriate balance between these callers reaching consumers with valuable information and reducing the number of unexpected and unwanted calls consumers currently receive and thus restoring trust in the residential landline network and advancing health and the safety of life,” the FCC said.

All four FCC commissioners have now voted to approve an NPRM seeking comment on rule revisions tied to the need of operators of unmanned aircraft systems for licensed spectrum. Commissioners Brendan Carr and Nathan Simington OK'd the item late last week, and it’s expected to be released after the Christmas holiday, officials said.

The FCC’s NPRM on more precisely routing wireless 911 calls and texts to public safety answering points through location-based routing (LBR), approved 4-0 Wednesday (see 2212210047), was largely the same as the draft. The NPRM was posted Thursday. One change of note is that several questions were tweaked to seek information on covered text providers, in addition to commercial mobile radio service (CMRS) providers. “Should we require CMRS and covered text providers to report information on misrouted 911 calls and texts?” the NPRM asks: “We also seek information on planned or expended costs by CMRS providers and covered text providers that have voluntarily implemented or plan to implement location-based routing to any extent on their networks.” Among other tweaks, the NPRM now notes that conclusions on cost estimates, based on data from T-Mobile, are only tentative. “T-Mobile states that it deployed location-based routing to some PSAPs and not others, so we rely on this statement in tentatively concluding that CMRS providers implement location-based routing at the PSAP level and CMRS providers incur material costs on a per-PSAP basis,” the NPRM says. “We seek comment on this tentative conclusion.” Only Chairwoman Jessica Rosenworcel and Commissioner Geoffrey Starks had written statements. Comments are due 30 days after Federal Register publication, replies 30 days after that.

All four FCC commissioners expressed support Wednesday for proposed rules to more precisely route wireless 911 calls and texts to public safety answering points through location-based routing (LBR). The NPRM wasn’t controversial while before commissioners, though industry is expected to weigh in during the comment period (see 2212200064).

All has been quiet on the FCC’s proposed NPRM on location based routing (LBR) to public safety points, set for a vote Wednesday (see 2211300072). Industry officials said they expect the FCC to approve the NPRM largely as circulated by Chairwoman Jessica Rosenworcel, especially since there has been no lobbying.

Fines proposed by FCC Chairwoman Jessica Rosenworcel against the major wireless carriers for allegedly failing to safeguard data on their customers' real-time locations have apparently stalled, according to a document we viewed. Commissioners haven't voted to approve the fines, though fellow Democrat Geoffrey Starks voted yes, the document shows. It confirms that Rosenworcel circulated an order in September (see 2209090028). Public interest groups want action.

The FCC Hearing Aid Compatibility Task Force recommended what the group says is a path to 100% compatibility for wireless handsets. The group started work in 2020 (see 2002070027). “Consumer advocates and industry representatives worked hand-in-hand for years to offer the FCC a path forward to 100% handset compatibility, per our charter,” said James Craig, task force chair and manager-accessibility standards at Apple, Friday. “We are confident that the recommendations outlined in this report will help ensure the best outcome for all Americans, especially those with hearing loss who rely on this technology," Craig said. Industry groups also applauded the report. “Wireless offers opportunity and connectivity to Americans of all abilities, needs and situations,” said CTIA President Meredith Baker: “This report is the result of years of strong collaboration between the accessibility community and the wireless industry that promotes innovation, reflects marketplace developments and will benefit consumers with hearing loss.” Groups participating include the Competitive Carriers Association, CTIA, the Hearing Loss Association of America, the National Association of the Deaf, Telecommunications for the Deaf and Hard of Hearing, and the Telecommunications Industry Association. The report recommends a revised definition of HAC to say a compatible handset “(a) has an internal means for compatibility (b) that meets established technical standards for hearing aid coupling or compatibility, and (c) is usable.” The FCC should also “consider, along with a more flexible definition of HAC, factors such as ease-of-use, reliability, industry adoption, and consumer use and adoption when evaluating what technical standards meet the above proposed HAC definition,” the report said. For the short-term, the task force recommends “a limited, interim waiver of current transition to the 2019 ANSI Standard that allows wireless handsets to meet a modified volume control test that ensures increased amplification for hearing device users until the TIA 5050 standard has been revised and adopted into the FCC’s rules.” It asks the commission to “adjust the deployment benchmarks for manufacturers (four years from the effective date of an FCC order based on this report) and for service providers (five years from the effective date of an FCC order).” The FCC should also “incorporate” into its rules “an adjusted volume control testing method that accomplishes the goal of increased amplification (i.e., need articulated by user advocates) with an updated testing methodology that better reflects modern wireless handset technologies and operation.”

Inmate calling services providers and advocacy organizations disagreed whether the FCC should establish rules to better facilitate refunds of inactive accounts, in comments posted Friday in docket 12-375 (see 2211140038). Some groups sought additional information from ICS providers after the third mandatory data collection, and urged better access to telecom relay services for incarcerated individuals with disabilities.

Former FCC Chairman Tom Wheeler, now a Brookings Institution visiting fellow, and David Simpson, FCC Public Safety Bureau chief under Wheeler, called for a more focus on the risks posed by 5G, during a Brookings in-person and virtual event Thursday. The two released a paper earlier this week on making 5G more secure. They were joined by Joyce Corell, senior technology adviser to the White House cyber director, who said the administration is working to get on top of 5G security.

The FCC’s Communications Security, Reliability and Interoperability Council approved three working group reports Thursday on making networks more secure, including open radio access networks, at its final meeting of the year. CSRIC approved two other reports in September (see 2209210074). The meeting was supposed to be partially in-person, for the first time since the start of the COVID-19 pandemic, but the FCC made it virtual because of an expected ice storm.