Lead petitioner ACA International hailed partial reversal of an FCC 2015 robocalling order, under the Telephone Consumer Protection Act, by the U.S. Court of Appeals for the D.C. Circuit Friday (see 1803160006). ACA "is extremely pleased by the court’s thoughtful and careful consideration of the arguments the credit and collection industry made," said CEO Mark Neeb: The ruling "supports legitimate, law-abiding businesses and recognizes that technological advancements in the ways people communicate are good for society.” The FCC's Republican majority and industry parties had also praised the unanimous court ruling overturning smartphone and reassigned-number decisions of the 2015 order while affirming an agency standard for revoking consumer consent and the scope of an exemption "for time-sensitive healthcare calls" (see 1803160053). A Wiley Rein blog post of takeaways (it also did a ruling overview) said the court "signaled that it would be receptive to an FCC construction of the TCPA’s autodialing prohibitions that potentially would exclude from TCPA liability calls made using a wide variety of technologies that the FCC’s prior approach had included, including predictive dialers, preview dialers, or other dialing mechanisms involving human intervention." Attorneys Scott Delacourt and Eve Reed said of the reassigned numbers reversal: "This ruling is also potentially significant, in that it rejects the idea that calling parties should be deemed to know that they have called a reassigned number even if a single call does not provide them with actual notice that reassignment has occurred. The Court suggested that the FCC has identified a path forward on reassigned numbers with its proposal for a reassigned number database." On a reasonable opt-out standard, they wrote: "Although affirming the FCC, the Court’s ruling should provide some protection to callers from consumers who choose 'unconventional' methods of expressing their desire to opt-out of receiving autodialed calls where user-friendly means are available." Mozilla Fellow Gigi Sohn tweeted the ruling "demonstrates mostly how outdated the law is. Does Congress have the guts 2 update it?"
FCC Republicans welcomed partial court reversal of a 2015 robocalling order that fleshed out regulations for the Telephone Consumer Protection Act's general prohibition against using automated dialing devices to make uninvited calls. Chairman Ajit Pai said he's "pleased" the U.S. Court of Appeals for the D.C. Circuit Friday rejected the prior commission's "misguided decision" and "regulatory overreach." Commissioner Mike O'Rielly, who along with Pai dissented in 2015, said he's "heartened" by the ruling, and Commissioner Brendan Carr said the court "corrected" an error. They favored further FCC actions to combat illegal robocalling, as did Democratic Commissioner Jessica Rosenworcel, though she didn't extol the court decision. Some telecom industry attorneys also hailed the ruling while consumer advocates were wary.
FCC staff granted Puerto Rico Telephone Co. a hurricane-related waiver after denying a petition for a grace period on a Connect America Fund three-year buildout deadline. "This is a common sense decision that forgives PRTC from paying back CAF Phase I support that was spent on broadband equipment much of which was destroyed by hurricane Maria,” emailed PRTC counsel Tom Navin of Wiley Rein. PRTC in February 2017 asked the agency to clarify that recipients of CAF Phase I Round 2 incremental broadband-oriented subsidy support can receive the same one-year grace period for meeting buildout requirements as CAF II recipients do in certain cases, (see 1702230009). In April, PRTC suggested a waiver of a related rule. A Wireline Bureau declaratory ruling and order Tuesday in docket 10-90 denied both requests but on its own motion granted a "limited waiver of our rules such that no support will be recovered from PRTC for locations it served within a year of its Phase I incremental support deadlines." It cited devastation from hurricanes last fall: "Allowing PRTC to retain these funds will enable it to more speedily restore, improve, and expand its network to the benefit of Puerto Rico’s residents as the territory recovers from the storms."
The next U.S. ambassador to the World Radiocommunication Conference, set for Geneva Oct. 28-Nov. 22, 2019, likely won’t be named until almost a year from now, officials predicted. U.S. preparation is well underway, but the ambassador is generally designated late in the game. WRC-19 is widely viewed as perhaps the most important WRC ever because of its expected focus on 5G and harmonizing spectrum bands for the new generation of wireless. Robert Strayer, deputy assistant secretary of state-cyber and international communications and information policy, told a Wiley Rein conference last week that President Donald Trump plans to appoint an ambassador to head the U.S. delegation to the WRC (see 1803050054).
The Commerce Department strongly supports Doreen Bogdan-Martin as director of the ITU Telecommunication Development Bureau (ITU-D), NTIA Administrator David Redl said Thursday. Bogdan Martin has been campaigning for the post, running one of the three ITU sectors (see 1710230052) in an upcoming ITU election. But Bogdan-Martin likely faces an uphill fight, since the ITU-D job usually goes to someone from Africa, and Americans have never had an easy time getting elected to ITU positions.
The State Department remains focused on ITU modernization, Robert Strayer, deputy assistant secretary for cyber and international communications and information policy, told a Wiley Rein conference Monday. Strayer said it's critical for the U.S. to promote the election of an American, Doreen Bogdan-Martin, to a top leadership role at the ITU (see 1710230052). The U.S. also wants better oversight in general of the issues on which the ITU is focused, he said.
The FCC’s draft NPRM on mid-term equal employment opportunity reports is expected to receive broad support from all commissioners, and a draft item eliminating requirements for hard copies of FCC rules should be approved unanimously, possibly even before Thursday’s commissioners’ meeting (see 1801310065), FCC officials told us. Docket 17-105 has seen little activity on either issue since the items were put on the February agenda. Both are seen as minor and noncontroversial, said Wiley Rein broadcast attorney Greg Masters.
Alphabet hires for Google Fiber/Webpass Dinni Jain, ex-Time Warner Cable, as CEO, Access ... Sam Black detailed to Senate Commerce Committee minority staff from Office of Management and Budget and working now with Space Subcommittee staff; past employers include Satellite Industry Association ... Wiley Rein re-adds Federal Election Commissioner Lee Goodman, named partner and member, Election Law & Government Ethics Practice, including working on free speech, effective Feb. 20; Goodman's last day at FEC is Feb. 16, spokeswomen for the agency and the law firm tell us ... AT&T moves Judy Dobies to director-general manager-national business for the Mid-Atlantic region ... WOW hires Nancy McGee, ex-Starz Entertainment, as chief marketing and sales officer.
CTA, groups representing drone makers and users and aviation industry associations asked the FAA to investigate a video that shows an unmanned aircraft system (UAS) flying directly above an airliner making its final approach at McCarran International Airport in Las Vegas. A video hit the internet Friday. “This careless and reckless behavior endangers the safety of our airspace for all users,” said Monday's letter to acting Administrator Daniel Elwell, included in an email blast the next day. “We urge the FAA to use its full authority to investigate, identify, and apprehend the operator of this UAS flight and prosecute them to the fullest extent of the law. We also encourage the FAA to work with law enforcement in Las Vegas and Nevada to pursue all applicable charges within their authority.” The agency said it's investigating. “Although details are still emerging about the nature of the operations, it seems certain that the stunt violated FAA regulations,” blogged Wiley lawyers Sara Baxenberg and Josh Turner. “The only questions appear to be which ones, and how many?”
The FCC Media Bureau circulated an NPRM Monday seeking comment on creating a new C4 class of FM stations, said Chairman Ajit Pai in his address to a Multicultural Media, Telecom and Internet Council event Tuesday. “This reform could allow hundreds of Class A FM stations to broadcast with increased power.” There was "a lot of talk during previous administrations about trying to take action to promote ownership diversity -- but there was little to nothing done,” Pai said. “I am determined that the FCC on my watch will take concrete steps to create a more diverse communications industry.”