The FCC added five state attorneys general to the commission’s privacy and data protection task force Monday. Massachusetts' Andrea Campbell (D), Maine's Aaron Frey (D), Vermont's Charity Clark (D), Delaware's Kathy Jennings (D) and Indiana's Todd Rokita (R) joined AGs from five other states and the District of Columbia on the task force, enabling collaboration among the AGs and FCC Enforcement Bureau on privacy and cybersecurity investigations, the FCC said. “Success on this front requires strong partnerships between federal enforcement officials and state leaders,” said FCC Chairwoman Jessica Rosenworcel.
Fraud isn't a valid reason to reject an FCC proposal requiring that all mobile wireless providers unlock handsets, as there are ways to reduce fraud risk, according to the cable industry. In a docket 24-186 filing Monday, it urged a 180-day period after a provider initiates service before unlocking is required, instead of the FCC's proposed 60 days. It said the shorter span often isn't enough time for a customer to identify fraud, such as through an unauthorized credit card charge, and get the issue resolved before the handset gets unlocked. It said the agency also should make clear a provider has the ability to decline an unlocking request if it has a good-faith belief the handset is subject to fraud. Cable representatives want a transition period of at least six months before unlocking rules take effect, letting providers update their internal procedures. The filing recapped meetings NCTA, Comcast, Charter and Cox Communications conducted with the offices of FCC Chairwoman Jessica Rosenworcel, Commissioners Brendan Carr, Geoffrey Starks and Nathan Simington and with Office of Engineering and Technology and Wireless Bureau staff.
Citing "unanticipated and exorbitant inflationary effects of network construction," Cable One is dropping out of the rural deployment opportunity fund program in Idaho, while Fidelity Cablevision is doing the same in Missouri, according to nearly identical docket 20-34 letters Friday. Cable One -- authorized to receive $3,225,684 in RDOF support over 10 years for 863 locations in Idaho -- said it has made "significant investment" in the state, but "the planned RDOF deployment in Idaho is no longer viable due to unforeseeable costs that have increased dramatically since the conclusion of the RDOF auction." Fidelity -- authorized to receive a total of $37,979 in RDOF support over 10 years for 39 locations in Missouri -- used identical language about its planned Missouri deployment. Both said the requested blanket amnesty relief that the FCC declined would have solved those inflationary pressures. In July, the FCC Wireline Bureau said no one had shown a need for widespread relief from RDOF and Connect America Fund Phase II default penalties, and thus it wasn't providing a blanket amnesty.
Noting the lower 37 GHz band's importance to Starry's fixed wireless access operations, CEO Alex Moulle-Berteaux discussed lower 37 GHz coordination regime with Commissioner Brendan Carr and other FCC staff. Moulle-Berteaux urged a two-phase coordination process modeled on the existing 70/80 GHz band and largely following the process outlined in the recent lower 37 GHz band public notice (see [Ref;2408090034]), said the docket 24-243 filing Friday. That approach would let users and services develop technologies in the band, while allowing co-equal co-primary coordination into the band, he said. Starry said tweaks could come over time, reflecting better dynamic sharing technology and allowing more intensive use. Company officials also met with the offices of the other four commissioners and staffers from the Wireless Bureau and Office of Engineering and Technology.
Consumer and public interest groups on Friday asked the FCC to act on a handset unlocking mandate, proposed in a July NPRM (see 2407180037). “Wireless users are subject to unnecessary restrictions in the form of locked devices, which tie them to their service providers even when better options may be available,” the letter said: “Handset locking practices limit consumer freedom and lessen competition by creating an artificial technological barrier to switching providers.” Among the 15 groups signing on were Public Knowledge, New America’s Open Technology Institute, Consumer Reports, the National Consumers League, the National Consumer Law Center and the Benton Institute for Broadband & Society. T-Mobile, meanwhile, warned that the mandate would harm consumers. It estimates prepaid customers “would see subsidies reduced by 40% to 70% for both its lower and higher-end devices, such as the Moto G, Samsung A15, and iPhone 12,” said a filing made Thursday in docket 24-186: “A handset unlocking mandate would also leave providers little choice but to limit their handset offers to lower cost and often lesser performing handsets.” T-Mobile also questioned whether the FCC has the legal authority to impose the rules. Company representatives spoke with staff from the FCC Wireless Bureau and Office of Economics and Analytics.
A bipartisan group of 51 attorneys general warned iDentidad Telecom Friday that they could take enforcement action should the company continue transmitting illegal robocalls. The FCC sent iDentidad a cease-and-desist letter the same day. iDentidad should immediately stop transmitting illegal traffic, said the AGs' Anti-Robocall Multistate Litigation Task Force in a letter. It warned of possible violations of state consumer protection laws and the federal Telemarketing Sales Rule, Telephone Consumer Protection Act and Truth in Caller ID Act. The FCC and FTC sent similar warnings in November (see 2401300066). Call traffic data from USTelecom’s Industry Traceback Group “shows that it issued at least 190 traceback notices to iDentidad since 2021 … for calls it originated, accepted, and/or transmitted onto and across the U.S. telephone network,” including more than 60 after the FCC and FTC warnings, wrote North Carolina Special Deputy AG Tracy Nayer in the task force letter: The notices “cited recurrent high-volume illegal and/or suspicious robocalling campaigns concerning, in part, IRS/SSA government imposters, tax relief, financial impersonation, private entity imposters, Chinese-language delivery and impersonations, and utilities disconnect scams, with iDentidad serving as the gateway provider for almost 90% of this call traffic.” Also, the company reported receiving illegal or suspicious robocalls directly from foreign service providers not listed in the FCC robocall mitigation database, said Nayer. The FCC Enforcement Bureau warned iDentidad that failure to comply “may result in downstream voice service providers permanently blocking all of Identidad’s traffic.” Also, the commission notified all U.S.-based voice providers that they are permitted to block robocalls transmitted from iDentidad if the company fails to mitigate the traffic. Chairwoman Jessica Rosenworcel said, “Federal and state cooperation is critical for protecting consumers. We cannot allow scammers to target families with fake ‘transaction alerts’ from credit card companies and money transfer services.” Separately, North Carolina AG Josh Stein (D) sued Club Exploria in state court for allegedly spamming more than 1 million people without consent. “Club Exploria broke the law to bombard North Carolinians with robocalls,” said Stein Friday.
The U.S. Supreme Court’s decision to grant certiorari earlier this month in a case from the 9th U.S. Circuit Court of Appeals, McLaughlin Chiropractic Associates v. McKesson, could have implications beyond the FCC’s legal interpretation of the Telephone Consumer Protection Act, legal experts told us. SCOTUS began its current term Oct. 7.
ESPN faces a proposed $146,976 fine for using emergency alert system tones in a promo spot that ran repeatedly in October 2023 touting the start of the 2023-2024 National Basketball Association season, an FCC Enforcement Bureau notice of apparent liability said Thursday. FCC Commissioner Nathan Simington, who has said he would dissent from monetary forfeitures until the agency examines the boundaries of its enforcement authority (see 2409060054), dissented. ESPN didn't comment.
Gail Slater, an economic adviser to Sen. JD Vance, R-Ohio, is in consideration to serve as FTC chair if Donald Trump becomes president again, but the two sitting Republican commissioners will likely get first consideration, former FTC and White House officials told us in interviews this week.
With OneWeb backing O3b's proposed short-term non-geostationary orbit satellite interference metric, it's the only short-term metric before the FCC to have support from a third party, O3b officials told the offices of Commissioners Nathan Simington and Anna Gomez, according to a docket 21-456 filing Tuesday. O3b said its approach can provide protection for all established NGSO systems, not just its own. O3b representatives told FCC Space Bureau staffers the company would urge that the FCC seek comment on an appropriate short-term interference metric in a Further NPRM, allowing parties to weigh in on different proposals. O3b said the FCC should defer a decision on the appropriate short-term interference metric as that would allow the agency to ensure an adequate record.