On February 26, 2015, the Federal Communications Commission (FCC) approved, by an expected 3-to-2 vote, an order adopting, for the second time, rules to ensure an Open Internet. As we wrote last summer, the FCC recommenced its consideration of Open Internet rules after its previous order was vacated by the DC Circuit in January 2014 in Verizon v. FCC, No. 11-1355.
Washington, DC — On February 24, 2015, Arent Fox LLP obtained summary judgment for CallFire, Inc. when a federal judge ruled the cloud telephone service provider could not be liable in a class action lawsuit that claimed the company violated the federal Telephone Consumer Protection Act (TCPA) and Washington State law.
The Federal Communications Commission (FCC) issued a Public Notice on February 9, 2015, reminding telecommunications companies that the deadline for filing annual certificates of compliance with the Customer Proprietary Network Information (CPNI) rules is March 1, 2015. The FCC includes the following types of providers in its non-exhaustive list of filers: telecommunications carriers, interconnected Voice over Internet Protocol (VoIP) providers, commercial mobile radio providers (CMRS), interexchange carriers, prepaid calling card providers, resellers, and calling card providers.
Certificates must contain an officer’s signature attesting that he or she has personal knowledge that the company has established procedures to protect CPNI, as well as a description of those procedures. Further, the company must describe any actions taken against data brokers in 2014, as well as any customer complaints received regarding CPNI.
On January 15, 2015, the Federal Communications Commission’s (FCC) Notice of Proposed Rulemaking (NPRM) regarding the scope of its definition of “multichannel video programming distributors” (MVPDs) was published in the Federal Register. Initial comments are due February 17, 2015, and reply comments are due March 2, 2015.
The Federal Communications Commission (FCC) has announced that its Form 477 Filer Interface has reopened and is available to accept Form 477 data as of June 30, 2014. The new filing deadline is December 11, 2014. Filers who had completed their Form 477 filings prior to the Filer Interface closing on September 26, 2014 are not required to resubmit their data, while those who had started to submit data prior to the closing of the Filer Interface will not need to re-upload any files nor re-enter any data.
Entities that are required to file Form 477 include: Providers of wired or fixed wireless local exchange services; facilities-based providers of broadband connections to end users; providers of interconnected Voice over Internet Protocol (VoIP) services to end users, and facilities-based mobile providers.
Yesterday, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, Federal Communications Commission (FCC) Chairman Tom Wheeler, and two state attorneys general representing all 50 states and the District of Columbia held a press conference to announce a significant enforcement action against AT&T Mobility for unlawfully billing customers for unauthorized third-party charges, also known as “cramming.”
At the press conference, the officials announced a $105 million settlement with AT&T to resolve state and federal mobile cramming investigations. AT&T will pay $80 million to the FTC, which will administer refunds to consumers, $20 million in penalties to the 50 states and DC, and $5 million in penalties to the FCC. This is the largest cramming settlement and largest FCC enforcement action in history.
The Federal Communications Commission (FCC) announced that it is extending the deadline for the Local Telephone Competition and Broadband Report, commonly known as FCC Form 477, indefinitely while the Wireline Competition Bureau works to resolve a number of technical difficulties that the filing portal experienced last week. The filing was originally due October 1, 2014. The FCC will release a new deadline date once the portal is operational again.
The FCC Annual Regulatory Fees are due Tuesday, September 23, 2014. All FCC licensees, with some very limited exceptions, must pay this fee. Payments must be received by the FCC by 11:59 p.m. Eastern Time on that day or be subject to a mandatory 25 percent late payment fee. All Interstate Telecommunications Service Providers (ITSPs) and other FCC licensees must log into the Commission’s Fee Filer System in order to review their invoices. No paper bills will be sent. Further, the FCC will only accept payment of the Annual Regulatory Fee electronically.
This Telecom Deadlines and Headlines advises you of upcoming deadlines for your Annual Regulatory Fees submission and 477s, as well as ETCs’ deadline to comply with the one-per-household rule, and recaps recent agency and judicial actions regarding the TCPA and rural broadband.
This Telecom Deadlines and Headlines advises you of upcoming deadlines for various reporting requirements and comment cycles, and recaps recent agency and judicial actions regarding the TCPA, TSR, and USF exemption certificates.
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