(Robo)Call Me Maybe: Robocalls to Wireless Phones Under the Telephone Consumer Protection Act

"Robocalls—calls placed using an automated dialing system or artificial or prerecorded voice—are on the rise. Advances in technology have made it cheaper and easier than ever to dial millions of consumers’ numbers in infinitesimal periods of time. Furthermore, with more consumers using their wireless phones as their primary, or only, contact number, the invasiveness of robocalls has increased because callers may now reach consumers wherever they go.

Enacted in 1991, the Telephone Consumer Protection Act (TCPA), as amended, is one of the primary federal statutes addressing robocalls to wireless phones. Other statutes, such as the Telemarketing Consumer Fraud and Abuse Prevention Act of 1994, also address phone calls consumers may consider intrusive, but are outside the scope of this sidebar. The TCPA vests the Federal Communications Commission (FCC) with authority to interpret and enforce the TCPA. In 2015, the FCC issued an order (2015 Order) interpreting certain aspects of the TCPA as they relate to robocalls. Recently, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), in ACA International v. Federal Communications Commission, overturned certain FCC interpretations of the scope and application of the TCPA in the 2015 Order. This sidebar briefly describes the provisions of the TCPA relating to robocalls and the 2015 Order, analyzes the D.C. Circuit’s decision, and addresses the FCC’s reaction to the decision and potential considerations for Congress..."
Robocalls

The Net Neutrality Debate: Access to Broadband Networks

"As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as “net neutrality.” While there is no single accepted definition of “net neutrality,” most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network.

The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt open Internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules was the decision to reclassify broadband Internet access service as telecommunications service under Title II, thereby subjecting Internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC’s 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full U.S. Appeals Court review was denied but parties have petitioned for U.S. Supreme Court review.

The FCC on December 14, 2017, adopted (3-2) an Order that largely reverses the 2015 regulatory framework. The 2017 Order, among other things, reverses the 2015 classification of broadband internet access services as a telecommunications service under Title II of the Communications Act, shifts much of the oversight from the FCC to the Federal Trade Commission and the Department of Justice, and provides for a less regulatory approach..."
Net neutrality

The Net Neutrality Debate: Access to Broadband Networks

"As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as “net neutrality.” While there is no single accepted definition of “net neutrality,” most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network.

The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt new open Internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules is the decision to reclassify broadband Internet access service as telecommunications service under Title II, thereby subjecting Internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC’s 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full U.S. Appeals Court review was denied and parties have petitioned for U.S. Supreme Court review.."
Net Neutrality

Revisions to Public Inspection File Requirements – Broadcaster Correspondence File and Cable Principal Headend Location

"REPORT AND ORDER.  Adopted: January 31, 2017.  Released: January 31, 2017 By the Commission: Chairman Pai and Commissioners Clyburn and O’Rielly issuing separate statements.

 I. INTRODUCTION 1. In this Report and Order, we eliminate two public inspection file requirements: (i) the requirement that commercial broadcast stations retain in their public inspection file copies of letters and emails from the public;1 and (ii) the requirement that cable operators maintain for public inspection the designation and location of the cable system’s principal headend.2 Because of potential privacy concerns associated with putting the correspondence file online and because many cable operators prefer not to post online the location of their principal headend for security reasons, removing these requirements will enable commercial broadcasters and cable operators to make their entire public inspection file available online without these privacy and security concerns and eliminate the need to maintain a local public file..".
FCC Public inspection files

What’s on Television? The Intersection of Communications and Copyright Policies

"In the 1940s and 1950s, watching television meant tuning into one of a few broadcast television stations, with the help of an antenna, to watch a program at a prescheduled time. Over subsequent decades, cable and satellite operators emerged to enable households unable to receive over-the-air signals to watch the retransmitted signals of broadcast television stations. More recently, some viewers have taken to watching TV programming on their computers, tablets, mobile phones, and other Internet-connected devices at times of their own choosing, dispensing with television stations and cable and satellite operators altogether.

The Federal Communications Commission (FCC), Congress, and the courts have overseen this evolution by applying a combination of communications and copyright laws to regulate the distribution of television programming. These laws are intended to achieve three policy goals:
1. protecting the property rights of content owners to encourage the production of television programs;
 2. promoting competition among distributors of video programming; and 3. enabling broadcast television stations to serve the local communities to which they are licensed by the FCC..."
Television

FCC Unveils Consumer Broadband Labels to Provide Greater Transparency to Consumers

"The Federal Communications Commission today announced new broadband labels to provide consumers of mobile and fixed broadband Internet service with easy-to-understand information about price and performance. These labels should help consumers make informed decisions about the purchase of broadband service.

FCC Chairman Tom Wheeler, joined by Consumer Financial Protection Bureau Director Richard Cordray, unveiled the new broadband labels today at an event attended by members of the FCC’s Consumer Advisory Committee. This committee, composed of consumer group and industry representatives, made a unanimous recommendation of the labels’ framework.

“These labels provide consumers clarity about the broadband service they are purchasing, not only helping them to make more informed choices but also preventing surprises when the first bill arrives,” said Chairman Wheeler. “Customers deserve to know the price they will actually pay for a service and to be fully aware of other components such as data limits and performance factors before they sign up for service.”..."
Broadband labels

FCC Releases Fifth "Measuing Broadband America" Report

"The Federal Communications Commission today released the results of its ongoing nationwide performance study of consumers’ fixed broadband Internet access service in its fifth “Measuring Broadband America” report. The report furthers the Commission’s efforts to provide greater transparency about network performance to help consumers make more informed choices about broadband services. This year’s report shows that broadband speed offerings to the average consumer continue to increase at a rapid pace, and broadband service providers generally are delivering actual speeds that meet or exceed advertised speeds. However, results are not uniform across technologies. The report finds a growing disparity in advertised download speeds between many DSL-based broadband services and most cable- and fiber-based broadband services.."
Broadband

Net Neutrality: Selected Legal Issues Raised by the FCC’s 2015 Open Internet Order

"In February 2015, the Federal Communications Commission (FCC) adopted an order that will impose rules governing the management of Internet traffic as it passes over broadband Internet access services (BIAS), whether those services are fixed or wireless. The rules are commonly known as “net neutrality” rules. The order was released in March 2015. According to the order, the rules ban the blocking of legal content, forbid paid prioritization of affiliated or proprietary content, and prohibit the throttling of legal content by broadband Internet access service providers (BIAS providers). The rules are subject to reasonable network management, as that term is defined by the FCC..."
Net Neutrality

Consumer Help Center

Find answers to consumer telecommunications problems at the newly created FCC Consumer Help Center.
FCC - Consumer Help

FCC Launches Broad Rulemaking to Protect and Promote the Open Internet

"The Federal Communications Commission today launched a rulemaking seeking
public comment on how best to protect and promote an open Internet. The Notice of Proposed
Rulemaking adopted today poses a broad range of questions to elicit the broadest range of input from
everyone impacted by the Internet, from consumers and small businesses to providers and start-ups.
The Internet is America’s most important platform for economic growth, innovation, competition, free expression, and broadband investment and deployment..."
FCC -Open Access

FCC Eight Broadband Progress Report

"...But as of now, our analysis of the best data available—the data collected by the National Telecommunications and Information Administration (NTIA) for the National Broadband Map—shows that approximately 19 million Americans live in areas still unserved by terrestrial-fixed broadband.3 For these and other reasons, we must conclude that broadband is not yet being deployed “to all Americans” in a reasonable and timely fashion..."

Measuring Broadband America - July 2012 Consumer wireline broadband performance in the U.S.

"This July 2012 Measuring Broadband America Report contains the most recent results from the Federal Communication Commission’s Measuring Broadband America program, an ongoing, rigorous, nationwide performance study of residential broadband performance in the United States. The study involves actual performance tests for thousands of subscribers of Internet Service Providers (ISPs) serving well over 80 percent of the residential market. Our initial Measuring Broadband America Report, released in August 2011, presented the first broad-scale study of actual home broadband performance throughout the United States..."

Measuring Broadband in America

"MEASURING BROADBAND AMERICA presents the results of the first nationwide performance study of residential wireline broadband service in the United States. The study examined service offerings from 13 of the largest wireline broadband providers using automated, direct measurements of broadband performance delivered to the homes of thousands of volunteers during March 2011..."

The Informtion Needs of Communities: the changing media landscapein a broadband age
"...This report looks not only at the changing face of media, but at the relevant policy and regulatory situation, including the FCC’s own track record. Our basic conclusion: with the media landscape shifting as fast as it has been, some current regulations are out of sync with the information needs of communities and the fluid nature of modern local media markets.

In crafting recommendations, this report started with the overriding premise that the First Amendment circumscribes the role government can play in improving local news. Beyond that, sound policy would recognize that government is simply not the main player in this drama."

Measuring Broadband America:A Report on Consumer Wireline Broadband Performance in the U.S.
"To make informed choices about purchasing and using broadband, consumers need to have access to basic information about broadband performance. Will a particular offering allow me to browse the web quickly and easily? Will it enable me to use new applications that help me maintain my health, search for a job, or take courses online? What should I look for in a provider if I want to watch high definition online video or play online video games? Does a given speed tier have sufficient upload capacity to enable video conferencing? Will a higher speed, higher priced service improve my Internet experience? Can I get by with a lower priced service? And does the speed a provider advertises match the actual speed I will receive at my home? To help answer these questions, this Report presents the results of the first rigorous,
nationwide study of actual home broadband performance in the United State..."

Unauthorized Fees: What's Hiding in Your Phone Bill?
"If you're a savvy consumer, you know how small charges can add up over time. You may regularly scrutinize your bank statement for overdraft fees, scan your credit card bill for hidden charges, and pay careful attention to shipping and handling every time you order something online. But you may not realize that unauthorized mystery fees can also hide in your phone bill. Without realizing it, you may be a victim of "cramming," a fraudulent, illegal practice that the FCC is taking action to fight..."

The Information Needs of Communities:the Changing Media Landscape in an Broadband Age.
"...This report looks not only at the changing face of media, but at the relevant policy and regulatory situation, including the FCC’s own track record. Our basic conclusion: with the media landscape shifting as fast as it has been, some current regulations are out of sync with the information needs of communities and the fluid nature of modern local media markets..."

National Broadband Map
"The National Broadband Map is a tool to search, analyze and map broadband availability across the United States. Created and maintained by the NTIA, in collaboration with the FCC, and in partnership with 50 states, five territories and the District of Columbia."

FCC PROPOSES RULES TO HELP MOBILE PHONE USERS AVOID “BILL SHOCK”
"The Federal Communications Commission (FCC) has proposed new rules
that would require mobile service providers to provide usage alerts and related information that will assist consumers in avoiding unexpected charges on their bills. The proposed rules would empower consumers with simple alerts and easy-to-find tools and information so they can make smart decisions about their mobile plans.

The record thus far indicates that mobile “bill shock” -- an unexpected increase in the monthly mobile bill -- is a growing challenge for the surveyed consumers, and that current tools could be improved. According to an April-May 2010 FCC survey, 30 million Americans -- one in six mobile users -- have experienced bill shock. More than half those consumers saw an increase of $50 or more, but many were not alerted by their provider before they incurred the charges. The tools in place to eliminate bill shock vary widely between service providers and type of service, and can be difficult to find. Most of the alerts that are offered do not cover all services or are not sent before the overage charges are incurred..."

FCC FREES UP VACANT TV AIRWAVES FOR “SUPER WI-FI” TECHNOLOGIES
"The Federal Communications Commission today took steps to free up vacant airwaves between TV channels -- called “white spaces” -- to unleash a host of new technologies, such as “super Wi-Fi,” and myriad other diverse applications. This is the first significant block of spectrum made
available for unlicensed use in more than 20 years.

TV white space spectrum is considered prime real estate because its signals travel well, making
it ideally suited for mobile wireless devices. Unlocking this valuable spectrum will open the doors for new industries to arise, create American jobs, and fuel new investment and innovation. The National Broadband Plan noted the importance of unlicensed spectrum in creating opportunities for new technologies to blossom and recommended that the Commission complete the TV white spaces
proceeding as expeditiously as possible.

The Second Memorandum Opinion and Order (Second MO&O) adopted today resolves numerous legal
and technical issues. Notably, the Order eliminates the requirement that TV bands devices that
incorporate geo-location and database access must also include sensing technology to detect the signals of TV stations and low-power auxiliary service stations (wireless microphones). It also requires wireless microphone users who seek to register in the TV bands databases to certify that they will use all available channels from 7 through 51 prior to requesting registration. Requests to register in the database will be public, thus allowing interested parties to weigh in on any given request..."