Kelley Drye Full Spectrum

On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s October Open Meeting. First, partner Chip Yorkgitis discusses the Commission’s adoption of a Notice of Inquiry to explore the potential restructuring of the 12.7 GHz Band to accommodate the introduction of Next-Generation and other mobile Wireless Services (1:15-13:39). Following Chip, partner Hank Kelly discusses Caller ID Authentication on Non-IP Networks (13:45-26:23). Finally, special counsel Mike Dover covers the FCC’s consideration of a Notice of Proposed Rulemaking to strengthen the operational readiness of the Emergency Alert System and Wireless Emergency Alerts (26:33-47:13).

Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Special Counsel Mike Dover discusses the Commission’s Report and Order modifying the clarity and accessibility of Emergency Alert System (EAS) messages to the public to make alerts more accessible to the public, including for persons who are deaf or hard of hearing. (1:00). Partner Chip Yorkgitis discusses the Commission’s Second Report and Order addressing mitigation of orbital debris that adopts rules requiring low-Earth orbit space station operators planning disposal of their satellites after the end of mission through uncontrolled atmospheric re-entry, absent a waiver or applicable grandfathering, to complete disposal as soon as practicable and, in any event, within five years. (16:40) Subscribe for ongoing coverage of these topics and future FCC Open Meetings. The next FCC Open Meeting is slated for Oc

Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Special Counsel Mike Dover discusses the establishment of the Affordable Connectivity Outreach Grant Program to provide eligible governmental and non-governmental entities funding to conduct outreach to increase awareness of and encourage participation in the Affordable Connectivity Program among eligible low-income households (0:47) and the consideration of a Third Report and Order which would establish the one-year Your Home, Your Internet Pilot Program with the goal of increasing awareness of the Affordable Connectivity Program among recipients of federal housing assistance and facilitating enrollment in the ACP by providing targeted assistance with the ACP application (10:50). Partner Chip Yorkgitis discusses several space-oriented items, including a report and order and further notice of proposed rulemaking

Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen and Hank Kelly and Special Counsel Mike Dover discuss key actions and topics from the July 14th meeting, including the Report and Order and Second Further Notice of Proposed Rulemaking on an enhanced competition incentive program for wireless radio services, Further Notice of Proposed Rulemaking updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage (7:40), and the Notice of Inquiry on supporting survivors of domestic and sexual violence (16:50). Subscribe for ongoing coverage of these topics and future meetings.

*This is part two of a two-part episode* On May 13th, the National Telecommunications and Information Administration (NTIA) released three Notices of Funding Opportunity to implement major broadband deployment, adoption, and equity programs where approximately $45 billion in Infrastructure Act funding will be awarded. In this episode, Partner Tom Cohen and Special Counsel Mike Dover provide a brief overview of each program and the potential opportunities.

*This is part one of a two-part episode* Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Chip Yorkgitis, and Hank Kelly discuss key actions and topics from the June 8th meeting, including (1:45) a Notice of Inquiry related to facilitating access to spectrum for offshore uses, (6:23) a Public Notice aimed at improving wireless 911 call routing, and(18:40) a previously adopted Notice of Proposed Rulemaking seeking comment on Affordable Connectivity Program data collection. Subscribe for ongoing coverage of these topics and future meetings.

Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen and Hank Kelly and Special Counsel Mike Dover discuss key actions and topics from the May 19th meeting, including (00:53) a number of actions addressing foreign-originated and other illegal robocalls, (15:00) a proposal by the A-CAM Broadband Coalition to expand broadband service, and (26:40) a possible update to rules providing priority provision and restoration of service for national security and emergency response users. Look out for ongoing coverage of these topics and future meetings.

Full Spectrum’s FCC Open Meeting Recaps feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partner Chip Yorkgitis and Associate Belen Crisp discuss key actions and topics from the April 21st meeting, including (1:00) a look at the role receiver performance policies or requirements might play in the FCC’s spectrum management responsibilities, (11:05) strengthening Wireless Emergency Alerts, and (16:01) a proposed fine related to a common carrier’s alleged failure to comply with foreign ownership-related requirements. Look out for ongoing coverage of these topics and future meetings.

Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th meeting, including digital discrimination, pole replacement disputes, and the Connected Care Pilot Program. Look out for ongoing coverage of these topics and future meetings on this feed and on our blog, www.commlawmonitor.com.

In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin provide an update on the new FCC requirement for voice service providers to develop and implement robocall mitigation programs. Building on their Episode 7 discussion of the STIR/SHAKEN framework, Steve and Chris discuss when providers need to implement mitigation programs and what needs to be included. They also offer recommendations for customizing a program to fit a provider’s needs and how to build a program that is both effective and manageable. STIR/SHAKEN Advisory: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/KelleyDrye-STIR_SHAKEN-Advisory.pdf Robocall Mitigation Plan Checklist: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/KelleyDrye-Robocall-Mitigation-Plan-Checklist.pdf

On December 8, 2020, the Supreme Court will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system (ATDS). In this latest episode of the Inside the TCPA series, Partners Steve Augustino and Paul A. Rosenthal set the stage for the case and discuss the FCC actions leading up to the current status of the ATDS definition. In the second part of this podcast, originally recorded for Kelley Drye’s Ad Law Access podcast (https://soundcloud.com/adlawaccess), Paul does a deeper dive into Facebook v. Duguid and its implications. Kelley Drye’s TCPA Tracker newsletter Visit - www.kelleydrye.com/News-Events/Pub…rs/TCPA-Tracker Subscribe - www.kelleydrye.com/News-Events/Pub…a-tracker?dlg=1

In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers, including what might be ahead in 2021.

The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode, Communications Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational and policy changes under the next administration. The conversation features the future of the digital divide, the race to 5G, Section 230, anti-robocall activities, and more. Look out for post-election coverage from Kelley Drye’s Communications and GRPP groups.

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Special Counsel Brad Currier feature a “decision of the month” illustrating key FCC enforcement trends. For September, they cover the proposed fine against BarrierFree, where the FCC took a hard look at broadband reporting requirements and the continuing violation theory. Steve and Brad discuss why all providers should pay attention to the BarrierFree decision and offer lessons for providers and other entities with FCC reporting obligations. Steve and Brad also briefly recap the summer in FCC enforcement and effects of the COVID-19 pandemic on FCC enforcement.

Earlier this year, Facebook agreed to pay $550 million to settle an Illinois class action alleging that the company collected facial recognition data of users without disclosure, in violation of the state’s 2008 Biometric Information Privacy Act (BIPA). That large of a payment grabbed attention of both companies and the plaintiffs’ bar. In this episode, Special Counsel Mike Dover and Senior Associate Janine Fletcher-Thomas discuss biometric privacy rights with a special focus on Illinois’ BIPA, which is the only law in the country that allows individuals and classes to bring a private lawsuit for violations without actual injury, spawning a huge wave of litigation. With the use of biometrics increasing, Janine and Mike explain the basics of the law, how it may affect your business, recent class actions, what companies should be doing now to protect themselves, and what to expect in the future.

On April 2, 2020, the FCC issued a Report and Order establishing the COVID-19 Telehealth Program. The program will provide $200 million in funding, appropriated by Congress as part of the CARES Act, to help health care providers provide connected care services to patients at their homes or mobile locations. In this episode, Partner John Heitmann and Special Counsel Denise Smith discuss healthcare provider eligibility criteria, funding coverage, and key application considerations. They also provide an update on awards granted. At the time of the recording, the FCC had awarded a total 104.98 million dollars over nine funding rounds, to 305 health care providers. This podcast follows April 28th webinar, a recording of which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-and-Beyond-How-to-Connect-to-New-FCC-Tele.

With the COVID-19 economic disruptions and Chairman Pai’s Keep Americans Connected Pledge, planning for the possibility of telecom customers filing for bankruptcy takes on increased importance. In this episode, we provide an overview of the bankruptcy process and the rights and responsibilities of communications service providers when their customers enter into bankruptcy protection. Communications Partner Steve Augustino is joined by Partner Jason Adams and Associate Meaghan McLoughlin from Kelley Drye’s Bankruptcy practice group to give service providers the essential information they need to know to protect themselves before a bankruptcy petition is filed. In addition, they discuss the unique issues the Keep Americans Connected Pledge creates in a bankruptcy proceeding involving an affected customer.

In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Senior Associate Brad Currier take a closer look at shifting strategies to provide effective enforcement of TCPA violations. Unlike TCPA actions of the past, which focused primarily on the entity that is placing the call, these new TCPA actions rely upon new approaches to enforcement, involving both new targets and new enforcers. Steve and Brad discuss how the government (importantly, not just the FCC) is looking “up the chain” in enforcement matters to target service providers who allegedly assist unlawful robocalling and spoofing practices. The theories used are different and involve varying degrees of allegedly culpable conduct, but the significance is in WHO the government is targeting, and HOW the government is seeking to modify behavior. If this approach continues, service providers may face new risks and may need new compliance strategies.

Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Following their recent episode on the FCC’s C-Band Proceeding addressing use of the 3.7-4.2 GHz spectrum range, Partners Chip Yorkgitis and Josh Guyan are back to discuss the recently released draft Report and Order, which is expected to be adopted at the FCC's February 28th meeting. The Order would transition the use of the C-Band to make the 280 megahertz from 3.7 – 3.98 GHz available for flexible use through an auction to be held this year.

Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Recently, in a letter to Senator Kennedy (R-LA), Chairman Pai stated that he intends to conduct a public auction of the 3.7-4.2 GHz spectrum range (commonly referred to as the C-Band) that would clear 280 megahertz for flexible use to be allocated by auction and allot 20 megahertz to a guard band. In this episode, Associate Avonne Bell and Partners Chip Yorkgitis and Josh Guyan discuss the issues that remain unresolved, including the impact on satellite operators and MVPDs, technical issues, a possible transition to fiber in some areas, and C-Band-related legislation. After this podcast was recorded, FCC Chairman Ajit Pai indicated his intention to include a C-band item on the agenda for the FCC’s next Open Meeting on February 28, 2020.