Kelley Drye Full Spectrum

On today's episode of Full Spectrum, the Kelley Drye Communications team will be covering October 2024 FCC Open Meeting . First, senior associate Jenny Wainwright will discuss the Commission's adoption of a Report and Order related to hearing aid compatibility requirements for wireless handsets (1:25). Special counsel Mike Dover will cover the Commission's adoption of a Third Report and Order and Third Further Notice of Proposed Rulemaking related to georouting 988 lifeline calls (14:10). Finally, partner Chip Yorkgitis is discussing three spectrum items outside of the meeting (23:25).

On this episode of Full Spectrum, partner Chip Yorkgitis is going to give an overview of two items adopted by the FCC in late September. The first is a Report and Order that the Commission adopted at its open meeting on September 26 to allow non-geostationary satellite orbit space stations to conduct fixed satellite service downlink operations on a co-primary basis with existing users in the 17.3-17.8 GHz band. The second item he'll discuss is a First Report and Order that the Commission adopted two days prior to the meeting to modify the rules for FM terrestrial digital audio broadcasting systems.

On this episode, special counsel Mike Dover and senior associate Jenny Wainwright discuss some of the key points from two items released by the FCC on August 29. The first is the FCC's latest action in the 5G Fund proceeding. The second is related to new rules to enable drone operations in the 5 GHz band.

On today's episode of Full Spectrum, we'll be giving our first take of the items approved by the FCC commissioners at the agency's August 2024 open meeting. First, senior associate Jenny Wainwright will give an overview of an action by the FCC to propose specific disclosures for robocalls and robotexts involving the use of artificial intelligence (00:30). Then, special counsel Mike Dover will cover the other item approved by the commission, a Notice of Proposed Rulemaking for updates to the robocall mitigation database (06:55).

On today's episode of Full Spectrum, the Kelley Drye Communications group covers a number of Report and Orders and Further Notice of Proposed Rulemakings covered at the FCC's July Open Meeting. First, Tom Cohen will discuss bringing common sense and fairness to correctional facility phone rates (00:33). Jenny Wainwright will then discuss modernizing E-Rate to support wi-fi hotspots (08:54). Mike Dover will discuss accessibility of user interfaces, and video programming guides and menus (15:28). Chip Yorkgitis will discuss promoting consumer choice and wireless competition through handset unlocking requirements and policies (24:18). Finally, Hank Kelly will discuss advancing the transition to next generation 911 (29:54).

On this episode of Full Spectrum, we discuss two items adopted by the Federal Communications Commission at its May 2024 Open Meeting. First, partner Chip Yorkgitis summarizes the proposed rules to strengthen the FCC's oversight of telecommunications certification bodies and test labs that are recognized by the FCC to participate in the FCC's equipment authorization program (0:01:24). Next, partner Hank Kelly discusses two Notices of Apparent Liability stemming from a high-profile robocalling campaign involving AI-generated deepfake voice messages that took place ahead of the 2024 Democratic Presidential Primary Election in New Hampshire (0:13:36).

On this episode of Full Spectrum, we discuss the FCC's decision at its May 2024 Open Meeting to reclassify broadband Internet access service (“BIAS”) from a lightly regulated information service to a telecommunications service regulated under Title II of the Communications Act, as well as adopt bright line net neutrality rules for BIAS providers. During the episode, you'll hear from partners Tom Cohen, Chip Yorkgitis, and Hank Kelly, special counsel Mike Dover, and senior associates Jenny Wainwright and Winafred Brantl.

On this episode of Full Spectrum the Kelley Drye Communications team will be providing summaries of several of the items adopted by the FCC at its most recent open meeting on March 14th. Chip Yorkgitis, partner, will be discussing a number of rules the Commission adopted to create a voluntary cybersecurity labeling program for wireless consumer Internet of Things (IOT) products (0:01:47). Next, Mike Dover, special counsel, will discuss new requirements for cable and satellite TV providers to provide “all-in” pricing information for their video programming services (0:18:29). Third, Jenny Wainwright, senior associate, will be talking about the FCC's findings following its most recent inquiry into whether advanced telecommunications capability (essentially broadband) is being deployed across the country in a reasonable and timely fashion (0:29:30). Finally, Chip will wrap up by going over some rules and proposals by the FCC aimed at enhancing network coverage for consumer handsets through better coordination between satellite and terrestrial networks (0:35:10).

On this episode of Full Spectrum, partner Chip Yorkgitis, special counsel Mike Dover, and senior associate Jenny Wainwright provide an overview of four items adopted by the FCC at its most recent open meeting on February 15, 2024. First, Mike discusses a Notice of Proposed Rulemaking aimed at expanding accessibility of the emergency alert system (EAS) by facilitating dissemination of alerts in languages other than English (0:01:30). Second, Chip summarizes a Report and Order adopting rule changes that permit operations by Wireless Multichannel Audio Systems (WMAS), a new wireless microphone technology, in broadcast television and other Part 74 low-power auxiliary station frequency bands, as well as on an unlicensed basis (0:12:38). Third, Jenny outlines a Report and Order and Further Notice of Proposed Rulemaking to change robocall and robotext rules, specifically related to revocation of consent, pursuant to the Telephone Consumer Protection Act (TCPA) (0:26:10). Finally, Chip discusses a Notice of Proposed Rulemaking for licensing space stations engaged in in-space servicing, assembly, and manufacturing (ISAM) activities (0:37:43).

In this episode of Full Spectrum, partner Tom Cohen discusses the recently held FCC Open Meeting, including a Report and Order and Further Notice of Proposed Rulemaking to establish a framework to facilitate equal access to broadband internet access service by preventing digital discrimination of access.

On this episode of Full Spectrum partners Tom Cohen and Chip Yorkgitis discuss the Notice of Proposed Rule Making adopted by the Commission at its October 19 Open Meeting in its newly-commenced Open Internet (or Net Neutrality) proceeding proposing to reclassify broadband Internet access service (“BIAS”) from a lightly regulated information service to a telecommunications service regulated under Title II of the Communications Act (01:19). The Commission's Notice proposes to adopt Open Internet rules that are very similar to those previously imposed in 2015 and largely rescinded in 2017. Additionally, Chip discusses a Second Report and Order adopted at the Open Meeting (but only released on November 1) that expands unlicensed use in the 6 GHz Band in the face of opposition from licensed incumbents by permitting very low power devices to operate in two sub-bands both indoors and outdoors, and both fixed and mobile (15:30). He also explains that the Commission continues to consider other proposals to expand unlicensed power and flexibility – both from a 2020 Further Notice of Proposed Rulemaking and a Second Further Notice of Proposed Rulemaking that accompanies the Second Report and Order. Finally, Tom and Chip give a brief preview of the Digital Discrimination item that is on the Commission's tentative agenda for its November 15 Open Meeting (35:25).

On today's episode of Full Spectrum, the Kelley Drye Communications teams will discuss a number of developments from the September FCC Open Meeting. First, Tom Cohen will briefly discuss the impact of a full Commission on the heels of an election cycle. Chip Yorkgitis (3:20) will follow up to discuss two Report and Orders related to satellite and space launches. Hank Kelly (21:02) will discuss the changes the Commission made to address direct access to numbers by interconnected VoIP providers. Finally, Mike Dover (31:18) will discuss the Notice of Proposed Rule Making establishing a 5G fund for rural America.

On today's episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC's August 3, 2023, Open Meeting. First (1:04), partner Chip Yorkgitis covers a Notice of Inquiry that initiates a mostly technical inquiry into how to measure non-Federal spectrum usage as a prelude to future spectrum management decisions. Second (10:19), special counsel Mike Dover covers a Sixth Report and Order which implements the Affordable Connectivity Program (ACP) high-cost area benefit.

On today's episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC's May 18, 2023 Open Meeting. First, (1:00) partner Chip Yorkgitis will cover a Notice of Proposed Rulemaking that would explore how spectrum in the 42 GHz band might be made available through one of several spectrum access models which have the potential to provide solutions in this evolving space. Second, (15:12) special counsel Michael Dover will cover a Report and Order, NPRM, and Order concerning accessibility for video conferencing services and providing guidance relating to the definition of “interoperable video conferencing service” under the Twenty-First Century Video Accessibility Act.

On today's episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC's May 18, 2023 Open Meeting. First (01:00), Partner Chip Yorkgitis discusses the Commission's Report and Order expanding unlicensed uses in the 60 GHz band (57-71 GHz). Chip also (08:34) summarizes the Commission's Report and Order declining to adopt rules to enable terrestrial mobile service in the 12.2-12.7 GHz Band and a related Further NPRM which will consider liberalizing licensed terrestrial fixed service rules in the band, and introducing unlicensed applications for the first time in this frequency range. Next (21:12), Special Counsel, Michael Dover, discusses Commission's proposals relating to use of the 12.7-13.25 GHz Band for mobile broadband and other expanded services in a new rulemaking. Finally (31:20), Partner Hank Kelly examines the Commission's Order, Further Notice, and Notice of Inquiry that would expand the Commission's efforts relating to call blocking requirements to promote robocall mitigation.

On today's episode of Full Spectrum, we continue our coverage of the Federal Communications Commission's April Open Meeting. Specifically, Partner Chip Yorkgitis will provide an overview of the FCC's adoption of a Policy Statement addressing spectrum management principles that will guide the Commission in future spectrum proceedings (01:50). He will also summarize a Report and Order and Further Notice of proposed Rulemaking regarding the sharing of spectrum by non-geostationary satellite constellations (12:07). On the prior episode, we discussed two items adopted by the FCC at the Open Meeting: one, the FCC's proposed changes to the International Section 214 authorization regime applicable to providers of telecommunications services between the U.S. and other countries and, two, Commission proposals relating to expanded accessibility and transparency in the Wireless Emergency Alert program.

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. On today's episode of Full Spectrum, Senior Associate Winafred Brantl discusses the Commission's proposed significant changes to the International Section 214 regime (1:11.515). Responding to growing concerns regarding undisclosed foreign ownership of international Section 214 carriers, the FCC will conduct a one-time data collection from all international Section 214 authorization holders and has proposed a requirement for periodic renewals or reviews of international Section 214 authorizations as well. At the same time, the FCC proposes to expand the scope of information required in any international Section 214 application and to implement recurring update filing requirements. In addition, Special Counsel Mike Dover discusses the Commission's proposals relating to expanded accessibility and transparency in the Wireless Emergency Alert program (15:36.614). Subscribe for ongoing coverage of these topics and future FCC Open Meetings.

On today's episode of the Full Spectrum podcast, attorneys from Kelley Drye's Communications practice highlight items from the FCC's March 16th Open Meeting. First, partner Hank Kelly discusses (0:00:58) the FCC's adoption of a Report and Order and Further Notice of Proposed Rulemaking that addresses a gap in the STIR/SHAKEN caller ID authentication regime, expands robocall mitigation requirements for all providers, adopts more robust enforcement tools, and seeks comment on additional steps to further enhance the effectiveness of the STIR/SHAKEN framework. Hank Kelly also addresses (0:09:33) the FCC's adoption of a Report and Order requiring providers to block texts purporting to be from numbers on a reasonable Do-Not-Originate list and requiring a single point of contact for text message blocking complaints, as well as its request for comments on additional proposals to require further blocking of illegal robotexts, expand Do-Not-Call protections to robotexts, and protect consumers from getting robotexts and robocalls from multiple, unexpected callers when they provide their consent on websites for comparison shopping. Second, special counsel Mike Dover will cover (0:16:35) the FCC's issuance of a Further Notice of Proposed Rulemaking which proposes to expand audio description requirements to additional market areas to ensure that a greater number of individuals who are blind or visually impaired can be connected, informed, and entertained by television programming. In addition, in the next episode of the Full Spectrum podcast, partner Chip Yorkgitis will cover the FCC's initiation of a rulemaking in the March Open Meeting to consider establishing an innovative regulatory framework to facilitate the integration of satellite and terrestrial networks and technologies in select flexible-use spectrum bands meeting proposed criteria (between 600 and 2360 MHz) to serve commercial mobile end-user devices, what the FCC calls Supplemental Coverage from Space (“SCS”). This initiative builds on experience obtained from the grant in recent years of several ad hoc experimental licenses and other authorizations which have demonstrated the potential for interoperability between satellite and mobile services. The implementation of SCS would require several changes to the table of frequency allocations, and leverage existing spectrum lease, earth stations in motion, and other rule sets, with appropriate modifications. Chip will also address the FCC's recent adoption of a Report and Order (prior to the Open Meeting) to bring up to date the Commission's equipment authorization framework. Specifically, the Commission incorporated into Parts 2 and 15 of its regulations four standards established in recent years by standards-setting bodies that cover higher frequency bands, better accommodate testing of larger unintentional radiators, and otherwise update current measurement methods recognized by the rules.

This week on the Full Spectrum podcast, Communications partner Chip Yorkgitis discusses the FCC's recent Notice of Proposed Ruling on Unmanned Aircraft Systems (0:51:-15:16), and Privacy partner Aaron Burstein discusses the recent NPRM on data security (15:17-26:49). (At the time of recording, the UAS NPRM had not yet been published in the Federal Register establishing comment deadlines. Publication occurred on February 7, 2023, setting a comment due date of March 9, 2023, and a reply comment due date of April 10, 2023.)

On today's episode of the Full Spectrum podcast, attorneys from Kelley Drye's Communications practice highlight items from the FCC's December Open Meeting as well as two important items from November. First, special counsel Mike Dover discusses these items -- Broadband labels and ACP data collection (1:27.057-19:07.750). Discussion of the December Open Meeting items then follows. Partner Tom Cohen discusses a Notice of Proposed Rulemaking that would take the next step in the Commission's efforts to promote equal access to broadband by seeking comment on potential rules to address digital discrimination of access to broadband, consistent with Congress's direction in the Infrastructure Investment and Jobs Act (19:07.750-26:11.750). Then, Partner Chip Yorkgitis covers a Notice of Proposed Rulemaking seeking comment on changes to its rules, policies, or practices to facilitate the acceptance for filing of satellite and earth station applications under Part 25 to help Commission processing stay apace with the number of innovative satellite applications in the new space age (26:11.750-33:36.364). Next, Partner Hank Kelly discusses a proposal to require wireless carriers and covered text providers to implement location-based routing on their networks in order to reduce misrouting of wireless 911 calls and texts and improve emergency response times (33:36.364-39:42.098). Finally, Mike Dover covers a proposal regarding the Telecommunications Relay Services (TRS) Fund compensation for Internet Protocol Captioned Telephone Service (IP CTS), propose a technical amendment to the compensation formula for Internet Protocol Relay Service (IP Relay), and resolve petitions for reconsideration of a prior order setting IP CTS compensation (39:42.098-End).

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 October 27, 2022.

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 concerning rules for the 17 GHz frequency band to support more intensive satellite use of the spectrum (18:18) and the adoption of a Notice of Inquiry that would examine opportunities and challenges of in-space servicing, assembly, and manufacturing – or “ISAM” – that can support sustained economic activity in space (29:31). Subscribe for ongoing coverage of these topics and future FCC Open Meetings. The next FCC Open Meeting is slated for September 29, 2022.

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.

From smart homes and self-driving vehicles to drones and healthcare monitoring, Internet of Things (IoT) capabilities are a hot topic for both manufacturers and consumers. This episode spotlights one of the key areas for everyone involved – maintaining security of IoT devices. Partners John Heitmann and Steve Augustino discuss cybersecurity developments, like the National Institute of Standards and Technology’s (NIST) baseline recommendations for securable devices. John and Steve describe how NIST has taken the lead in this area and what the current recommendations might mean for future regulation.

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier cover a flurry of interesting enforcement items released late this summer. These include the first pure “cramming” action of Rosemary Harold’s tenure as Chief of the Enforcement Bureau, a Consent Decree violation, and more actions for causing interference to licensed operations. Steve and Brad also discuss recent high-profile enforcement actions stemming from the alleged misuse of emergency alert tones by CBS, ABC, AMC Networks, and Discovery. CenturyLink Settlement: https://www.fcc.gov/document/fcc-reaches-550000-cramming-settlement-centurylink-0 Cumulus Fine: https://www.fcc.gov/document/fcc-proposes-233000-fine-against-cumulus-media Interference Advisory: https://docs.fcc.gov/public/attachments/DA-19-807A1.pdf Proposed CBS Fine: https://www.fcc.gov/document/fcc-proposes-272000-fine-cbs-misuse-emergency-alert-tone ABC Settlement: https://www.fcc.gov/document/eb-reaches-settlement-abc-wea-tone-misuse AMC Settlement: https://www.fcc.gov/document/fcc-enforcement-bureau-reaches-settlement-amc-eas-tone-misuse Discovery Settlement: https://www.fcc.gov/document/eb-reaches-settlement-discovery-wea-tone-misuse

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier highlight a recent trend of FCC Commissioner taking enforcement matters into their own hands by launching investigations. While Commissioners have long used their position to bring attention to potential enforcement issues, they have recently begun directly targeting entities with detailed inquiries. Recent examples include Commissioner O’Rielly regarding E-Rate overbuilding, Commissioner Carr regarding use of educational broadband services (EBS) spectrum, and Commissioner Rosenworcel regarding the sale of customer location information by the major nationwide carriers. Steve and Brad cover all of these investigations while discussing the significance and implications of this new approach. Rosenworcel Letters: https://docs.fcc.gov/public/attachments/DOC-357278A2.pdf O'Rielly Letter: https://www.fcc.gov/document/comm-orielly-letter-superintendent-clay-cochise-county-schools

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Senior Associate Brad Currier provide their takeaways from a recent Federal Communications Bar Association event featuring FCC Enforcement Bureau Chief Rosemary Harold and her deputies. The event provided insights on the Bureau’s key enforcement focus areas not available from the FCC’s public releases, including developments involving the Bureau's new Fraud Division, robocalling enforcement, and more “bread and butter” unauthorized operations issues. Steve and Brad also discuss some best practice tips provided by the Bureau Chief and her staff related to self-disclosures of violations and the use of tolling agreements in complex investigations. The event shows that there still is much to talk about on FCC enforcement, even in the dog days of summer.

“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode tackles a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, Partner Steve Augustino and Associate Chris Laughlin discuss the FCC’s efforts to reduce the volume of illegal robocalls. Steve and Chris refresh the audience on illegally spoofed calls and discuss the FCC’s efforts to urge carriers to implement call blocking and call authentication techniques, including the SHAKEN/STIR framework.

Our "Tuning into Spectrum" series takes a close look at hot topics and issues in radio spectrum. Thanks to technological advancements, a major development in recent years has been the growing prospects for innovative use of higher spectrum bands. In this episode, Associate Avonne Bell talks with Partners Chip Yorkgitis and Josh Guyan about the FCC’s heightened focus on millimeter wave spectrum. They discuss the connection to 5G, potential impacts on federal meteorological and passive services, the use of an incentive auction in a new setting, innovative proposals for spectrum access, and more. Look out for additional spectrum updates in the coming months in this continuously evolving environment.

In February 2019, the FCC issued an Enforcement Advisory warning marketers of LED signs that their products must be authorized, properly labeled, and contain the required user disclosures before being marketed in the United States. The Enforcement Advisory followed a slew of enforcement actions in 2018 totaling hundreds of thousands of dollars in penalties against importers and retailers of LED signs for violations of the FCC’s equipment marketing rules. In this special edition of Full Spectrum’s enforcement series, Partner Steve Augustino and Associate Brad Currier do a deep dive on the FCC’s LED sign enforcement initiative, breaking down the FCC’s equipment authorization rules, how they apply to LED signs, and what importers, retailers, and others in the LED sign supply chain need to do now in order to avoid FCC enforcement action later. Enforcement Advisory: https://docs.fcc.gov/public/attachments/DA-19-90A1.pdf Supplemental Materials: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/Microsoft-Word-LED-Enforcement-Podcast-Chart-v1.pdf

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier finish their recap of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part two of this episode features a deeper dive into FCC enforcement trends on revocation of authority and inability to pay claims, and takes a close look at the FCC’s expanded robocalling enforcement. This episode builds on the discussion in part one, where Steve and Brad provided an overview of major 2018 enforcement actions and a breakdown of the FCC's use of settlements to encourage adoption of industry best practices.

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part one of this episode focuses on the big picture in 2018 and the FCC's use of non-monetary tools to encourage adoption of industry best practices. After criticizing the prior administration for policymaking through enforcement and imposing excessive fines, Chairman Pai’s FCC promised a return to “by-the-books” enforcement based on existing rules. Pai’s Enforcement Bureau has largely delivered on that promise. However, Chairman Pai did not entirely refrain from pushing the boundaries of the FCC's authority in high-profile enforcement items to advance his policy priorities. Dropping next week is part two of the 2018 Year in Review in which Steve and Brad take a deeper dive into the enforcement actions, with a focus on recent trends in how the FCC issues fines and its actions to combat robocalls.

The FCC has now proposed, or imposed, over $200 million in fines for unlawful caller ID spoofing and TCPA violations. In this edition of “Inside the TCPA,” Partner Steve Augustino and Associate Brad Currier discuss how enforcement fits in as part of the overall FCC TCPA policy strategy. This discussion features an overview of recent enforcement actions, including those against Best Insurance Contracts/Philip Roesel and Affordable Enterprises of Arizona. Steve and Brad also explain the difference between spoofing and TCPA violations as they look at trends and possible next steps for the FCC.

In this new series, our attorneys will provide a recap of recent industry conferences and their takeaways. This episode focuses on the 8th Annual SHLB Conference “Building the Future Bit x Bit” which took place October 10th-12th. The two and a half day conference attracted more attendees than any other year. Partner Josh Guyan attended with Partner Steve Augustino, who moderated the “E-Rate Service Provider Toolkit” panel at the event. Josh and Steve talk about key issues in E-Rate and rural health care, interesting panels, the Schools Health & Libraries Broadband Coalition in general, and more.