Telecom Alert: 911 Service Outage Petition; BDC Improvements; Open Internet Order Effective Date Robocall Spring Cleaning; $34.6 Million Settlement [Vol. XXI, Issue 29]

911 Service Outage Petition Denied

The FCC denied the Competitive Carriers Association’s (“CCA”) Petition for Reconsideration of the Commission’s rules requiring originating service providers (“OSPs”) to notify Public Safety Answering Points (“PSAPs”) of 911 service outages. CCA asked the Commission to reconsider the requirement that OSPs notify PSAPs “as soon as possible, but no later than within 30 minutes of discovering” 911 service outages and the requirement that OSPs use “special diligence” to obtain, maintain, and update PSAP contact information. The FCC maintained that CCA repeated arguments already considered and rejected in the Report and Order establishing the rules and overstated the burdens of compliance with the rules. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

Broadband Data Collection Improvements

The FCC has taken steps to improve the data collection efforts and challenge process for the Broadband Data Collection (“BDC”). The Commission codified the challenge process deadline and delegated authority to the Office of Economics and Analytics (“OEA”) to conduct audits of broadband data submitted by providers. The FCC also clarified that the BDC rules do not preclude service providers from subsequently submitting information in a later BDC filing to show that it can make service available to a location that was previously removed from the BDC map. The OEA is tasked with developing detailed specifications of the categories of information a provider must submit to restore a previously removed location. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193).

Open Internet Order Effective Date

The U.S. Court of Appeals for the Sixth Circuit pushed back the effective date of the FCC’s Open Internet Order by two weeks until August 5, 2024, to give the Court more time to consider an indefinite stay of the new regulations reclassifying broadband Internet access service as a Title II telecommunications service. The new rules had been set to go into effect on July 22, 2024. The delay of the rules comes as part of the Court’s consideration of the merits of arguments raised on the impact of the U.S. Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo overturning the longstanding Chevron doctrine, which required reviewing courts to give deference to agency interpretations of ambiguous laws. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193), Casey Lide (lide@khlaw.com; 202.434.4186), or Jim Baller (baller@khlaw.com; 202.434.4175).

Robocall Spring Cleaning Initiative

The FCC’s Enforcement Bureau issued an Initial Determination Order against Veriwave Telco (“Veriwave”) for noncompliance with call blocking rules for providers suspected of carrying illegal traffic. The action against Veriwave is part of a joint effort by the Internal Revenue Service and the Federal Trade Commission to implement a “Spring Cleaning” initiative. The goal of the initiative is to protect consumers from illegal robocalling campaigns related to fictitious tax relief programs. The FCC previously issued a cease-and-desist letter to Veriwave, and this order moves Veriwave one step closer to facing mandatory blocking. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

$34.6 Million Consumer Privacy Settlement

The FCC settled with CaptionCall and parent company Sorenson Communications to resolve an investigation into the unlawful retention of call content beyond the duration of a call and submission of inaccurate information to the Telecommunications Relay Service (“TRS”) Fund Administrator. CaptionCall entered into a Consent Decree that requires adherence to a compliance program, enhanced compliance reporting, a $4 million investment in privacy and data protection for TRS users, a $5 million civil penalty, a $12 million reimbursement to the TRS Fund and relinquishment of $13.6 million in IP Captioned Telephone Service reimbursement claims. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239).

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