Telecom Alert: Caller ID Authentication Draft NPRM; Unlawful Regulations Executive Order; TCPA Opt-Out Rule Limited Waiver; Coastal Broadband Deployment Act [Volume XXII, Issue 15]
CC Circulates Caller ID Authentication Draft NPRM
Last week, the FCC released a draft Notice of Proposed Rulemaking (NPRM) which moves forward with evaluating the performance of industry-adopted non-IP caller ID authentication frameworks. Currently, the STIR/SHAKEN caller ID authentication framework only requires providers to implement standards to identify and block illegal robocalls across IP-based networks. The NPRM states that through an evaluation analyzing non-IP authentication frameworks, the FCC hopes to certify industry solutions as meeting the TRACED Act and STIR/SHAKEN requirements, and implement new obligations for voice service and gateway providers. The draft NPRM, according to Chairman Carr, is one of the items which the Commission may adopt in this month’s Open Meeting, scheduled for April 28th. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
Trump Admin Issues EO Requiring Recission of Unlawful Regulations
President Trump issued an Executive Order last week which requires agencies to evaluate and rescind federal regulations which conflict with ten cited Supreme Court decisions. These decisions include Loper Bright, which reversed the longstanding chevron Doctrine and reduced a court’s deference to agency expertise in implementing their own regulations, and Ohio v. EPA, which reversed EPA regulations enforcing the Clean Water Act for failing to properly consider regulatory cost burdens. The EO encourages agencies to repeal unlawful regulations under the good cause exemption to the Administrative Procedure Act (APA), which permits substantive action without a notice-and-comment period when it would be “impracticable, unnecessary, or contrary to the public interest.” For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
FCC Grants TCPA Limited Waiver of Opt-Out Rule
The FCC agreed to grant a limited waiver of a rule reinforcing a consumer’s right to revoke consent to receive automated marketing and informational messages under an extension of the TCPA, known as the “Opt-Out Rule.” The rule permitted a called party to use any reasonable method to revoke consent to receive robocalls and texts, in which the caller would have to cease delivery as soon as practicable and within ten business days of receipt. Additionally, if a called party explicitly revoked consent for an exempted category of messages, such as purely informational calls and texts, the caller would also have to cease all further calls and texts, regardless of the scope of the opt-out request. This rule received pushback from the American Bankers Association and other commentors, who cited technical and financial difficulties in executing requests from parties, given the broad scope of any potential opt-out. In light of these concerns, the FCC found good-cause to delay the effective date of the rule until April 11, 2026. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
Florida Rep Reintroduces Broadband Deployment Act
Representative Gus Bilirakis (R-FL) reintroduced the Coastal Broadband Deployment Act last week, which would instruct the FCC to exempt certain broadband developments from environmental and historic preservation reviews under the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Under the previous version of the bill, “covered projects” eligible for exemption included communications facilities “entirely within a floodplain” and associated permits and licenses. The purpose of the bill according to Bilirakis is to increase accessibility to modern broadband solutions without being tied down by regulatory “red-tape.” For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
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