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Category Archives: Telecommunications

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FCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations

Posted in Privacy & Data Security, Telecommunications

A seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling. The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C…. Continue Reading

SpectrumWatch: FCC Considers Alternative Band Plans for Post-Incentive Auction Spectrum

Posted in Broadcasting & Cable, Spectrum & Mobile, Telecommunications

In a Public Notice released yesterday, the Federal Communications Commission asked for comments on several possible plans for reorganizing the spectrum currently used by television broadcasters. Initial comments are due June 14, with reply comments due June 28. Under a statute passed last year, broadcast television stations will be allowed to voluntarily participate in an… Continue Reading

Leadership Changes at the Federal Communications Commission

Posted in Broadcasting & Cable, Telecommunications

Change is in the air at the Federal Communications Commission (FCC).  The agency’s chairman, Julius Genachowski, announced yesterday that he will be stepping down on Friday, May 17.  (He had announced his plans to leave the FCC in March, but the date of his departure has been uncertain since then.)  Until his successor is confirmed… Continue Reading

FCC Sanctions Toll-Free Number Broker

Posted in Telecommunications

Yesterday, the Federal Communications Commission (FCC) handed down a $240,000 forfeiture order against IT Connect, Inc., a company that the FCC found had violated the prohibition on brokering toll-free telephone numbers.  In its order, the FCC confirmed that it is unlawful for private entities to sell toll-free numbers for a fee, and it applied the… Continue Reading

BYOD’s Rapid Growth Presents New Legal Challenges

Posted in Privacy & Data Security, Telecommunications

Companies are increasingly allowing employees to access work email and apps on their personal devices, according to a new Gartner survey of chief information officers. But employers confront many tough policy and legal questions when they adopt Bring Your Own Device (“BYOD”) programs. Thirty-eight percent of the CIOs said that their organizations will stop providing… Continue Reading

ZTE Signs Android Licensing Deal With Microsoft

Posted in Intellectual Property, Telecommunications, Transactions

On Tuesday, Microsoft announced a deal with ZTE under which ZTE will license Microsoft’s worldwide patent portfolio for use in cell phones, tablet computers, and other devices running the Android and Chrome operating systems.  Although the terms of the ZTE deal were not released, Microsoft’s agreements with other device manufacturers have required a royalty payment… Continue Reading

FCC Cracks Down For First Time on Mobile Jamming Device Use; Fines in the Six Figures

Posted in Spectrum & Mobile, Telecommunications

Last week, the FCC for the first time proposed to fine companies for using mobile phone signal jamming devices.  The FCC found that two entities, Taylor Oilfield Manufacturing, Inc. and The Supply Room, Inc., willfully and repeatedly imported and operated multiple illegal mobile phone signal jammers in the U.S.  Although the FCC in the past… Continue Reading

Apple Changes Warranty Policy in China Following State Media Attacks

Posted in Social Media, Spectrum & Mobile, Telecommunications

By Joanne Sum-Ping with research assistance by Susan Shao After enduring weeks of attacks from Chinese state-owned media, Apple has announced a change in its warranty policy in China.  The attacks began on March 15 when China Central Television (CCTV) criticized Apple’s customer service policies during a special program observing World Consumer Rights Day.  CCTV’s… Continue Reading

White House Calls for Legalization of Some Cell Phone Unlocking

Posted in Intellectual Property, Telecommunications

The Obama administration issued a statement on Monday declaring that consumers not bound by service agreements should be able to unlock their cellular devices for use with other network providers.  In the official response to a petition on the We The People website, a senior White House advisor on the Internet, innovation and privacy agreed… Continue Reading

Federal Courts Increasingly Receptive to IP Geolocation Data; Copyright, Other Lawsuits Affected

Posted in Intellectual Property, Telecommunications

A series of recent decisions suggests that federal courts increasingly are accepting evidence derived from Internet Protocol (IP) geolocation databases, which make it possible to look up the geographic location of a computer or other similarly-equipped electronic device.  This development may be particularly significant in the area of copyright litigation, where alleged online infringers can… Continue Reading

FCC Proposes New Rules to Address Call Completion Complaints

Posted in Telecommunications

Last week, the Federal Communications Commission (“FCC”) adopted a notice of proposed rulemaking (“NPRM”) proposing to require facilities-based originating long-distance voice service providers to collect, retain and report on phone call answer rate data to rural and non-rural areas.  The NPRM also proposes to prohibit both originating and intermediate voice service providers from causing so-called… Continue Reading

SpectrumWatch: 3 Key Areas of Industry Agreement Regarding the FCC’s Spectrum Auction and Repacking Proposals

Posted in Broadcasting & Cable, Spectrum & Mobile, Telecommunications

The Federal Communications Commission received over 300 comments from the public regarding its proposals to allow broadcast television stations to voluntarily participate in an auction of their spectrum to mobile broadband providers and to involuntarily repack remaining television stations into a smaller television spectrum band.  Broadcast television station groups, individual stations, mobile broadband providers, wireless… Continue Reading

Recordkeeping Reminder for Service Providers and Equipment Manufacturers Offering Advanced Communications Services and Telecommunications Services

Posted in Telecommunications

The Federal Communications Commission published a reminder to service providers and equipment manufacturers that provide advanced communications services — such as e-mail, instant messaging, Voice over Internet Protocol, and interoperable video conferencing services — or telecommunications services that are subject to Section 255 of the Communications Act to begin maintaining records by January 30, 2013… Continue Reading

CPNI Certifications Due on March 1

Posted in Telecommunications

As a reminder, telecommunications carriers must submit their annual certifications regarding customer proprietary network information (CPNI) by March 1.  CPNI is private customer information concerning telecommunications. Telecommunications carriers and providers of interconnected Voice over Internet Protocol (VoIP) must certify annually to the FCC that they comply with their obligations to protect and limit disclosure of… Continue Reading

FCC Proposes to Fine Telecommunications Licensee for Unauthorized Transfers of Control

Posted in Telecommunications

Last week, the FCC issued a Notice of Apparent Liability (NAL) to StanaCard, LLC, a licensed provider of, among other things, prepaid international telecommunications services.  StanaCard today markets its services under the brand name “Keku.”  The NAL proposed to fine StanaCard $21,000 for (1) failing to notify the FCC of a pro forma change in… Continue Reading

China and U.S. Make Technology-Related Commitments at 23rd JCCT

Posted in Intellectual Property, Privacy & Data Security, Telecommunications

Last month, senior officials from the U.S. and China conducted the 23rd U.S.-China Joint Commission on Commerce and Trade (JCCT) in Washington, D.C.  The JCCT was founded in 1983 as a forum for high-level dialogue on bilateral trade issues.  This year’s JCCT resulted in several technology-related commitments from both China and the U.S. China’s technology-related… Continue Reading

New ITU Regulations Face En-Masse Rejection

Posted in Telecommunications

The United States, along with the UK, Canada, and a host of other states, has refused to sign an updated International Telecommunications Regulations treaty at the International Telecommunication Union’s World Conference on International Communications (WCIT-12) in Dubai, citing concerns over treaty provisions related to Internet security and spam, as well as a resolution envisioning a… Continue Reading

European Parliament Endorses Amendments to Dual-Use Regulation; Export Controls Could Include Unlisted Internet and Mobile Surveillance Technologies

Posted in Telecommunications

By Agnieszka Polcyn, Fredericka Argent, and Ezra Steinhardt On 23 October 2012, the European Parliament adopted a number of suggested amendments to the European Commission’s proposal to amend the Dual-Use Regulation (428/2009) (the “Dual-Use Regulation”).  The amendments include a proposal to encompass surveillance equipment within the scope of the EU’s export controls.  This move echoes… Continue Reading

FCC Sets Comment Cycles for Additional Petitions Seeking to Clarify TCPA Provisions

Posted in Privacy & Data Security, Telecommunications

In follow up to our previous blog entry on the subject, comment deadlines were set for additional petitions seeking to clarify TCPA provisions and related FCC rules.  Comments on these Petitions are due on November 23, 2012, and reply comments are due on December 10, 2012. The Westfax Petition asks the FCC to clarify whether… Continue Reading

SpectrumWatch: FCC Approves Deal to Spur 4G LTE Deployment in “Long-Troubled” WCS Band

Posted in Spectrum & Mobile, Telecommunications

The Federal Communications Commission on Wednesday approved rules to spur the long-stalled development of the 2.3 GHz Wireless Communications Service band by resolving interference issues between WCS and satellite radio services. The FCC noted that “most of the WCS licenses have gone unused for approximately 15 years,” since the licenses first were auctioned in 1997. … Continue Reading