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
The Federal Communications Commission sought comment, in connection with the incentive auction and repacking process reported in previous posts, on whether to relocate wireless medical telemetry service (“WMTS”) users from the 608-614 MHz spectrum band, known as Channel 37, or allow unlicensed devices to coexist with WMTS on Channel 37. The proposal elicited…
A number of key developments affecting telemarketing emerged over the past week:
1. The distinction between informational and telemarketing calls was further defined. The 9th Circuit held that calls intended to impart information about a customer rewards program could be construed as “dual purpose” calls subject to federal and state telemarketing restrictions. See Chesbro v. Best Buy Co., Inc.
- Effective immediately: all prerecorded “heath care” messages subject to HIPAA transmitted to residential lines are exempt from the FCC’s consent, identification, time-of-day, opt-out, and call abandonment requirements.
- Effective November 15, 2012: the FCC’s three percent call abandonment rate must be calculated on a 30-day basis for every telemarketing calling campaign. (It is possible that the FCC will consider delaying this effective date to January 14, 2013, to align it with the interactive opt-out requirement discussed below.)
- Effective January 14, 2013: all prerecorded telemarketing calls must include an automated, interactive opt-out mechanism throughout the duration of the call, as well as a toll-free telephone number that can be contacted to opt out when a prerecorded telemarketing message is left on voicemail or an answering machine.
- Effective October 16, 2013: prior express written consent is required to transmit prerecorded or autodialed telemarketing calls to wireless numbers, and the established business relationship exception no longer applies to prerecorded telemarketing calls to residential lines.
Continue Reading Telemarketing Recap: Recent Key Developments at the FCC, FTC and in the Courts
The Federal Communications Commission announced Wednesday that U.S. wireless carriers are on track to meet voluntary commitments they made one year ago to provide alerts that help customers avoid unexpectedly high bills.
Under a voluntary agreement announced by FCC Chairman Julius Genachowski in October 2011, members of CTIA-The Wireless Association agreed to provide free, automatic…
Yesterday, the Federal Communications Commission (FCC) released the full text of its widely-anticipated proposed rules for an incentive auction of television spectrum and broadcast “repacking” process that will accompany the auction. (The FCC had voted to adopt these proposed rules on Friday, but had not released the text until yesterday.) The proposed rules address three principal issues: (1) the reverse auction, whereby broadcasters would voluntarily agree to return all or a portion of their spectrum in exchange for a share of proceeds from the forward auction; (2) the forward auction, wherein wireless carriers bid on the freed-up broadcast spectrum; and (3) the (involuntary) repacking of broadcast spectrum to into a smaller television band.
Of important note, the FCC anticipates a relatively fast-moving process that aims to hold the incentive auction in 2014, with the repacking following thereafter. This goal means that the FCC would have to adopt incentive auction rules by the middle of 2013. Comments in response to the NPRM are due December 21, 2012 and reply comments are due February 19, 2012.…