Advertisement TCPA Regulatory Update Busy End of 2020, Early 2021 as FCC Continues Traced Act Implementation & Takes Other Actions on Robocalls and Spoofing Monday, January 25, 2021
Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls.
First, on December 29, the FCC adopted a Report and Order implementing Section 8 of the Act, which directs the Commission to ensure that any statutorily permitted exemption of calls from the prior express consent requirement of the Telephone Consumer Protection Act (“TCPA”) meets certain criteria and codifies certain other exemptions that comply with Section 8. Notably, the FCC chose not to alter the exemption that permitted wireless companies to text their own subscribers without prior express consent. The FCC also reviewed, among others, exemptions on non-telemarketing robocalls ma
01/17/2021
[Complete text of FCC Enforcement Advisory follows.]
FCC ENFORCEMENT ADVISORY
Released: January 17, 2021
WARNING: AMATEUR AND PERSONAL RADIO SERVICES LICENSEES AND OPERATORS MAY NOT USE RADIO EQUIPMENT TO COMMIT OR FACILITATE CRIMINAL ACTS
The Enforcement Bureau (Bureau) of the Federal Communications Commission issues this Enforcement Advisory to remind licensees in the Amateur Radio Service, as well as licensees and operators in the Personal Radio Services, that the Commission prohibits the use of radios in those services to commit or facilitate criminal acts.
The Bureau has become aware of discussions on social media platforms suggesting that certain radio services regulated by the Commission may be an alternative to social media platforms for groups to communicate and coordinate future activities. The Bureau recognizes that these services can be used for a wide range of permitted purposes, including speech that is protected under the First Amendment o
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TCPA Regulatory Update FCC Reverses Course on Broadnet Declaratory Ruling; Begins Implementing Another Section of the TRACED Act Wednesday, December 16, 2020
As in past months, the FCC has taken several small but important steps to curtail illegal robocalls through targeted actions implementing the TRACED Act. Stakeholders have also been meeting virtually with Commission staff on a regular basis to discuss these and other proposals reforming the TCPA. In particular, over the past month, stakeholders urged the FCC to provide clarity surrounding the scope of consumer opt-out requests, as originally requested by the Capital One Petition over a year ago; not to curtail time-tested TCPA exemptions for certain non-marketing calls and for calls and texts from wireless service providers to their customers, as proposed in the Notice of Proposed Rulemaking implementing Section 8 of the TRACED Act; and asked the FCC to extend safe harbor protections to cover net
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“At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas
Nearly 3 decades before Zack Morris ascended to the fictional governorship of California, he was America’s best known Preppy the cool kid with politician hair toting the raddest, most cutting edge, must-have gizmo his Dad’s money could buy: a Motorola DynaTAC 8000X. Yes, I mean the “brick” phone.
Standing 13 inches tall and weighing nearly 2 lbs., it was a marvel of its time. To say the now comically oversized “mobile” device is outmoded should offend no one. Moore’s Law may be on its death bed (if not already at an end), but it departs having made its mark over the last 30 years. Unceasing progress brought forward a technological milieu bearing almost no resemblance to the world of early 90’s Bayside High. Once-Jetsonian gadgets like portable CD players, VCRs, and camcorders began col
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The FCC has taken two more steps to implement the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), under which, as we ve reported, it has implemented a number of actions toward stemming illegal robocalls, including facilitating call blocking initiatives, implementation of STIR/SHAKEN call authentication, and a review of exceptions to the Telephone Consumer Protection Act (TCPA) autodialer and prerecorded-call restrictions. Now, the FCC has reported to Congress on the status of the agency s long-gestating reassigned numbers database, and issued a notice of proposed rulemaking (NPRM) toward establishment of a new online means for private parties to report alleged robocalling and caller ID spoofing regulations.