p align=“center”> As the battle for the future of the Affordable Connectivity Program (ACP) continues on Capitol Hill, and the FCC prepares for the looming shutdown of the program, providers should be aware that the FCC’s Enforcement Bureau continues to investigate—and issue forfeitures—related to noncompliance with program rules, particularly around subscriber onboarding and usage of the ACP benefit by consumers. Earlier this year, the Federal Communications Commission (“FCC”) adopted two major Notices of Apparent Liability for Forfeiture against ACP providers. The FCC proposed a pena ..read more

p align=“center”> Aiming to curb the use of AI, voice cloning technology in robocall scams, on February 8, 2024, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling prohibiting unsolicited robocalls with voices generated by AI. With its ruling, which took effect immediately, the FCC made clear that the federal Telephone Consumer Protection Act (TCPA) – meant to curb junk phone calls – also outlaws unsolicited AI-generated robocalls. Robocalls are any call made using an artificial or prerecorded voice or made using an automatic telephone dialing system. AI enhan ..read more

p align=“center”> On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that dramatically reforms the Commission’s rules and policies governing communications attachments to utility poles. The FCC’s Fourth Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking introduces entirely new and expedited procedures for the processing of pole access complaints, as well as new restrictions associated with pole ..read more

p align=“center”> After more than three years of consideration, amidst the largest federal and state investment in broadband deployment, and anticipating disputes between broadband providers and utility pole owners concerning the terms and conditions of new attachments particularly in broadband expansion areas, the Federal Communications Commission (“FCC”) has released a new pole-attachment order If adopted, the order would dramatically reform the Commission’s rules and policies governing communications attachments to utility poles. Set for a vote at the FCC’s December 13th, 2023 open meeti ..read more

p align=“center”> On November 13, 2023, the Biden-Harris Administration issued a National Spectrum Strategy (the Strategy) and Presidential Memorandum on the modernization of U.S. spectrum policy. The Strategy, developed by the National Telecommunications and Information Administration (NTIA) in close coordination with the Federal Communications Commission (FCC) and other Executive Branch agencies, seeks to “guide decisions about how to allocate limited spectrum resources and ensure these decisions are made through a rigorous, transparent process.” The Strategy represents the Administration ..read more

p align=“center”> On November 16, 2023, the Federal Communications Commission (“FCC”) released a Report & Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”), adopting measures to address two techniques bad actors frequently use to access victims’ cell phone accounts: (1) SIM swapping and (2) port-out fraud. Key Takeaway: To combat growing instances of SIM card and number porting fraud that expose wireless customers, the FCC is requiring wireless providers (including mobile virtual network operators, or “MVNOs”) to implement customer authentication and other securit ..read more

p align=“center”> Consistent with the White House’s Executive Order this week laying out a national policy on AI, the Federal Communications Commission (“FCC”) released a draft Notice of Inquiry (“NOI”) that would look into the implications of emerging Artificial Intelligence (“AI”) technologies on the Commission’s efforts to prevent unwanted and illegal calls and texts under the Telephone Consumer Protection Act (“TCPA”). The TCPA already prohibits unwanted calls and texts using an “automatic telephone dialing system” or containing an artificial or prerecorded voice—and the FCC’s authority ..read more

p align=“center”> Recently, the FCC reminded telecom providers that the cost of failing to protect their customers’ privacy is steep. In a July 28, 2023 Notice of Apparent Liability for Forfeiture, the Federal Communications Commission fined Q Link Wireless LLC and Hello Mobile Telecom LLC, an affiliate of Q Link, $20 million for impermissibly relying upon readily available biographical information and account information to authenticate online customers.[1] Background. Q Link and Hello Mobile are both mobile virtual network operators, or MVNOs. As such, they are both subject to Sectio ..read more

p align=“center”> On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content moderation issues. The injunction is the result of a lawsuit filed in the U.S. District Court for the Western District of Louisiana. There, the Attorney Generals for Missouri and Louisiana sued several federal government agencies, alleging the government violated the First Amendment by coercing and illegally collaborating with social media compani ..read more

p align=“center”> On June 26, 2023, the Biden Administration unveiled funding allocations for the $42.5 billion Broadband Equity, Access, and Deployment (“BEAD”) program meant to rapidly expand affordable, high-speed broadband service across the country. Texas was the largest funding recipient, with an award of $3.3 billion, followed by California ($1.86 billion), Missouri ($1.74 billion), Michigan ($1.56 billion), and North Carolina ($1.53 billion). In all, 18 states each were allotted more than $1 billion. And each state, plus the District of Columbia and Puerto Rico, received at least $1 ..read more