FTC Event On Broadband Competition And Consumer Protection Issues Set For March 20th

February 28, 2019 – The Federal Trade Commission (FTC) will hold a public hearing on competition and consumer protection issues in broadband markets on March 20, 2019, the tenth session of its Hearings Initiative. The overall purpose of the hearing is to examine developments in U.S. broadband markets, technology, and law since the FTC staff’s 2007 Broadband Connectivity Competition Policy report and the FTC staff’s 1996 Competition Policy in the New High-Tech, Global Marketplace report. During the all-day event, participants will discuss the following topics: (i) the evolution of broadband networking and broadband markets since the FTC’s 2007 Broadband Report; (ii) the identification and evaluation of advertising claims by Internet service providers with respect to the delivery speed of content; and (iii) the identification and evaluation of conduct by broadband market participants that may be exclusionary or anticompetitive. The event is open to the public, and will be held at the Constitution Center, located at 400 7th Street SW, Washington, DC 20024.

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FCC Ready To Authorize CAF II Auction Support For 962 Winning Bids

February 27, 2019 – The FCC has announced it is ready to authorize Connect America Fund Phase II auction support for 962 winning bids made by 27 entities that filed post-auction long-form applications. However, the authorizations of support are subject to the submission of (1) an irrevocable stand-by letter of credit, and (2) a Bankruptcy Code opinion letter. More specifically, each of the 27 long-form applicants must provide the FCC with a separate letter of credit for each state where the applicant has winning bids that are ready to be authorized in an amount equal to at least the first year of support in the state. And, each applicant must submit “an opinion letter from legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that, in a proceeding under the Bankruptcy Code, the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the long-form applicant’s bankruptcy estate, or the bankruptcy estate of any other bidder-related entity requesting issuance of the letter of credit, under section 541 of the Bankruptcy Code.”

Letters of credit and bankruptcy opinion letters must be submitted to the FCC prior to 6:00 p.m. ET on Wednesday, March 13, 2019. Any long-form applicant that fails to file the required documents for any of its winning bids by the deadline will be in default on such bids and subject to forfeiture.

There were 103 winning bidders in the CAF II auction, and after some of them assigned all or part of their winning bids to related entities, a total of 134 companies filed CAF II auction long-form applications. FCC staff is continuing to review information submitted by other long-form applicants, and will make decisions on those applications on a rolling basis.

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FCC Announces 38 Applicants Qualified To Bid In 24 GHz Spectrum Auction

February 27, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that 38 applicants are qualified to bid in Auction 102. A total of 22 applicants were deemed not qualified to participate. The list of qualified bidders is available here, and the list of not qualified applicants is available here. In Auction 102, the FCC will offer 2,909 Upper Microwave Flexible Use Service licenses in the 24 GHz Band – 24.25–24.45 and 24.75–25.25 GHz. Bidding in the clock phase of Auction 102 is scheduled to begin on March 14, 2019. Additional information on Auction 102 procedures, bidding instructions, and continuing obligations for qualified and not qualified Auction 102 applicants can be found in the Wireless Bureau’s Public Notice.

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FCC Releases Revised A-CAM Offers, Sets March 27 Deadline To Accept

February 25, 2019 – The FCC’s Wireline Competition Bureau has announced  revised offers of Alternative Connect America Cost Model (A-CAM) support and associated revised deployment obligations for the 262 carriers that have already been authorized to receive A-CAM. These carriers have until March 27, 2019, to notify the FCC whether they accept the revised amount of model-based support. Each carrier’s revised state-level offer of model-based support and revised deployment obligations are detailed in A-CAM Report 14. Carriers should submit their election letters to the Bureau at ConnectAmerica@fcc.gov. If a carrier fails to submit an election letter by the March 27th deadline, it will be deemed to have declined the revised offer.

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Agenda For March FCC Meeting Includes Spectrum and E911 Location Items

February 22, 2019 – FCC Chairman Ajit Pai has announced the following tentative agenda for the FCC’s March 15 open meeting:

Spectrum Horizons – The FCC will consider a First Report and Order that would adopt rules to make available 21.2 GHz of spectrum above 95 GHz for unlicensed operations and create a new class of experimental licenses for the 95 GHz to 3 THz spectrum range. (ET Docket No. 18-21; RM-11795)

Expanding Broadband to the 900 MHz Band – The FCC will consider a Notice of Proposed Rulemaking that would propose to reconfigure the 900 MHz band to create a broadband segment to facilitate technologies and services for a wide variety of businesses, including critical infrastructure, as well as seek comment on various transition mechanisms to achieve this goal. (WT Docket No. 17-200)

Wireless E911 Location Accuracy Requirements – The FCC will consider a Fourth Further Notice of Proposed Rulemaking that proposes a vertical, or z-axis, location accuracy metric in connection with wireless E911 calls. (PS Docket No. 07-114)

LPTV, TV Translator, and FM Broadcast Station Reimbursement – The FCC will consider a Report and Order that implements Congress’s directive in the Reimbursement Expansion Act that the Commission reimburse certain low power television, television translator, and FM broadcast stations for costs incurred as a result of the Commission’s broadcast television spectrum incentive auction. (MB Docket No. 19-214, GN Docket No. 12-268)

Reauthorizing Television Satellite Stations – The FCC will consider a Report and Order that streamlines the reauthorization process for television satellite stations when they are assigned or transferred. (MB Docket Nos. 18-63, 17-105)

Partitioning, Disaggregation, and Leasing of Spectrum – The FCC will consider a Notice of Proposed Rulemaking that would explore how potential changes to our partitioning, disaggregation, and leasing rules might better close the digital divide and increase spectrum access by small and rural carriers, fulfilling the Commission’s requirement under the MOBILE NOW Act. (WT Docket No. 19-38)

Rural Call Completion – The FCC will consider a Fourth Report and Order to implement the Improving Rural Call Quality and Reliability Act of 2017 by establishing service quality standards for intermediate providers.  (WC Docket No. 13-39)

The meeting is scheduled to start at 10:30 a.m. EDT in the Commission Meeting Room at the FCC Headquarters, 445 12th Street, S.W., Washington, D.C. The meeting will be streamed live online at www.fcc.gov/live.

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Roku Releases 2018 Earnings, Ends 2018 With 27.1 Million Active Accounts

February 21, 2019 – Video streaming company Roku Inc. has released fourth quarter and fiscal year 2018 financial information. As set out in a letter to shareholders, Roku added 3.3 million incremental active accounts in the fourth quarter of 2018, and ended the year with 27.1 million active accounts. Roku added nearly 7.8 million incremental active accounts in 2018. The company claims “that nearly 1 in 5 U.S. TV households now use the Roku platform to stream at least a portion of their TV viewing,” and “more than one in four smart TVs sold in the U.S. were Roku TVs.” As for revenue in 2018, Roku’s total net revenue grew 45% year-over-year to $742.5 million, while platform revenue increased 85% year-over-year to $416.9 million. Roku’s average revenue per user increased by $4.17 to $17.95, on a trailing 12-month basis. Roku says it expects to reach $1 billion in revenues in 2019, or roughly 36% year-over-year growth, with platform revenue representing roughly two-thirds of total revenue.

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FCC Seeking Comment On Two ETC Petitions Filed By CAF II Auction Winners

February 20, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on two separate petitions for designation as an eligible telecommunications carrier filed by CAF Phase II auction winners Redwire, Inc. and Viasat Carrier Services, Inc. Redwire, a Tribal entity owned by Otoe-Misouria Development Authority, is seeking ETC designation in 1,541 census blocks in Oklahoma. Viasat, a satellite broadband provider, is seeking ETC designation in 10,272 census blocks in Alabama, California, Florida, and West Virginia. Comments on either petition are due on or before March 6, 2019. Reply comments are due March 13, 2019.

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Arkansas Legislature Approves Bill Allowing Cities To Provide Broadband Service

February 20, 2019 – The Arkansas state House of Representatives unanimously passed a bill to allow government entities to provide broadband Internet access service on their own or in cooperation with a private company. The bill, which amends the Telecommunications Regulatory Reform Act of 2013, was previously approved unanimously in the Arkansas Senate. It now heads to Arkansas Governor Asa Hutchinson, who is expected to sign the bill into law.

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FCC Chairman Circulates Draft 2019 Broadband Deployment Report

February 19, 2019 – FCC Chairman Ajit Pai has circulated a draft 2019 Broadband Deployment Report to the other FCC commissioners for consideration. The report – based on data through the end of 2017 – shows that the number of Americans lacking access to a fixed broadband connection with speeds of at least 25/3 Mbps has dropped since the last report, from 26.1 million to 19.4 million. According to the FCC’s News Release, of the 6.7 million Americans that gained access to high-speed connections, approximately 5.6 million live in rural areas, where broadband deployment has traditionally lagged. The report shows that broadband providers deployed fiber to 5.9 million new homes in 2018, and overall, capital expenditures by broadband providers increased in 2017, reversing declines that occurred in both 2015 and 2016. Other key data points in the report include the following:

• The number of Americans with access to 100 /10 Mbps fixed broadband increased by nearly 20%, from 244.3 million to 290.9 million.

• The number of Americans with access to 250/50 Mbps fixed broadband grew by over 45%, to 205.2 million, and the number of rural Americans with access to such service more than doubled.

For the second year in a row, the report concludes that advanced telecommunications capability (broadband service) is being deployed to all Americans in a reasonable and timely fashion. The FCC is expected to vote on the report in the coming weeks.

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FCC Order Transitions CAF Phase I Support In Areas Where CAF II Auction Support Was Awarded

February 15, 2019 – The Federal Communications Commission has adopted a Report and Order that explains how the FCC will phase down Connect America Fund (CAF) Phase I frozen support in areas where price cap carriers declined the offer of model-based CAF Phase II support. Roughly seven years ago during the first phase of the CAF implementation, price cap carriers’ high-cost support amounts were frozen, and each carrier was offered CAF II support on a state-wide basis. If a carrier turned down CAF II support, its areas were included in the CAF II auction, which closed in August 2018. The next step is to transition legacy support – for price cap carriers and fixed competitive ETCs – prior to authorizing CAF Phase II auction support to winning bidders.

For price cap carriers, the FCC’s Report and Order addresses how to allocate Phase I frozen support to areas won at auction, areas not eligible for the auction, and areas eligible but not won at auction. For auction-eligible census blocks where price cap carriers receive CAF Phase I frozen support, starting the first day of the month following the authorization of Phase II auction support in a price cap carrier’s designated service area within a state, the price cap carrier’s legacy support will be (1) converted to Phase II support (for a winning price cap carrier bidder); (2) maintained for an interim period (for the price cap carrier in areas without a winning bidder); or (3) eliminated (for price cap carriers in areas won by another carrier).

For fixed competitive ETCs, their legacy support will be erased over two years, beginning on the first day of the month immediately following the first authorization of any Phase II auction support. They will receive support equal to two-thirds of their total legacy support for the first 12 months and one-third over the following 12 months.

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Pleading Cycle Set For Nextstar-Tribune Merger

February 14, 2019 – The FCC’s Media Bureau has announced the pleading cycle for the applications seeking FCC consent to transfer control of Tribune Media Company to Nexstar Media Group, Inc. In November 2018, the parties entered into an agreement in which Nexstar will acquire all outstanding equity interests of Tribune in an all cash transaction. Titan Merger Sub, Inc., a wholly-owned subsidiary of Nexstar, will merge with and into Tribune, with Tribune continuing as the surviving corporation, and Tribune will become a wholly-owned subsidiary of Nexstar. As part of the transaction, the parties are seeking FCC consent to the transfer of control of licenses for full-power broadcast television stations (and related broadcast auxiliary facilities), low-power television stations, TV translator stations, and radio stations. The applications for transfer of control of licenses have been accepted for filing upon initial review. Interested persons must file petitions to deny no later than March 18, 2019. Oppositions to petitions to deny must be filed no later than April 2, 2019. Replies must be filed no later than April 9, 2019. Persons and entities that file petitions to deny become parties to the proceeding.

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Markey And Eshoo Introduce Truth-In-Billing Legislation

February 14, 2019 – U.S. Senator Edward Markey (D-MA) and Congresswoman Anna Eshoo (D-CA) have introduced the Truth-in-Billing, Remedies, and User Empowerment over Fees (“TRUE Fees”) Act of 2019 in the Senate and U.S. House of Representatives, respectively. According to a press release announcing the legislation, the TRUE Fees Act, if passed, would require phone, cable, and Internet service providers to include fees, charges, and surcharges in the prices they advertise for services. Also, the bill would require service providers to give customers 21 days’ notice of any service fee increases; allow customers to end their service contracts without early termination fees if their provider increases prices; prevent increases on equipment fees unless providers improve the applicable equipment; and prohibit forced arbitration clauses for wrongful billing errors. The TRUE Fees Act has been endorsed by the following consumer interest organizations: National Consumer Law Center, on behalf of its low-income clients; Consumer Reports; Consumer Federation of America; and Public Knowledge. Representative Eshoo introduced identical legislation during the 115th Congress without success.

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NTIA Will Work With 8 States To Improve Broadband Map

February 12, 2019 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has announced it is working with eight states – California, Maine, Massachusetts, Minnesota, North Carolina, Tennessee, Utah, and West Virginia – to update the national broadband availability map. The Consolidated Appropriations Act of 2018 allocated $7.5 million to NTIA to update the national broadband availability map in coordination with the FCC and using existing state partnerships. The initial eight states were chosen because they reflect geographic diversity, have active state broadband plans or programs, and were willing to contribute data that can be combined with nationwide data sources. According to its press release, NTIA expects to seek future participation from additional states, territories and federally recognized tribes that have broadband programs or related data-collection efforts.

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President Trump Issues Executive Order Creating Artificial Intelligence Initiative

February 12, 2019 – President Trump has issued an Executive Order creating the American artificial intelligence initiative (AI Initiative), a federal government strategy to sustain and enhance U.S. scientific, technological, and economic leadership in AI research, development, and deployment. The AI Initiative will be carried out by federal agencies that are involved with developing and deploying AI (implementing agencies), and will be coordinated through the National Science and Technology Council (NSTC) Select Committee on Artificial Intelligence. Among other things, the Executive Order issues the following commands:

• Directs the heads of implementing agencies that also perform or fund AI research and development to budget for and make AI a priority.

• Directs federal agencies to increase access and use of data and computing resources for AI research and development.

• Directs the National Institute of Standards and Technology (NIST) to issue, within 180 days, a plan for Federal engagement in the development of technical standards and related tools in support of reliable, robust, and trustworthy systems that use AI technologies.

• Directs implementing agencies to pursue six strategic objectives in furtherance of both promoting and protecting advancements in AI, including reducing barriers to the use of AI technologies and training the next generation of American AI researchers.

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FCC Announces Process For Relicensing 700 MHz Spectrum In Unserved Areas

February 12, 2019 – The FCC’s Wireless Telecommunications Bureau has issued a Public Notice detailing the process for relicensing 700 MHz band spectrum in areas where licensees fail to meet the final construction benchmark. Spectrum licenses in the 700 MHz band have interim and end-of-term construction benchmarks, and are subject to the FCC’s “keep-what-you-serve” rules. The end-of-term construction benchmark for Lower A and B and Upper C block licenses must be met by June 13, 2019, while the deadline for Lower E block licenses is March 7, 2021. Prior to the applicable deadline, licensees must file coverage maps and supporting documents showing they have met the end-of-term coverage requirement, or demonstrating their level of non-compliance. The FCC’s keep-what-you-serve rules require a licensee to return the geographic portion of its license that it fails to serve. The Wireless Bureau will evaluate shapefiles submitted by licensees that failed to achieve their required coverage and determine the unserved areas of each market that will be available for relicensing. Following a public review period, there will be a two-phase application process for relicensing unserved areas, starting with a 30-day Phase 1 filing window, and then a Phase 2 rolling window. Applications must be filed via ULS, and include a shapefile describing the desired license area.

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New FCC Process For Reporting Changes To Antenna Structure Ownership

February 11, 2019 – The FCC has revised its Antenna Structure Registration System (ASR) by implementing a new two-step process for reporting changes in ownership of towers and other structures. Under the new ownership change application process, both the assignor (current owner of tower or structure) and the assignee (new owner) must log into the ASR, complete their respective portions of the application, and provide the signature of an authorized person. To prevent unauthorized changes, both the current owner and the new owner of an antenna structure will be required to approve any change in ownership registration. The change will be implemented on February 14, 2019.

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GAO Releases Report On Oversight Of Internet Privacy

February 10, 2019 – The U.S. Government Accountability Office (GAO) has released a report on Internet privacy. The GAO report discusses: (1) the benefits and concerns associated with the collection of Internet users’ personal information for commercial purposes; (2) oversight of Internet privacy by the FTC and FCC; and (3) stakeholder views on the strengths and limitations of Internet privacy oversight, and how the current approach could be enhanced. As shown in the report, Internet industry stakeholders interviewed by GAO had varied opinions on Internet privacy and how it could be enhanced, but most said they favored the FTC’s current approach – direct enforcement using unfair and deceptive practices statutory authority, rather than promulgating and enforcing regulations. Some stakeholders, however, suggested the creation of a new data-protection agency to oversee consumer privacy. According to the GAO, Internet stakeholders generally identified three main ways in which Internet privacy oversight could be enhanced:

Federal Privacy Statute – some stakeholders said an overarching Internet privacy statute could enhance consumer protection by clearly articulating to consumers, industry, and agencies what behaviors are prohibited.

Rulemaking – some stakeholders said that regulations can provide clarity, enforcement fairness, and flexibility.

FTC Civil Penalty Authority – some stakeholders said the FTC’s Internet privacy enforcement could be more effective if it had authority to levy civil penalties for first-time violations of the FTC Act.

The GAO report was issued in response to a request by Congressman Frank Pallone, Jr. (D-NJ) “to examine issues related to federal oversight of Internet privacy,” in the wake of numerous high-profile privacy violations over the past few years, such as the 2018 Facebook-Cambridge Analytica scandal.

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FCC February 14th Open Meeting

February 7, 2019 – The Federal Communications Commission will hold its next open meeting on Thursday, February 14, 2019 at 10:30 a.m. EST. The final agenda contains the following five items:

(1) Transitioning to CAF Phase II Auction Support in Price Cap Areas – The FCC will consider a Report and Order establishing a schedule to end Connect America Fund (CAF) Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WC Docket No. 10-90)

(2) Licensing Noncommercial Educational Broadcast and Low Power FM Stations – The FCC will consider a Notice of Proposed Rulemaking proposing revisions to the Commission’s NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)

(3) Elimination of Form 397 – The FCC will consider a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the FCC’s rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)

(4) Internet Protocol Captioned Telephone Service – The FCC will consider a Report and Order, Further Notice of Proposed Rulemaking, and Order adopting some measures, and seeking comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123)

(5) Anti-Spoofing Provisions of the RAY BAUM’S Act – The FCC will consider a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-355, 11-39)

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Senators Want FCC To Investigate Alleged Throttling Practices Of Major Wireless Providers

February 6, 2019 – Three U.S. Senators have asked the FCC investigate allegations that the four nationwide mobile wireless providers are throttling and prioritizing Internet traffic without disclosing the practices to their customers – a potential violation of the FCC’s broadband transparency rules. Senators Edward Markey (D-MA), Ron Wyden (D-OR), and Richard Blumenthal (D-CT) made the request in a letter to FCC Chairman Ajit Pai. The Senators state that a recent study found that the largest wireless providers are slowing Internet traffic to and from popular apps like YouTube and Netflix. The Senators also note that they previously wrote to the four major U.S. wireless providers in November 2018 to express their concern that the providers were not properly informing customers and third-party video providers about throttling practices. Responses from that inquiry, however, did not alleviate their concern. Accordingly, the Senators want the FCC to investigate. In their letter, the Senators have asked Chairman Pai to let them know by February 27, 2019 whether the FCC will investigate AT&T, T-Mobile, Sprint, and Verizon’s video-streaming policies and the carriers’ disclosures to their customers about the policies.

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FCC Seeking Comment On NECA Average Schedule Formulas

February 6, 2019 – The FCC’s Wireline Competition Bureau is seeking comment the National Exchange Carrier Association, Inc.’s (NECA) proposed modification of average schedule formulas. Average schedule companies are one of the two types of incumbent local exchange carriers that fall under rate-of-return regulation. The other category is cost companies. They file cost studies detailing their spending, regulated and unregulated costs, and compliance with FCC regulations, all of which support their universal service fund support disbursements. Average schedule companies are smaller rate-of-return carriers that estimate some or all of their costs through the use of an “average schedule,” instead of filing a company-specific cost study, which can be extremely burdensome and expensive. NECA is required either to file revised average schedule formulas annually by December 31 or certify that no revisions are necessary. On December 20, 2018, NECA proposed to revise the formulas for average schedule interstate settlement disbursements in connection with the provision of interstate access services for the period beginning July 1, 2019, through June 30, 2020. Comments on NECA’s proposed revisions are due on or before March 8, 2019. Reply comments are due March 25, 2019.

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U.S. Dept. of Agriculture Releases e-Connectivity Toolkit

February 6, 2019 – The U.S. Department of Agriculture has released an e-Connectivity Toolkit to help support the deployment of broadband access in rural communities. The e-Connectivity Toolkit – it is free and available to the public online – provides information on the 27 USDA programs that are being used to increase broadband deployment. It can used by potential USDA ReConnect Program applicants to locate resources the federal government offers related to planning and constructing broadband networks.

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Senate Commerce Committee To Hold February 27 Hearing On Federal Data Privacy Framework

February 5, 2019 – The Senate Committee on Commerce, Science, and Transportation has announced it will convene a hearing titled, “Policy Principles for a Federal Data Privacy Framework in the United States,” at 10:00 a.m. on Wednesday, February 27, 2019. The hearing will examine what Congress should do to address risks to consumers and implement data privacy protections for all Americans. In the notice announcing the hearing, Committee Chairman Roger Wicker (R-MS) stated he hopes the hearing “will offer valuable insights that will help set the stage for meaningful bipartisan legislation.” Witnesses have not been announced.

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Representative Pallone Introduces Stopping Bad Robocalls Act

February 4, 2019 – Representative Frank Pallone, Jr. (D-NJ), Chairman of the House Committee on Energy and Commerce, has reintroduced the Stopping Bad Robocalls Act (HR 946) in the U.S. House of Representatives. According to the press release announcing the legislation, the Stopping Bad Robocalls Act would curb the rise of robocalls by:

Amending the Telephone Consumer Protection Act (TCPA) to ensure that the FCC has the authority and the tools to take strong, quick action when they track down robocallers;

Allowing consumers to revoke consent they had previously given to receive calls at any time and in any reasonable manner;

Codifying a reassigned number database to put robocallers on notice when a telephone number they may have previously been authorized to call has been given to a new customer who has not authorized their call;

Limiting the number of robocalls exempted from the TCPA under the FCC’s rules;

Requiring calls to have verified caller identification information associated with a call before the call can be put through; and

Extending the statute of limitations from one year to four years for callers violating robocall prohibitions. 

Representative Pallone introduced the same legislation in the 115th Congress without success.

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New FCC Fraud Division Will Police Universal Service Fund Programs

February 4, 2019 – The FCC will create a fraud division within its Enforcement Bureau to investigate and prosecute fraud, waste, and abuse in the four universal service fund programs. According to the FCC’s announcement of the decision, the new fraud division will work closely with the FCC’s Office of Inspector General, the U.S. Department of Justice, and other law enforcement agencies. The fraud division will be established following review and approval by the Office of Management and Budget and the House and Senate Appropriations Committees.

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Copyright Office Announces April 8 Roundtable Event On DMCA Safe Harbor Provisions

February 1, 2019 – The U.S. Copyright Office has announced it will hold a one-day public roundtable event as part of an ongoing effort to evaluate the impact and effectiveness of the Copyright Act’s safe harbor provisions for online service providers. The event will be held on April 8, 2019, from 9:00 a.m. to 5:00 p.m. at the Library of Congress Madison Building, 101 Independence Avenue SE, Washington, DC 20540. The Copyright Office launched a review of the Section 512 safe harbor provisions in 2016 by releasing a notice of inquiry that sought public comment on 30 questions grouped into eight categories. A second notice of inquiry followed, along with public roundtable events in New York City and Stanford, California. The April 8, 2019 roundtable in DC will focus on relevant domestic and international developments that have occurred since the close of the second notice of inquiry comment period on February 6, 2017. Additional information on the Copyright Office’s review of Section 512, as well as comments filed in response to the notices of inquiry are available online.

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HHS Updates Federal Poverty Guidelines, Lifeline Providers Advised To Update Forms

February 1, 2019 – The U.S. Department of Health and Human Services has published the 2019 Federal Poverty Guidelines. There are three separate sets of guidelines: the 48 contiguous U.S. states and the District of Columbia; Alaska; and Hawaii. Under the FCC’s rules for the Lifeline program, consumers qualify for Lifeline benefits if their gross annual household income is at or below 135% of the Federal Poverty Guidelines. The Universal Service Administrative Company (USAC) has updated the National Lifeline Eligibility Verifier web portal application and paper application to reflect the 2019 poverty guidelines. Lifeline service providers have 30 days from February 5, 2019, to update their Lifeline application forms and systems. However, USAC advises those Lifeline providers that have state-issued forms to follow their state’s guidance.

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