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Federal Agencies

Supreme Court Upholds Act Banning Robocalls For Debt Collectors and Political Consultants

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Photo of Justice Neil Gorsuch in September 2019 by the LBJ Library used with permission

July 6, 2020 — The U.S. Supreme Court upheld a ban on unsolicited robocalls to cell phones with their Monday ruling on Barr v. the American Association of Political Consultants.

The court expanded the ban to additionally prohibit robocalls from political consultants and debt collectors.

The American Association of Political Consultants contended that an across-the-board ban on robocalls, established by the Telephone Consumer Protection Act of 1991, was unconstitutional because of a carveout added under the Obama Administration in 2015.

The carveout allowed for robocalls to be made in cases of debt collection backed by the federal government.

The consultants argued that the carveout created a content-based restriction on speech, in an attempt to get the entire robocall ban tossed out.

The Supreme Court largely rejected that argument, deciding that the carveout permitting debt collectors to call was unconstitutional rather than the ban itself.

The court severed the carveout aiding debt collectors, but left the ban intact, meaning that debt collectors can no longer make unsolicited robocalls to Americans’ cell phones.

While six justices agreed the carveout was an example of a content-based restriction, two justices, Neil Gorsuch and Clarence Thomas, voted to strike down the robocall ban entirely because it.

Seven justices agreed that the remedy to the issue should be severing the 2015 carveout.

In recent years, the Federal Communications Commission has taken several measures to combat illegal robocalls and malicious caller ID spoofing.

Agency Chairman Ajit Pai issued the following statement on the ruling, saying he had long opposed the 2015 carveout and has been calling for Congress to reverse course on the matter.

“I opposed that decision because, as I said at the time, the federal government should not bestow ‘regulatory largesse upon favored industries such as federal debt collectors,’” Pai said.

“Today, the Court found that the last Administration’s attempt to create a special exemption for favored debt collectors was not only bad policy but unconstitutional,” he continued. “I am glad to hear that Americans, who are sick and tired of unwanted robocalls, will now get the relief from federal-debt-collector robocalls they have long deserved.”

Contributing Reporter Jericho Casper graduated from the University of Virginia studying media policy. She grew up in Newport News in an area heavily impacted by the digital divide and has a passion for universal access and a vendetta against anyone who stands in the way of her getting better broadband.

FCC

Carrier Association Requests Reconsideration of FCC Decision on 911 Outage Notification

The CCA says the FCC order creates burdens on call providers and 911 special facilities.

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Photo of CCA president and CEO Tim Donovan

WASHINGTON, March 21, 2023 – The Competitive Carriers Association is asking the Federal Communications Commission to reconsider a November decision requiring carriers to provide certain network outage notifications within 30 minutes.

The FCC order mandates that originating call providers notify 911 special facilities – such as emergency call centers called public safety answering points – of outages “no later than within 30 minutes of when the outage that potentially affects 911 service is discovered.” The order also required those providers to keep up-to-date contact information for those special facilities in areas they serve.

In a petition on Friday, the CCA is asking for the FCC to review and implement flexibility in that timing. “The significant new requirements that the Commission has imposed on carriers…are likely to be burdensome and counter-productive not only for carriers, but also 911 special facilities,” the CCA said in its application, though it continues to encourage the commission to retain the “as soon as possible” requirement.

“At a minimum, however, the Commission should start the 30-minute timer (and subsequent timers) when actual originating service provider…notification occurs from its vendor or other underlying provider,” the CCA said, adding even then carriers “would face significant difficulty assessing the outage, identifying the appropriate” public safety answering points to notify, and making the required notifications within 30 minutes.

“Therefore, it would be appropriate to deem [originating call providers] compliant if they begin notifying affected PSAPs that an outage exists within the 30- minute timeframe, and continue to notify any PSAPs that the OSPs could not reach before the expiration of the 30-minutes,” the industry association added.

The association said the problem with the decision is it doesn’t account for the “practical difficulty (if not impossibility)” of getting a vendor notification, determining which of the thousands of answering points may be affected by the outage, and making the required notification in that timeframe. It said carriers frequently don’t get outage notifications from 911 solution vendors within 30 minutes.

“The unnecessarily rigid approach in the [order] will often make compliance an impossibility, and otherwise will require carriers to spend critical time and resources on notifications to PSAPs that are not affected by outages, and will subject PSAPs to frequent notifications regarding outages that do not affect them, with limited actionable information given the short deadline,” the CCA added.

The CCA is also requesting that the commission create and maintain a centralized database with information provided by the 911 special facilities. It notes that the FCC order fails to fully take into consideration the burden its approach will place on carriers, especially smaller ones with limited resources, and PSAPs, who are “likely to experience a recurring deluge of requests for updated contact information from numerous carriers subject to this amorphous standard.”

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FCC

FCC Nominee Gigi Sohn Withdraws from Consideration

Sohn was first nominated in October 2021.

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WASHINGTON, March 7, 2023 – The nominee for the fifth commissioner to the Federal Communications Commission withdrew her candidacy in a statement Tuesday, blaming “dark money political groups” for tainting her career.

“Unfortunately, the American people are the real losers here,” Gigi Sohn said in the statement. “The FCC deadlock, now over two years long, will remain so for a long time. As someone who has advocated for my entire career for affordable, accessible broadband for every American, it is ironic that the 2-2 FCC will remain sidelined at the most consequential opportunity for broadband in our lifetimes.”

Just last month, Sohn appeared before the Senate commerce committee for a third time and was lambasted by Republican members as an impartial nominee who has made controversial public statements on race and policing and who alleged gave money to members of the committee while being a nominee.

“When I accepted his nomination over sixteen months ago, I could not have imagined that legions of cable and media industry lobbyists, their bought-and-paid-for surrogates, and dark money political groups with bottomless pockets would distort my over 30-year history as a consumer advocate into an absurd caricature of blatant lies,” Sohn’s statement said. “The unrelenting, dishonest and cruel attacks on my character and my career as an advocate for the public interest have taken an enormous toll on me and my family.”

She appealed to the committee to hurry her to the Senate floor for votes so she can get to work on the FCC’s broadband availability map. She said in her statement that her withdrawal also means the commission won’t have the majority to adopt rules on nondiscriminatory access to broadband and to fix the Universal Service Fund programs.

Sohn was nominated for a second time by President Joe Biden in January.

“I hope the President swiftly nominates an individual who puts the American people first over all other interests,” she added in the statement. “The country deserves nothing less.”

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Digital Inclusion

NTIA Seeks Comment on How to Spend $2.5 Billion in Digital Equity Act

National Telecommunications and Information Administration is seeking comment on how to structure the programs.

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Photo of Veneeth Iyengar of ConnectLA

WASHINGTON, March 1, 2023 – The National Telecommunications and Information Administration announced Wednesday that it is seeking comment on how to structure the $2.5 billion that the Digital Equity Act provides to promote digital equity and inclusion. 

As part of the Infrastructure Investment and Jobs Act, the Digital Equity Act consists of two sub-programs, the State Digital Equity Capacity grant and the Digital Equity Competitive grant. Comments will guide how the NTIA will design, regulate, and evaluate criteria for both programs. 

“We need to hear directly from those who are most impacted by the systemic barriers that prevent some from fully utilizing the Internet,” Secretary of Commerce Gina Raimondo said Wednesday at the National Digital Inclusion Alliance’s Net Inclusion event in San Antonio. 

See Commerce Secretary Raimondo’s remarks at Net Inclusion:

The request for comment is part of NTIA’s strategy to hear diverse perspectives in implementing its goal to ensure every American has the skills and capacity needed to reap the benefits of the digital economy, stated a press release. 

The $1.44 billion State Digital Equity Capacity grant will fund implementation of state digital equity plans which will strategically plan how to overcome barriers faced by communities seeking to achieve digital equity.  

Simply making investments in broadband builds is not enough, said Veneeth Iyengar, executive director of ConnectLA, speaking at a Brookings Insitution event in December. Bringing digital equity means “driving adoption, digital skills, and doing the kinds of things that we need to do to tackle the digital divide.” 

The $1.25 billion Digital Equity Competitive grant program will fund anchor institutions, such as schools, libraries, and nonprofits, in offering digital inclusion activities that promote internet adoption. 

“Community-anchor institutions have been and are the connective tissue that make delivering high-speed internet access possible,” said Alan Davidson, head of the NTIA at AnchorNets 2022 conference. 

This announcement follows dissent on the definition of digital discrimination. Commenters to the Federal Communications Commission disagree on whether the intent of a provider should be considered when determining if the provider participated in digital discrimination. There has been no response from the FCC. 

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