Kelley Drye Full Spectrum

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part one of this episode focuses on the big picture in 2018 and the FCC's use of non-monetary tools to encourage adoption of industry best practices. After c...

The FCC has now proposed, or imposed, over $200 million in fines for unlawful caller ID spoofing and TCPA violations. In this edition of “Inside the TCPA,” Partner Steve Augustino and Associate Brad Currier discuss how enforcement fits in as part of the overall FCC TCPA policy strategy. This discussion features an overview of recent enforcement actions, including those against Best Insurance Contr...

In this new series, our attorneys will provide a recap of recent industry conferences and their takeaways. This episode focuses on the 8th Annual SHLB Conference “Building the Future Bit x Bit” which took place October 10th-12th. The two and a half day conference attracted more attendees than any other year. Partner Josh Guyan attended with Partner Steve Augustino, who moderated the “E-Rate Servic...

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier address the legal dangers facing entities that may be unfamiliar with telecommunications regulation. Steve and Brad focus on a multi-million dollar DOJ fraud prosecution involving the E-rate fund and a settlement of inadvertent transfers of FCC licenses occurring as a result o...

“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode tackles a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, partner Steve Augustino and associate Jenny Wainwright discuss efforts by the FCC and private industry to limit the number of illegal calls that reach consumers’ phones. In parti...

Our "Spectrum Update" series takes a close look at hot topics and issues in wireless spectrum. In this episode, Partners Chip Yorkgitis and Josh Guyan discuss the hotly contested changes that are proposed and ongoing in the spectrum between 3.1 and 4.2 GHz in the U.S. There appear to be potential opportunities for commercial mobile to share these bands with current uses, but there are also calls f...

The FCC recently reached a $5.25 million settlement with AT&T to resolve investigations into two 911 service outages that resulted in thousands of failed emergency calls. This edition of Full Spectrum’s series on FCC enforcement discusses the unexpected settlement and its implications on carrier network practices and the FCC's enforcement priorities. Partner Steve Augustino and Associate Brad Curr...

“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, partner Steve Augustino and associate Jenny Wainwright discuss the consent issues before the FCC in the agency’s remand proceeding after the 2018 D.C. Circuit decision in ACA...

The FCC returned to bread-and-butter enforcement issues such as cramming/slamming and equipment authorization while issuing a record fine for robocalling at the midway point of 2018. In this edition of Full Spectrum’s series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier tackle how the FCC’s “back to basics” approach compares to past administrations and why the FCC sometime...

Kelley Drye introduces a new Full Spectrum series, “Inside the TCPA,” which will offer a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this inaugural episode, partner Steve Augustino and associate Jenny Wainwright discuss the definition of an autodialer or ATDS...

In this edition of Full Spectrum’s series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major enforcement developments in April 2018. The Pai FCC’s Enforcement Bureau seems to be hitting its stride, taking actions in several “core” focus areas. This episode discusses developments in robocalls, slamming/cramming, rural call completion and pirate radio....

Starting January 1, 2019, any new video game software that is capable of accessing or using an advanced communications service must include solutions to eliminate barriers to accessibility for people with disabilities. In this episode, Partners Steve Augustino and Josh Guyan, and Associate Avonne Bell discuss the upcoming end to a waiver for video game software products that will bring them under...

Over a year into the Pai FCC, the Chairman’s enforcement priorities have come into focus. In Kelley Drye’s latest look at FCC enforcement, Partner Steve Augustino and Associate Brad Currier look at the "big ticket" FCC actions so far this year to identify enforcement trends and discuss where FCC enforcement is heading in 2018. They discuss important enforcement efforts in the first three months of...

Following presentations for the Pacific Telecommunications Council and the Wireless Communications Alliance, Partners Chip Yorkgitis and Josh Guyan join Associate Ross Slutsky to discuss current domestic and international spectrum regulatory matters, focusing on those that could affect 5G rollout. In this episode, Chip, Josh and Ross cover FCC spectrum policy and proceedings, including the 3.5 GHz...

As the second session begins, the 115th Congress will pick up where it left off on some key telecommunications and technology issues. In this episode, Partner John Heitmann and Jennifer McCadney, Special Counsel in Kelley Drye’s Government Relations and Public Policy group, examine the current status of these issues and the implications for what is likely to occur in the coming months. The three c...

Earlier this year, the Government Accountability Office (GAO) released a report focusing on the Lifeline program. Tucked away in that report was a significant discussion of Universal Service Fund (USF) contributor audits that has received little attention. In this episode, Partner Steve Augustino and Special Counsel Denise Smith discuss four trends in USF contributor audits they expect to result f...

Advancements in communications technologies and the latest personal devices are presenting new and unconventional ways for consumers to communicate via text, voice, or video with other people and devices. The FCC and disabilities access stakeholders have generally acknowledged the potential benefits to people with disabilities of these new technologies. In this episode, Partner Josh Guyan and Asso...

Our last episode took a look at the devastating impacts of Hurricane Harvey and Hurricane Irma. We ended that podcast by noting that, in the aftermath of such major weather events, a “business as usual” approach often no longer applies for affected communications service providers. Now in the aftermath of Hurricane Maria and Hurricane Nate, Associate Brad Currier provides a brief update on the FCC...

As communications networks continue to recover from the devastation of Hurricanes Harvey and Irma, and with further severe weather events on the horizon, this podcast takes a look at the impact the hurricanes have on communications service providers. In this episode, Partner Steve Augustino and Associate Brad Currier describe the outage reporting obligations applicable during disasters, caution pr...

In this podcast, Kelley Drye Partner Josh Guyan and Associate Avonne Bell discuss the recent waiver of text telephony (TTY) support rules granted to TracFone for new Wi-Fi calling options until real-time text (RTT) is fully implemented. They also discuss the recent FCC rule change underlying the TracFone waiver that permits wireless service providers and device manufacturers to support RTT technol...

When Ajit Pai was a Commissioner, he was a frequent critic of the FCC’s enforcement practice. Now that Chairman Pai has led the FCC for six months, his approach to enforcement is coming into better focus. In this podcast, KDW enforcement attorneys Steve Augustino and Brad Currier discuss what we know and what we’re yet to learn about Pai, the Enforcer.

On May 18, 2017, the Federal Communications Commission adopted a Notice of Proposed Rulemaking that seeks comment on reversing the 2015 Open Internet Order by reclassifying broadband as an “information service,” and potentially eliminating the bright line rules which ban blocking, throttling, and paid prioritization. The Restoring Internet Freedom Notice of Proposed Rulemaking is expected to gener...

The FCC is currently undertaking several measures to foster the development of next generation wireless connectivity. In this episode, partner Chip Yorkgitis and associates Avonne Bell and Ross Slutsky provide an overview of 5G and the related spectrum and infrastructure proceedings at the FCC. While it remains to be seen when and how 5G networks will become a reality, this podcast addressed key q...

On April 3, President Trump signed a congressional resolution undoing the comprehensive broadband privacy rules the Federal Communications Commission (FCC) adopted in October of 2016. The privacy rules stemmed from the FCC’s reclassification of broadband as a telecommunications service in 2015, and under the Congressional Review Act, the FCC is barred from issuing substantially the same rules in t...

This episode is the second in our series devoted to covering noteworthy developments relating to the Telephone Consumer Protection Act (TCPA). This series covers decisions from the FCC and federal courts, as well as any TCPA-related activity on Capitol Hill. In this episode, partner Steve Augustino and associate Jennifer Wainwright start off by discussing the 2015 TCPA Declaratory Ruling and Order...