Kelley Drye Full Spectrum
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Exploring legal trends and issues in the technology, telecommunications and media industries.
FCC Open Meeting Recap: March 2023 Part 117/03/2023 Duration: 24min
On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s March 16th Open Meeting. First, partner Hank Kelly discusses (0:00:58) the FCC’s adoption of a Report and Order and Further Notice of Proposed Rulemaking that addresses a gap in the STIR/SHAKEN caller ID authentication regime, expands robocall mitigation requirements for all providers, adopts more robust enforcement tools, and seeks comment on additional steps to further enhance the effectiveness of the STIR/SHAKEN framework. Hank Kelly also addresses (0:09:33) the FCC’s adoption of a Report and Order requiring providers to block texts purporting to be from numbers on a reasonable Do-Not-Originate list and requiring a single point of contact for text message blocking complaints, as well as its request for comments on additional proposals to require further blocking of illegal robotexts, expand Do-Not-Call protections to robotexts, and protect consumers from getting robotexts a
This Week in NPRMs: Unmanned Aircraft Systems and Data Privacy09/02/2023 Duration: 27min
This week on the Full Spectrum podcast, Communications partner Chip Yorkgitis discusses the FCC’s recent Notice of Proposed Ruling on Unmanned Aircraft Systems (0:51:-15:16), and Privacy partner Aaron Burstein discusses the recent NPRM on data security (15:17-26:49). (At the time of recording, the UAS NPRM had not yet been published in the Federal Register establishing comment deadlines. Publication occurred on February 7, 2023, setting a comment due date of March 9, 2023, and a reply comment due date of April 10, 2023.)
FCC Open Meeting Recap: December 202222/12/2022 Duration: 47min
On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s December Open Meeting as well as two important items from November. First, special counsel Mike Dover discusses these items -- Broadband labels and ACP data collection (1:27.057-19:07.750). Discussion of the December Open Meeting items then follows. Partner Tom Cohen discusses a Notice of Proposed Rulemaking that would take the next step in the Commission’s efforts to promote equal access to broadband by seeking comment on potential rules to address digital discrimination of access to broadband, consistent with Congress’s direction in the Infrastructure Investment and Jobs Act (19:07.750-26:11.750). Then, Partner Chip Yorkgitis covers a Notice of Proposed Rulemaking seeking comment on changes to its rules, policies, or practices to facilitate the acceptance for filing of satellite and earth station applications under Part 25 to help Commission processing stay apace with the numb
FCC Open Meeting Recap: October 202201/11/2022 Duration: 48min
On today’s episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s October Open Meeting. First, partner Chip Yorkgitis discusses the Commission’s adoption of a Notice of Inquiry to explore the potential restructuring of the 12.7 GHz Band to accommodate the introduction of Next-Generation and other mobile Wireless Services (1:15-13:39). Following Chip, partner Hank Kelly discusses Caller ID Authentication on Non-IP Networks (13:45-26:23). Finally, special counsel Mike Dover covers the FCC’s consideration of a Notice of Proposed Rulemaking to strengthen the operational readiness of the Emergency Alert System and Wireless Emergency Alerts (26:33-47:13).
FCC Open Meeting Recap: September 29, 202204/10/2022 Duration: 32min
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Special Counsel Mike Dover discusses the Commission’s Report and Order modifying the clarity and accessibility of Emergency Alert System (EAS) messages to the public to make alerts more accessible to the public, including for persons who are deaf or hard of hearing. (1:00). Partner Chip Yorkgitis discusses the Commission’s Second Report and Order addressing mitigation of orbital debris that adopts rules requiring low-Earth orbit space station operators planning disposal of their satellites after the end of mission through uncontrolled atmospheric re-entry, absent a waiver or applicable grandfathering, to complete disposal as soon as practicable and, in any event, within five years. (16:40) Subscribe for ongoing coverage of these topics and future FCC Open Meetings. The next FCC Open Meeting is slated for Oc
FCC Open Meeting Recap: August 5, 202209/08/2022 Duration: 36min
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Special Counsel Mike Dover discusses the establishment of the Affordable Connectivity Outreach Grant Program to provide eligible governmental and non-governmental entities funding to conduct outreach to increase awareness of and encourage participation in the Affordable Connectivity Program among eligible low-income households (0:47) and the consideration of a Third Report and Order which would establish the one-year Your Home, Your Internet Pilot Program with the goal of increasing awareness of the Affordable Connectivity Program among recipients of federal housing assistance and facilitating enrollment in the ACP by providing targeted assistance with the ACP application (10:50). Partner Chip Yorkgitis discusses several space-oriented items, including a report and order and further notice of proposed rulemaking
FCC Open Meeting Recap: July 14, 202215/07/2022 Duration: 29min
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen and Hank Kelly and Special Counsel Mike Dover discuss key actions and topics from the July 14th meeting, including the Report and Order and Second Further Notice of Proposed Rulemaking on an enhanced competition incentive program for wireless radio services, Further Notice of Proposed Rulemaking updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage (7:40), and the Notice of Inquiry on supporting survivors of domestic and sexual violence (16:50). Subscribe for ongoing coverage of these topics and future meetings.
NTIA Broadband Funding Opportunities (part 2)09/06/2022 Duration: 19min
*This is part two of a two-part episode* On May 13th, the National Telecommunications and Information Administration (NTIA) released three Notices of Funding Opportunity to implement major broadband deployment, adoption, and equity programs where approximately $45 billion in Infrastructure Act funding will be awarded. In this episode, Partner Tom Cohen and Special Counsel Mike Dover provide a brief overview of each program and the potential opportunities.
FCC Open Meeting Recap: June 8, 2022 (part 1)09/06/2022 Duration: 23min
*This is part one of a two-part episode* Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Chip Yorkgitis, and Hank Kelly discuss key actions and topics from the June 8th meeting, including (1:45) a Notice of Inquiry related to facilitating access to spectrum for offshore uses, (6:23) a Public Notice aimed at improving wireless 911 call routing, and(18:40) a previously adopted Notice of Proposed Rulemaking seeking comment on Affordable Connectivity Program data collection. Subscribe for ongoing coverage of these topics and future meetings.
FCC Open Meeting Recap: May 19, 202220/05/2022 Duration: 31min
Full Spectrum’s FCC Open Meeting Recaps feature a first take and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen and Hank Kelly and Special Counsel Mike Dover discuss key actions and topics from the May 19th meeting, including (00:53) a number of actions addressing foreign-originated and other illegal robocalls, (15:00) a proposal by the A-CAM Broadband Coalition to expand broadband service, and (26:40) a possible update to rules providing priority provision and restoration of service for national security and emergency response users. Look out for ongoing coverage of these topics and future meetings.
FCC Open Meeting Recap: April 21, 202222/04/2022 Duration: 18min
Full Spectrum’s FCC Open Meeting Recaps feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partner Chip Yorkgitis and Associate Belen Crisp discuss key actions and topics from the April 21st meeting, including (1:00) a look at the role receiver performance policies or requirements might play in the FCC’s spectrum management responsibilities, (11:05) strengthening Wireless Emergency Alerts, and (16:01) a proposed fine related to a common carrier’s alleged failure to comply with foreign ownership-related requirements. Look out for ongoing coverage of these topics and future meetings.
FCC Open Meeting Recap: March 16, 202217/03/2022 Duration: 26min
Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th meeting, including digital discrimination, pole replacement disputes, and the Connected Care Pilot Program. Look out for ongoing coverage of these topics and future meetings on this feed and on our blog, www.commlawmonitor.com.
Inside the TCPA, Episode 9: Robocall Mitigation Plans19/03/2021 Duration: 29min
In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin provide an update on the new FCC requirement for voice service providers to develop and implement robocall mitigation programs. Building on their Episode 7 discussion of the STIR/SHAKEN framework, Steve and Chris discuss when providers need to implement mitigation programs and what needs to be included. They also offer recommendations for customizing a program to fit a provider’s needs and how to build a program that is both effective and manageable. STIR/SHAKEN Advisory: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/KelleyDrye-STIR_SHAKEN-Advisory.pdf Robocall Mitigation Plan Checklist: https://www.kelleydrye.com/KelleyDrye/media/News-Pubs-and-Events-Images/KelleyDrye-Robocall-Mitigation-Plan-Checklist.pdf
Inside the TCPA, Episode 8: Supreme Court Preview07/12/2020 Duration: 24min
On December 8, 2020, the Supreme Court will hear argument in the case of Facebook v. Duguid, which is expected to resolve a widening Circuit split regarding the definition of an automatic telephone dialing system (ATDS). In this latest episode of the Inside the TCPA series, Partners Steve Augustino and Paul A. Rosenthal set the stage for the case and discuss the FCC actions leading up to the current status of the ATDS definition. In the second part of this podcast, originally recorded for Kelley Drye’s Ad Law Access podcast (https://soundcloud.com/adlawaccess), Paul does a deeper dive into Facebook v. Duguid and its implications. Kelley Drye’s TCPA Tracker newsletter Visit - www.kelleydrye.com/News-Events/Pub…rs/TCPA-Tracker Subscribe - www.kelleydrye.com/News-Events/Pub…a-tracker?dlg=1
Inside the TCPA, Episode 7: Challenges Ahead in Implementing STIR/SHAKEN20/11/2020 Duration: 26min
In this latest episode of the Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers, including what might be ahead in 2021.
Sizing up the FCC in 202122/10/2020 Duration: 32min
The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode, Communications Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational and policy changes under the next administration. The conversation features the future of the digital divide, the race to 5G, Section 230, anti-robocall activities, and more. Look out for post-election coverage from Kelley Drye’s Communications and GRPP groups.
FCC Enforcement Update, Episode 15: Breaking Barriers02/10/2020 Duration: 29min
In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Special Counsel Brad Currier feature a “decision of the month” illustrating key FCC enforcement trends. For September, they cover the proposed fine against BarrierFree, where the FCC took a hard look at broadband reporting requirements and the continuing violation theory. Steve and Brad discuss why all providers should pay attention to the BarrierFree decision and offer lessons for providers and other entities with FCC reporting obligations. Steve and Brad also briefly recap the summer in FCC enforcement and effects of the COVID-19 pandemic on FCC enforcement.
The Illinois Biometric Privacy Act - What are the Costs and Risks to Your Business?30/07/2020 Duration: 16min
Earlier this year, Facebook agreed to pay $550 million to settle an Illinois class action alleging that the company collected facial recognition data of users without disclosure, in violation of the state’s 2008 Biometric Information Privacy Act (BIPA). That large of a payment grabbed attention of both companies and the plaintiffs’ bar. In this episode, Special Counsel Mike Dover and Senior Associate Janine Fletcher-Thomas discuss biometric privacy rights with a special focus on Illinois’ BIPA, which is the only law in the country that allows individuals and classes to bring a private lawsuit for violations without actual injury, spawning a huge wave of litigation. With the use of biometrics increasing, Janine and Mike explain the basics of the law, how it may affect your business, recent class actions, what companies should be doing now to protect themselves, and what to expect in the future.
A Closer Look at the FCC’s COVID-19 Telehealth Program15/06/2020 Duration: 21min
On April 2, 2020, the FCC issued a Report and Order establishing the COVID-19 Telehealth Program. The program will provide $200 million in funding, appropriated by Congress as part of the CARES Act, to help health care providers provide connected care services to patients at their homes or mobile locations. In this episode, Partner John Heitmann and Special Counsel Denise Smith discuss healthcare provider eligibility criteria, funding coverage, and key application considerations. They also provide an update on awards granted. At the time of the recording, the FCC had awarded a total 104.98 million dollars over nine funding rounds, to 305 health care providers. This podcast follows April 28th webinar, a recording of which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-and-Beyond-How-to-Connect-to-New-FCC-Tele.
COVID-19 Related Bankruptcies: How Can Communications Service Providers Prepare?06/05/2020 Duration: 27min
With the COVID-19 economic disruptions and Chairman Pai’s Keep Americans Connected Pledge, planning for the possibility of telecom customers filing for bankruptcy takes on increased importance. In this episode, we provide an overview of the bankruptcy process and the rights and responsibilities of communications service providers when their customers enter into bankruptcy protection. Communications Partner Steve Augustino is joined by Partner Jason Adams and Associate Meaghan McLoughlin from Kelley Drye’s Bankruptcy practice group to give service providers the essential information they need to know to protect themselves before a bankruptcy petition is filed. In addition, they discuss the unique issues the Keep Americans Connected Pledge creates in a bankruptcy proceeding involving an affected customer.