FCC Adopts Rules to Stop Some Unwanted Telemarketing “Robocalls”

February 21, 2012 by Leave a Comment

The Telephone Consumer Protection Act (“TCPA”) placed limits on unsolicited prerecorded telemarketing calls to home landlines, and all robocalls to wireless numbers, emergency numbers, and patient rooms at health care facilities.  On February 15, the FCC adopted more rules to protect consumers from pre-recorded telemarketing calls (“robocalls”) or text messages.

The FCC’s new rules are meant to work in conjunction with the FTC’s existing rules against these telemarketing messages and will:

  • require telemarketers to get prior written consent (which may be electronic) from consumers before placing a robocall to a consumer;
  • eliminate the “established business relationship” exemption to the previous requirement that telemarketing robocalls to personal residence wireline phones occur only with prior consent from the consumer;
  • require telemarketers to provide an automated interactive “opt-out” option during the call that consumers can immediately tell telemarketers to stop calling;
  • limit the number of “dead air” calls[1] that telemarketers can make.

However, the new rules will not limit or prohibit informational pre-recorded calls from schools or airlines. In addition, the rules do not prohibit robocalls from politicians or charitable organizations.

The FCC’s new rules do not eliminate the old rules, they only add to them. Under already existing rules individuals can register their phone numbers on the national Do-Not-Call list, which was supposed to prohibit telemarketers from calling unless you have given your prior permission to call, they are exempt from the rules. However, under the new rules even if the calling business has a prior business relationship with the individual they are calling, the business is not allowed to call the individual without prior written consent that can now be revoked even during the call.

Many people are disappointed that these new rules will not stop political calls and fear that political organizations may actually be able to access the do-not-call registry to obtain additional phone numbers to call. However, the FCC and FTC still recommend putting your phone numbers on the registry if you do not want telemarketing calls.

In addition to the registry, consumers are encouraged to file a complaint with the FCC if you believe that a telemarketer has violated the robocall rules. The complaint system helps the FCC investigate and stop offending telemarketers.

To read the FCC’s full Order click here.

We welcome your thoughts, please feel free to comment!

If you have questions about any of these issues, or if we may be of assistance to you on any other matter, please feel free to contact us.

[1] A telemarketer places a dead air call by using an automatic dialer to call a consumer for the purpose of logging  the time of day a consumer answers their phone in order to determine what time to have a live telemarketer call the consumer back.

Filed under FCC Regulation, Technology and Telecom Law

Reminder UPdate: Select Upcoming FCC Regulatory Deadlines

January 10, 2012 by Leave a Comment

The FCC imposes a number of filing requirements on common carriers and on other related telecommunications companies.  Some of these requirements have annual deadlines; others have deadlines systematically throughout the year. Penalties and late fees for non-compliance with these and other FCC deadlines can be significant, so regulatory compliance is critical. This is a reminder of certain upcoming deadlines; it is not intended to be a comprehensive list of all regulatory filing requirements or deadlines nor is it legal advice.  This list does not include any state regulatory filing requirements. We are pleased to provide information regarding other filing requirements at the federal level and filing requirements for any state upon request.

Universal Service Fund (USF) – Forms 499-Q and 499-A

The FCC’s Form 499-Q (due quarterly) and FCC Form 499-A (due annually on April 1, 2011). This obligation is directed to service providers with estimated annual universal service contributions above a de minimus level of revenue from interstate and, international end users. The Universal Service Fund (USF) fee is to be paid based on reported interstate and international revenues, and is billed to the carrier by the Universal Service Administrative Company (USAC).

USF Quarterly Contribution Factor 2012
   Quarter 1 2012 (499-Q Form Due Feb. 1, 2012)

0.179

17.90%

Prepaid Card Provider PIU Report

Every prepaid calling card service provider is required to report percentage of interstate usage (PIU) factors and call volumes to those carriers from which they purchase transport services by the 45th day of each calendar quarter.  Additionally, such providers must file quarterly certifications with the FCC; these certifications must include:

  1. Percentages of intrastate, interstate and international calling card minutes for that reporting period;
  2. Percentages of total prepaid calling card service revenue (excluding revenue that is exempt under the military exemption) that are interstate and international and therefore subject to federal USF assessments for the reporting period;
  3. A statement that the prepaid calling card provider is making the required USF contribution based on the reported information; and
  4. A statement that it has reported the required information to carriers from which it purchases transport services.

Annual CPNI Compliance Certification

CPNI Compliance Certifications must be filed annually between January 1 and March 1 for data pertaining to the previous calendar year. These rules apply to telecommunications carriers and interconnected VoIP providers, including but not limited to: LECs (including ILECs, rural LECs and CLECs), IXCs, paging providers, CMRS providers, resellers, prepaid telecommunications providers, and calling card providers, interconnected VoIP providers and wholesalers.

Rate Integration Certification

The Rate Integration Certification must be filed annually by non-dominant providers of detariffed interexchange carriers (IXCs) services.  IXC’s must certify compliance with their geographic rate average and rate integration obligations under § 254(g) of the Communications Act. An officer of the company must sign the Certification under oath.   The deadline for filing is May 1, 2012.

FCC Form 395 Annual Carrier Employment Report

Form 395 must be filed by all licensees and permittees of common carrier stations with sixteen (16) or more full-time employees.  The instructions for completion of this form may be found on the FCC web site.  The form is due May 31, 2012.

If you have questions about any of these filing requirements or deadlines, or if we may be of assistance to you on any other matter, please feel free to contact us.

Filed under FCC Regulation, Technology and Telecom Law

FCC Alert: IP Conferencing Providers Be Warned – Contribute to USF

November 14, 2011 by Leave a Comment

On November 3, the FCC issued an Order denying MeetingOne.com Corp.’s review of a decision by the Universal Service Administrative Company (USAC) finding that the IP bridging services offered by MeetingOne are subject to federal universal service fund (USF) reporting and contribution obligations both prospectively and retrospectively. Therefore, MeetingOne is required to contribute to USF beginning with their fourth quarter 2008 revenues.

The FCC found that the services that MeetingOne provides are “substantially equivalent to the audio bridging services described in the InterCall Order and MeetingOne’s use of IP technology in the provision of that service does not alter our determination that MeetingOne’s service is telecommunications subject to direct USF reporting and contribution obligations.” The Intercall Order found that voice conferencing services were “telecommunications services,” not “information services” and therefore were subject to USF contributions.

In 2009, MeetingOne requested that USAC confirm that it was not required to make direct USF contributions or file a Form 499, arguing that the InterCall Order did not apply to them because it’s IP audio bridging services were different from InterCall’s. However, USAC rejected this request, stating that MeetingOne was required to contribute to USF starting with the last quarter of 2008 just as InterCall was required to.

The FCC approved of USAC’s decision in it’s November 3 Order stating that both services allowed end users to perform the same functions, and that additional functionality did not transform MeetingOne’s audo bridging service into an “information service.” Moreover, the FCC rejected MeetingOne’s argument that it “reasonably determined in good faith” that the InterCall Order did not apply to them, instead stating that the InterCall Order put the industry “on notice” that it had to contribute to USF beginning in the fourth quarter of 2008.

To read the Commission’s Order click here.

We welcome your thoughts, please feel free to comment!

If you have questions about any of these issues, or if we may be of assistance to you on any other matter, please feel free to contact us.

Filed under FCC Regulation, Technology and Telecom Law

FCC Alert: Non-Interconnected VoIP Providers Must File 499-A & Contribute to TRS Fund

October 19, 2011 by Leave a Comment

On October 11, the FCC adopted rules requiring interconnected and non-interconnected VoIP providers to participate in and contribute to the Telecommunications Relay Services (TRS) Fund, to register with the FCC, and to file an annual FCC Form 499-A

Interconnected VoIP providers have been required to contribute to the TRS Fund since 2007 via the required annual filing of a499-A form. However, non-interconnected VoIP providers have not been required to contribute or file an FCC Form 499-A until now.

Under the Communications and Video Accessibility Act (CVAA), non-interconnected VoIP service “enables real-time voice communications that originate or terminate to the user’s location using internet protocol or any successor protocol, requires Internet protocol compatible customer premises equipment, and does not include any service that is an interconnected VoIP service,” such as “one-way” VoIP services and “IP-based voice services that do not require a broadband connection.”

Under the new Section 715 of the Communications Act non-interconnected VoIP service providers are now required to contribute to the TRS Fund and are now required to register with the Commission or report revenues through the annual filing of FCC Form 499-A.

To read the Commission’s order click here.

We welcome your thoughts, please feel free to comment!

If you have questions about any of these issues, or if we may be of assistance to you on any other matter, please feel free to contact us.

Filed under FCC Regulation, Technology and Telecom Law

New E911 Rules Take Effect Next Month

October 11, 2011 by Leave a Comment

The FCC has published new rules, which take effect on November 28, 2011, in the Federal Register designed to more easily monitor an individual’s location via their personal communications devices. The purpose of the location technology rules is to find an individual’s location in an emergency situation. Some of the rules take effect immediately and require carriers to have a tougher testing process and better location-finding accuracy. However, other rules will be phased in over multiple years. The FCC is also seeking comment on a number of accuracy requirements related to the extent of the regulations and specifically how they relate to VoIP, cellular, and WiFi.

The new rules build upon rules established in 2010 in which the FCC made existing accuracy requirements more stringent for carriers who use GPS in the customer’s handset (“handset solutions”) or use triangulation of radio signals among cell towers (“network solution”) to obtain an individual’s location. The FCC wanted to ensure that highly accurate customer locations could be obtained in all parts of a carrier’s service area, with the exception of areas with dense forests where triangulation would not be possible.

These requirements go into effect over eight years after which the FCC will eliminate the separate network-based accuracy standard, which means that locations will no longer be reported by triangulation. Instead, the FCC determined that because of the increasing prevalence of GPS technology it should become the exclusive standard for accurately establishing a customer’s location by the end of the eight-year period.

The FCC’s rules also require carriers to conduct periodic tests of their actual accuracy levels and report results to local authorities and to the FCC. The FCC chose to implement these rules in order to ensure that carriers were maintaining their location technology.

The FCC is seeking comment on a number of issues related to accuracy requirements including:

  • whether it should extend the E-911 accuracy requirements to outbound-only interconnected voice services;
  • whether it should extend this requirement incrementally to include one-way VoIP calling (a “Skype-out” only situation);
  • how VoIP customers can be located without customers having to register themselves;
  • how indoor calling locations can be more accurately pinpointed;
  • whether WiFi hotspots can be used to help locate callers.

Comments on these issues are due 60 days after the September 28, 2011 publication in the Federal Register (November 27, 2011) with replies due 30 days later (December 27, 2011).

Consumers will not have the opportunity opt-out of the ability to have their location pinpointed under the FCC regulations. The FCC specifically addressed these privacy concerns stating that the consumers’ privacy rights are statutorily waived in connection with the delivery of emergency services.

We welcome your thoughts! Please feel free to comment! If you have questions about any of these issues, or if we may be of assistance to you on any other matter, please feel free to contact us.

Filed under Uncategorized

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