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FCC to Award Additional $249+ Million in Funding for COVID-19 Telehealth Program

April 6, 2021 | Blog | By Angela Kung, Rachel Irving Pitts

On March 29, 2021, the Federal Communications Commission (“FCC” or “Commission”) adopted an Order establishing rules and procedures for Round 2 of the COVID-19 Telehealth Program (the “Program”) to continue supporting telehealth services, which have proved to be so vital during the COVID-19 pandemic. In a News Release accompanying the Order, FCC Acting Chairwoman Jessica Rosenworcel highlighted that “[t]his past year has proven, without a doubt, that telehealth technology is critical to helping address inequities in access to health care services” and that Round 2 of this program will help address these challenges “head on.”
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What's New in 5G - April 2021

April 2, 2021 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.
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Supreme Court Narrows Scope of TCPA in Landmark Autodialer Ruling

April 1, 2021 | Blog | By Joshua Briones, Russell Fox, Esteban Morales, Matthew Novian, Geanette Foster

In a unanimous decision, the Supreme Court expressly overturned the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, by holding, “to qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” See Facebook v. Duguid, 592 U.S. (2021). “Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator. This definition excludes equipment like Facebook’s login notification system, which does not use such technology.”
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TCPA Legislative Update — Bipartisan Senate Bill Would Increase Fines for Spoofing

March 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

The Anti-Spoofing Penalties Modernization Act of 2021, S. 594, has been referred to the Senate Committee on Commerce, Science and Transportation, of which two of the bill’s co-sponsors, Senators Gary Peters (D-MI) and Kyrsten Sinema (D-AZ), are members.
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TCPA Regulatory Update — Industry Calls on FCC to Fix TCPA Consent Rule

March 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

USTelecom, one of the largest telecommunications industry groups, has publicly joined the American Bankers Association (“ABA”) in asking the Commission to issue an erratum correcting its December 2020 Report and Order implementing Section 8 of the TRACED Act.
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Monthly TCPA Digest — March 2021

March 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

Our March issue covers calls for the FCC to fix a recent Report and Order that would require prior express written consent rather than merely prior express consent for informational prerecorded or artificial voice calls to a residential number. In addition, we cover a Senate bill that would increase fines for “spoofing,” the practice of masking caller ID information.
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What's New in 5G - March 2021

March 2, 2021 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

The next-generation of wireless technologies – known as 5G – is here.  Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.
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TCPA Regulatory Update — Industry Shows Support for FCC Hospital Robocall Blocking Recommendations

February 18, 2021 | Article | By Russell Fox, Elana R. Safner, Jonathan P. Garvin

TCPA Regulatory Update — Industry Shows Support for FCC Hospital Robocall Blocking Recommendations
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TCPA Regulatory Update — Compliance Dates Established for Reassigned Numbers Database Reporting Requirements

February 18, 2021 | Article | By Russell Fox, Elana R. Safner, Jonathan P. Garvin

TCPA Regulatory Update — Compliance Dates Established for Reassigned Numbers Database Reporting Requirements
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TCPA Litigation Update — The TCPA’s Constitutionality After Barr v. AAPC

February 17, 2021 | Article | By Joshua Briones, Matthew Novian

Whether the Sixth Circuit will agree with the attorneys general is unknown and largely dependent on the panel. Nevertheless, that decision will have no bearing on the cases currently being decided in the Eleventh Circuit. We will closely monitor any developments from the Sixth Circuit and other district courts as this line of cases continues to make headway across the nation.
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Monthly TCPA Digest — February 2021

February 17, 2021 | Article | By Russell Fox, Joshua Briones, Elana R. Safner, Jonathan P. Garvin, Matthew Novian

The February TCPA Digest discusses industry input on facilitating adoption of best practices for combatting illegal robocalls in hospitals, a compliance date for voice service providers regarding the Reassigned Numbers Database, and efforts by attorneys general to reverse a ruling that TCPA violations occurring between 2015 and July 2020 are unenforceable because the TCPA law was then unconstitutional.
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What's New in 5G - February 2021

February 2, 2021 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

The next-generation of wireless technologies – known as 5G – is here.  Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.
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TCPA Litigation Update — The Newest TCPA Circuit Split – And It Started With Creasy

January 25, 2021 | Article | By Joshua Briones, Nicole Ozeran

It would be a colossal understatement to say “a lot” has happened since we last reported on Creasy. Indeed, in the matter of a few months, the courts have given birth to the newest circuit split.
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Monthly TCPA Digest — January 2021

January 25, 2021 | Article | By Russell Fox, Joshua Briones, Elana R. Safner, Jonathan P. Garvin, Nicole Ozeran

Our January TCPA Digest covers the FCC’s implementation of several steps to combat illegal robocalls and comply with TRACED Act deadlines as well as a circuit split that has developed since Creasy, in which the court ruled it lacked authority to enforce the TCPA.
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Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls.
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Action Items on Technology and Communication Policies in front of the Senate Commerce Committee

January 14, 2021 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie

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What's New in 5G - January 2021

January 6, 2021 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

The next-generation of wireless technologies – known as 5G – is here.  Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.
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Protecting Lawful Streaming Act Signed Into Law

January 5, 2021 | Blog | By Seth Davidson

One of the provisions included in the Consolidated Appropriations Act that President Trump signed into law on December 27, 2020 addresses the so-called “felony streaming” loophole in the Copyright Act and criminal code. 
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Read about the FCC’s Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers and its proposal to establish a web portal to collect info about robocalls.
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Monthly TCPA Digest — December 2020

December 16, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Mintz’s December TCPA Digest covers the oral argument in the Supreme Court’s Facebook, Inc. v. Duguid case about the TCPA’s definition of an ATDS and TCPA-related activity at the FCC, including its Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers.
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