The Regulatory Mix, TMI’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of a TMI Briefing.
US House Hearing on Telephone Consumer Protection Act
The House Communications and Technology Subcommittee scheduled a hearing for September 22, entitled, “Modernizing the Telephone Consumer Protection Act.” The subcommittee will examine the impact the Telephone Consumer Protection Act (TCPA) has had on consumers and the legitimate businesses that are trying to contact them given the changes in technology since the TCPA was enacted in 1991. Committee Chairman Rep. Greg Walden (R-OR) said: “As technology evolves, so too should our laws. The TCPA should be ensuring Americans receive the calls they want without being harassed by calls they don’t. Instead, it’s a prime example of an outdated law that lags behind modern communications technology and consumer preferences. Next week, we will focus on the impact the law is having on folks and examine ways in which we can modernize this law for 21st century."
FCC Slamming, Cramming, and Deceptive Marketing Fines
The FCC announced a total of $11 million in fines against three related long distance carriers for cramming, slamming, deceptive marketing, and violating the FCC’s truth-in-billing rules. The companies, Central Telecom Long Distance, Consumer Telcom, and U.S. Telecom Long Distance, are run as one operation by Data Integration Systems, Inc. During its investigation, the Commission’s Enforcement Bureau reviewed over 260 consumer complaints about the three companies. Operating as a single enterprise, the companies’ telemarketers deceptively marketed their services by claiming that they were calling on behalf of consumers’ real telephone carriers about a change in existing service. The companies then misused consumers’ answers to switch their long distance carriers to one of the companies and bill them for unauthorized charges. In addition, where the companies billed consumers directly, they failed to clearly and plainly describe the charges, in violation of the Commission's truth-in-billing rules. The FCC imposed a $40,000 forfeiture for each instance of slamming and cramming, a $40,000 forfeiture for each truth-in-billing violation, and upward adjustments for misrepresentation and the egregious circumstances presented in the record.
Connecticut Small Cell Facilities
The Public Utilities Regulatory Authority (PURA) canceled a technical meeting previously scheduled to be held on September 26, 2016, to discuss matters relating to regulating authority over small cell wireless telecommunications facilities. See the Regulatory Mix dated 9/7/16. Instead the PURA is seeking reply comments in response to written comments submitted in response to the PURA July 20, 2016 call for comments. Reply comments are due on or before September 29, 2016.
District of Columbia Universal Service
The DC Office of the People's Counsel (OPC) filed a motion for Extension of Time to File Comments in the PSC’s review of its Universal Service program rules. TMI Briefing Service subscribers see Briefing dated 9/8/16. The OPC seeks an extension of the filing dates for initial and reply comments to November 7, 2016, and November 21, 2016, respectively. The PSC is seeking comments on the need for changes to its Universal Service rules as a result of the FCC’s April 2016 Lifeline order.
TMI Fall 2016 Regulatory Seminar & Workshop October 18-19 in Maitland, FL
