Today's Regulatory Mix:  FCC Fines Telemarketer Nearly $10 Million for Spoofed Robocalls, FCC Authorized Use of 5.9GHz Band For Wi Fi and Auto Safety

FCC Fines Telemarketer Nearly $10 Million for Spoofed Robocalls

The FCC has imposed a $9,997,750 fine on a San Diego-based telemarketer for making 47,610 unlawful, spoofed robocalls over a two-day period shortly before California’s 2018 primary election. Kenneth Moser and his company, Marketing Support Systems, unlawfully spoofed a competitor’s telephone number when transmitting the prerecorded voice calls containing false accusations against a candidate for the California State Assembly.  As a result of these calls, HomeyTel, which advertises that it provides legal robocalling services to political candidates, received a multitude of angry complaints from consumers who received the calls and a cease-and-desist letter from the candidate.

The FCC found find that Moser violated section 227(e) of the  Communications Act and section 64.1604 of it’s rules by knowingly transmitting or displaying inaccurate caller ID information and by doing so with the intent to cause harm.  It also found he intended to wrongfully obtain something of value by concealing his identity (and avoiding potential lawsuits) through spoofed caller ID information and accepting monetary payment for his unlawful robocalling campaign.

FCC Authorized Use of 5.9GHz Band For Wi Fi and Auto Safety

At its Open Meeting, the FCC voted to adopt new rules for the 5.9 GHz band (5.850-5.925 GHz) to make new spectrum available for unlicensed uses, such as Wi-Fi, and improve automotive safety. Specifically, the new band plan designates the lower 45 megahertz (5.850-5.895 GHz) for unlicensed uses and the upper 30 megahertz (5.895-5.925 GHz) for enhanced automobile safety using Cellular Vehicle-to- Everything (C-V2X) technology.

The Report and Order adopts technical rules to enable full-power indoor unlicensed operations in the lower 45 megahertz portion of the band immediately, as well as opportunities for outdoor unlicensed use on a coordinated basis under certain circumstances. Under the new rules, ITS services will be required to vacate the lower 45 megahertz of the band within one year.

The new rules also will improve automotive safety by reserving the upper 30 megahertz of the band for Intelligent Transportation System (ITS) services and designating C-V2X as the technology standard for safety-related transportation and vehicular communications. C-V2X uses cellular protocols to provide direct communications between vehicles and obstacles like other vehicles, cyclists, pedestrians, and road workers, and to receive safety information from roadside transmitters. C-V2X has gained momentum both domestically and internationally. While the FCC designated Dedicated Short-Range Communications (DSRC) services as the technology standard for ITS services over twenty years ago, DSRC has not been meaningfully deployed, and this critical mid-band spectrum has largely been unused for decades.  The FCC’s order will start the transition away from DSRC services—which are incompatible with C-V2X—to hasten the actual deployment of ITS services that will improve automotive safety.

The item also contains a Further Notice of Proposed Rulemaking which: (1)  proposes technical rules for outdoor unlicensed operations across the U.S in the lower part of the band once ITS operations have vacated that spectrum; (2) seeks comment on how to transition ITS operations in the band to C-V2X-based technology, including the appropriate implementation timeline and technical and operational parameters for C-V2X service; and (3) seeks comment on whether the FCC should allocated additional spectrum for ITS applications in the future.

Recent Briefings from Inteserra!

• California Adopts New Enforcement Policy
• FCC Resolves Remanded Issues in its Restoring Internet Freedom Proceeding; Affirms Prior Decisions
• FCC Revises Mobile Broadband Minimum Lifeline Service Standards; Retains Phase-Down Of Voice Lifeline Support 
• Mississippi Seeks Comment On Caller ID Authentication Rules
• Wisconsin Revises USF Program Assessments

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The Regulatory Mix, Inteserra’s 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 an Inteserra Briefing.