FCC Announces Launch of API for Lifeline National Verifier 

The FCC announced it has launched an electronic interface that participating carriers can use when verifying a potential subscriber’s eligibility for the program.  The application programming interface (API) connects carriers’ systems to the Lifeline program’s National Eligibility Verifier.  The API will enable carriers to send applicant information directly to the National Verifier for an eligibility check, thereby reducing the paperwork required from potential subscribers. 

“Lifeline is an important program for closing the digital divide for low-income Americans,”  said FCC Chairman Ajit Pai.  “By enabling carriers’ systems and the National Verifier to interact through this interface, we’ll make it easier for eligible consumers to enroll in the program.  I’d like to thank the hardworking staff of the FCC and the Universal Service  Administrative Company, which administers Lifeline, for making this improvement to the National Verifier.  Because of their efforts, Lifeline will be a more efficient tool for connecting some of our most vulnerable citizens to broadband.” Inteserra Briefing Service subscribers see Briefing dated 12/11/19. 

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The Regulatory Mix Today: FCC Announces Launch of API for Lifeline National Verifier, FCC Announces Spoofing Fine, FCC Cable Service Change Rules  

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FCC Announces Spoofing Fine 

The FCC issued a Notice of Apparent Liability for Forfeiture in the amount of $9,997,750 on Kenneth Moser and his telemarketing company Marketing Support Systems for apparently making more than 47,000 unlawful spoofed robocalls over a two-day period.  The FCC found that Moser apparently unlawfully spoofed the telephone number assigned to another telemarketing company, HomeyTel, when transmitting prerecorded voice calls containing false accusations against a political candidate shortly before California’s 2018 primary election.  As a result of these calls, HomeyTel, which advertises that it provides legal robocalling services to political candidates, received a multitude of complaints from consumers who received the calls, and a cease-and-desist letter from the candidate.  The calls made allegations about a specific candidate which had already been investigated and disproven by the San Diego County Sheriff’s Department. The California Secretary of State referred a complaint about the matter to the FCC’s Enforcement Bureau, which investigated, resulting in the proposed fine.   

The Truth in Caller ID Act prohibits manipulating caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value. In this case, Moser himself apparently selected HomeyTel’s phone number to appear as the caller ID with the intent to cause harm to HomeyTel and others.  The FCC calculated the proposed forfeiture by assessing a proposed base forfeiture of $1,000 per each apparently unlawful call that was verified by staff.   In this case, staff verified 5,713 apparently unlawful spoofed calls, yielding a base forfeiture of $5,713,000.  The FCC then upwardly adjusted the proposed amount by 75% to reflect the egregiousness of the specific facts. 

In addition to finding that Moser apparently violated the Truth in Caller ID Act, the FCC’s Enforcement Bureau found that Moser: (1) sent more than 11,000 prerecorded voice messages to wireless phones, without consent, in violation of the Telephone Consumer Protection Act’s (TCPA); and (2) violated the TCPA’s requirement that prerecorded messages include the phone number and identity of the entity responsible for initiating the call.  As a result, the Bureau also issued a citation for TCPA violations.  The citation puts him on notice of his violation and states that if he subsequently engages in any conduct of the type described in the Citation he may be subject to further legal action, including substantial monetary forfeitures.  

FCC Cable Service Change Rules  

At its Open Meeting last week, the FCC voted  to issue Notice of Proposed Rulemaking to update its rules regarding cable service change notification notices.  The Notice pertains to certain written notices that cable operators must provide to subscribers and local franchise authorities (LFAs) and seeks to reduce the potential for consumer confusion in the context of program carriage disputes.  Currently, cable operators currently must provide notice of all service, rate, and channel lineup changes to subscribers and local franchise authorities 30 days in advance of the change if it is within the operators’ control.  The FCC is seeking comment on whether to change its rules to require cable operators to provide subscribers with notice as soon as possible, rather than 30 days in advance, when service changes occur due to retransmission consent or program carriage negotiations that fail within the last 30 days of a contract. The Notice also seeks comment on removing redundant rules regarding notifications cable operators must provide to LFAs. 

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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.