Today:  FCC Acts on Robocalling, Rosenworcel Urges Free Robocall Blocking Tools, FCC 5G Spectrum Incentive Auction, FCC Classifies Text Messaging As An Information Service 

FCC Acts on Robocalling

At its Open Meeting this morning, the FCC voted to establish a reassigned numbers database that will reduce the number of unwanted phone calls Americans receive.  The new rules establish a single, comprehensive database with information provided by phone companies that businesses and other callers will be able to use to avoid calling reassigned numbers.  Callers using the database will be able to find out if telephone numbers assigned to consumers who want their calls have been disconnected and made eligible for reassignment. Any such numbers can then be purged from their call lists, thereby decreasing the number of unwanted calls to consumers.

To further encourage callers to use the database, the FCC is providing callers a safe harbor from liability for any calls to reassigned numbers caused by database error. Millions of phone numbers are reassigned each year.  When a consumer gets a new phone number that was previously assigned to another consumer, businesses and other callers frequently do not learn of the reassignment right away and may inadvertently call the new consumer rather than the prior holder of the number. This results in the new consumer receiving unwanted calls and the prior number holder not receiving calls he or she expects, like notifications from a doctor’s office, financial institution, or school.

Rosenworcel Urges Free Robocall Blocking Tools

FCC Commissioner Jessica Rosenworcel announced she sent letters to major phone companies and is calling on carriers to offer free robocall blocking solutions to consumers across the country.  The letters ask the companies to provide, by January 14, 2019,  a description of any tools they offer to combat robocalls, including a description of the costs charged, if any, to consumers.  

Rosenworcel said: “I detest robocalls. So does anyone and everyone I know. Consumers across the country have waited too long for the FCC to take meaningful steps to reduce these nuisance calls. The extraordinary increase in these calls requires action now. So today I am calling on carriers nationwide to provide consumers with free tools to address robocalls. There are call identification and blocking technologies that are available right now, which some service providers make available at no cost. It is time for every consumer to be able to access these tools for free and stop the incredible surge in these nuisance calls.”

FCC 5G Spectrum Incentive Auction

At its Open Meeting this morning, the FCC voted to adopt new rules that will promote the availability of high-band millimeter wave spectrum for the next generation of wireless connectivity.  The Order:

• Modifies the band plans for the Upper 37 GHz, 39 GHz, and 47 GHz bands from 200 megahertz blocks to 100 megahertz blocks to be licensed by Partial Economic Area, which will facilitate the simultaneous auction of licenses in the three bands;
• Adopts an incentive auction mechanism that will offer contiguous blocks of spectrum throughout the Upper 37 GHz, 39 GHz, and 47 GHz bands, while preserving spectrum usage rights for existing licensees; and
• Adopts a pre-auction process that allows incumbent licensees to rationalize their holdings.

The incentive auction of these spectrum bands will have two phases: a clock phase in which bidders may bid on generic license blocks, and an assignment phase in which clock phase winners may bid on specific frequencies. Incentive payments will be offered to incumbents who choose to relinquish their spectrum usage rights to make new licenses available.  New entrants and participating incumbents may bid for new licenses. Incumbents that bid for new licenses may use “vouchers” equivalent to their existing holdings for credit toward the amount they bid in the auction. For an incumbent that chooses not to relinquish all its existing rights, the Report and Order provides methods to modify the incumbent’s licenses so that they align with the band plan and service areas adopted by the FCC.

FCC Classifies Text Messaging As An Information Service

At its Open Meeting this morning, the FCC voted to issue a Declaratory Ruling, the denying requests to classify text messaging services as telecommunications services subject to common carrier regulation under the Communications Act.  Instead, the ruling finds that two forms of wireless messaging services, SMS and Multimedia Messaging Service (MMS), are “information services” under the Communications Act.  This classification will empower wireless providers to continue taking action to protect American consumers from unwanted text messages (e.g., by robotext-blocking, anti-spoofing measures, and other anti-spam features).  In contrast, classification of these services as telecommunications services would limit wireless provider’s efforts to combat span and scam robotexts.

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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.