Technology, Communications & Media

This article outlines the requirements and procedures for the FCC’s Rural Digital Opportunity Fund Phase I auction (Auction 904), which will make up to $16B in federal funds available to support high-speed broadband and voice services in rural America.

Mintz’s May TCPA Digest covers the Supreme Court oral argument in Barr v. AAPC on the TCPA’s autodialer restriction and the FCC’s implementation of the TRACED Act.

Read about the Supreme Court’s discussion in Barr v. AAPC on whether to strike down the TCPA’s autodialer restriction or the statute’s government-debt exception.

Read about FCC TRACED Act implementation related to establishing a consortium to trace suspected unlawful robocalls and rules to combat one-ring scam calls, plus TCPA statutory updates.

We’ve written previously about the role of the Federal Communications Commission (FCC) in regulating wireless medical devices, chiefly in determining the operating frequency and certain technical rules that ensure co-existence with other devices and wireless users. As part of that process, manufacturers must submit prototypes of new devices for testing and review by independent third party test labs and certification bodies (TCBs). The FCC prohibits responsible parties, such as manufacturers and resellers, from importing, marketing, or selling any device subject to this equipment approval process prior to obtaining approval from a TCB, which comes in the form of a grant of equipment certification.

Read about a 2nd Circuit holding that equipment that merely stores and dials telephone numbers constitutes an ATDS and the 7th Circuit’s holding that a $280 million penalty against DISH for illegal telemarketing was insufficient.

Read about a petition filed by financial institutions with the FCC seeking a ruling that TCPA’s emergency purposes exception applies to communications about the COVID-19 pandemic.

Mintz’s April TCPA Digest covers a circuit split on what an Automatic Telephone Dialing System is under the TCPA and a petition at the FCC for a TCPA emergency exception for COVID-19 communications.

In preparation for accepting applications for funding under the its COVID-19 Telehealth Program, which will make available $200 million in appropriated funds to support telehealth services during the COVID-19 pandemic, the FCC has released a Public Notice with guidance on how eligible health care providers can ready themselves to participate. The FCC will release a separate Public Notice shortly announcing the date it will begin accepting applications for funding. Applications will be accepted through an online portal, the web address and opening date for which will also be posted on the FCC’s Keep Americans Connected page.

Read about the FCC’s order to adopt two telehealth programs offering $300 million to support health care providers, the COVID-19 Telehealth Program and the Connected Care Pilot Program.

Read about the FCC’s plans to provide $200M for health care providers and patients during the COVID-19 pandemic and up to $100M to study telehealth services.

This alert reviews a March 20 FCC declaratory ruling clarifying that COVID-19–related texts qualify as emergency exceptions under TCPA.