United States: Telecom Deadlines & Headlines - May 13, 2014

Arent Fox's Telecom Deadlines & Headlines brings you the most recent legal developments affecting the telecommunications industry.

This Telecom Deadlines & Headlines reminds you of the FCC's imminent meeting on the Open Internet NPRM, highlights upcoming industry events, and recaps recent judicial and FTC action on various privacy issues.

KEY REGULATORY DATES

FCC Open Commission Meeting, May 15, 2014

  • The FCC's next Open Commission Meeting is scheduled for May 15, 2014 at 10:30 am. For more information, including the tentative agenda, which still includes the much-anticipated open Internet Notice of Proposed Rulemaking, for which the Sunshine Period prohibition has been waived until midnight on May 14, 2014, click here.

TRS Fund Comments Due May 23, 2014

  • The FCC's Consumer and Governmental Affairs Bureau (CGB) is seeking comments about the Interstate TRS Fund administrator's proposed provider compensation rates, funding requirement, and carrier contribution factor — 0.01174% — for the period from July 1, 2014 to June 30, 2015. Comments are due May 23, 2014. Reply comments are due June 3, 2014.

FCC 911 Reliability Workshop, June 2, 2014

  • On June 2, 2014, the FCC will hold a workshop on the process for submitting annual certifications regarding a covered entity's compliance with the Commission's 911 reliability rules. Under these rules, covered entities are required to annually certify whether they are in compliance with specified best practices, or their reasonable alternatives, to mitigate risk of 911 failure in three areas: (1) backup power for central offices that directly serve a Public Safety Answering Point (PSAP); (2) critical 911 circuit diversity, and (3) diverse network monitoring. Covered entities include those who provide 911, E911, or NG911 capabilities and those that provide services directly to PSAPs.

    This workshop will include a presentation from Homeland Security Bureau Staff on the proposed development of a certification process, including a question-and-answer session with attendees. The pre-registration deadline is May 27, 2014, and the FCC has set up a webpage for pre-registrations, which can be found here. More information can be found in the Public Notice announcing the workshop here. (DA 14-582)

KEY INDUSTRY EVENTS

Share, May 13–14, 2014

  • For more information on the Share event in San Francisco, at which Arent Fox Partner Ross Buntrock will be speaking on the panel entitled "From Reactive to Proactive: Strategies for Engaging Regulators and Governments on Sharing Economy Issues," click here.

Emerging Legal Issues for Social Entrepreneurs Panel in Connection with 1776 Challenge Festival, May 14, 2014

  • For more information on this panel discussion being held at the Studio Theatre in Washington, D.C., which is being moderated by Arent Fox attorney David Carter, click here.

Computers, Freedom, and Privacy Conference, June 8–10, 2014, "The Internet Wants to Be Free" (Airlie Center, Warrenton, VA)

  • Stephanie Joyce, Partner in our Group, will speak on a Net Neutrality panel at this event. For more information, click here.

NEWS ROUNDUP

TCPA Plaintiff Ordered to "STOP ALL" His Class Claims

  • On May 5, 2014, the United States District Court for the Southern District of Florida denied a motion for class certification in an action filed against Voice Media Group, Inc. ("VMG"), a company that provides an alert service that sends advertisements and promotions via text message. The plaintiff had originally subscribed to this service, but later tried to unsubscribe by sending "STOP ALL" and variations on the phrase "STOP ALL" to VMG by text. The plaintiff claimed that VMG continued to send him text messages even after this. He brought a suit for violations of the Telephone Consumer Protection Act ("TCPA") on behalf of a class of individuals who had also sent a "STOP ALL" message to VMG but continued to receive text messages from it. The court reviewed the plaintiff's motion for class certification and denied it because the plaintiff had failed to demonstrate that the class was sufficiently numerous. The court noted that the plaintiff could count only 1,026 individuals who had texted "STOP ALL" to VMG during the relevant time period, and among those individuals, the plaintiff had no evidence that was not based entirely on speculation pertaining to how many of those individuals continued to receive messages from VMG after texting "STOP ALL." The court held that because the plaintiff had provided no competent evidence that could be used to even estimate the size of the class, he could not satisfy the numerosity requirement. Legg v. Voice Media Grp., Inc., 13-62044-CIV, 2014 WL 1766961 (S.D. Fla. May 5, 2014).

FTC Says Snapchat Not So Private After All

  • The Federal Trade Commission (FTC) has announced a tentative settlement agreement with Snapchat amid allegations that Snapchat has deceived consumers. Snapchat is a popular mobile messaging app that lets people send photos, videos, and messages that disappear in a few seconds. According to the FTC, Snapchat marketed the app's central feature as the user's ability to send communications that would "disappear forever" after a set time period. The FTC claims, however, that there were several ways that a recipient could save the messages and that Snapchat's claims were inaccurate. The FTC also alleges that Snapchat misrepresented its data-collection practices by transmitting geolocation information from users of its Android app and collecting certain users' contacts information from their address books without their notice or consent. Under the terms of its settlement with the FTC, Snapchat will be prohibited from misrepresenting its privacy practices and will be required to implement a comprehensive privacy program that will be monitored by an independent privacy professional for the next 20 years. The FTC also reported that its investigation of Snapchat was part of a multi-national enforcement sweep on mobile app privacy by members of the Global Privacy Enforcement Network, a cross-border coalition of privacy enforcement authorities. The FTC is accepting public comment on the proposed settlement until June 9, 2014. More information is available here.

FTC Seeks Comment on the State of Mobile Security

  • The Federal Trade Commission (FTC) recently issued a request for public comments to further explore issues raised by last year's FTC forum examining the state of mobile security. Any interested parties should file comments by May 30, 2014. The FTC is seeking comments on four aspects of mobile security: (1) secure platform design; (2) secure distribution channels; (3) secure development practices; and (4) security lifecycle and updates. In addition to the FTC's efforts to investigate mobile security and the use of consumer information through mobile channels, the Obama Administration has set up a privacy working group that includes the Department of Commerce, among other agencies, that is poised to propose federal legislation related to the Consumer Privacy Bill of Rights issued by the President in 2012, available here.

FCC Issues FNPRM on Spectrum-Sharing Techniques

  • The FCC has adopted a Further Notice of Proposed Rulemaking (FNPRM) aimed at using spectrum-sharing techniques to make more spectrum available for wireless broadband services. The spectrum would be available for consumer use, carrier-grade small-cell deployments, as well as wireless broadband services. The FCC sees this as an opportunity to test innovative spectrum-sharing techniques, which could later be extended to other spectrum bands. Access and operation, which would occur in the 3.5 GHz band, would be managed to avoid interference with existing users of the spectrum by a spectrum access system, which is described as a dynamic database that incorporates technical and functional requirements to manage access and operations on the spectrum. The FNPRM seeks comment on technical, auction, and allocation rules. Comments will be due 40 days after publication of the FNPRM in the Federal Register, and Reply Comments will be due 20 days later. Docket No. GN Docket No. 12-354. The FNPRM and comments from the Commissioners are available here.

And, in case you missed them, here are links to our most recent Client Alerts:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Emails

From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.