Telecom Law Monitor : Washington D.C. Telecom Lawyer & Attorney : Kelley Drye & Warren Law Firm : New York, Chicago, Connecticut, New Jersey, Brussels

In a May 17, 2011 Press Release, the FCC announced plans to hold a June 28, 2011 public education forum on consumer and privacy issues implicated by mobile Location Based Services (LBS) tracking. The FCC seeks input from consumers, industry, and academia on a variety of related topics, including industry best practices and the use of mobile devices by children.

The forum comes amid growing concerns over consumer mobile privacy, including recent disclosures that Apple and Google mobile devices collected geolocation information without consumer consent. Recent media coverage has drawn attention to the collection, use and disclosure of geolocation information and there is mounting Congressional interest in protecting consumer online and mobile privacy (see Kelley Drye Advisory and chart summarizing federal consumer privacy legislation).

The forum is being conducted in consultation with the FTC. The FCC’s March 2010 National Broadband Plan called for the two agencies to work together on privacy issues and in July 2010, a Joint FTC/FCC Privacy Task Force was formed. The forum will inform a forthcoming FCC staff report that may help shape the ongoing privacy debate and may clarify the role the FCC intends to play in this area. Comments on the LBS forum and the topics raised for inclusion in the proposed FCC staff report are due July 8, 2011.

For more information about this uncharted legal territory and emerging "rules for the road" for developing and marketing mobile apps, click here to view and listen to a recording of the Kelley Drye webinar, Mobile Applications: Privacy and Data Security Considerations.
 

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As we discussed previously, the FCC is proposing to extend outage reporting obligations to interconnected VoIP providers, broadband Internet access providers and to Internet "backbone" providers.  With the release of the text of the Notice of Proposed Rulemaking, we now know the specific triggers the FCC is proposing to use for these providers.

In a first, the FCC is proposing to set the triggers based on packet loss, average round-trip latency and average jitter measurements.  This proposal essentially would set minimum service quality standards for IP-enabled services -- another first for the FCC.

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As we noted earlier this week, the FCC is moving ahead to expand its reporting obligations for telecommunications outages.  Touting the outage reporting rules as a 911 service protection, the FCC proposed to expand its outage reporting rules to require interconnected VoIP and broadband Internet service providers to submit reports to the FCC, as wireline, wireless, cable and satellite providers must today.  Indeed "resilience" and "reliability" were the buzzwords of the presentation before the Commission. 

5/16 UPDATE:  The FCC released the text of its proposal, which would set a service quality standard for IP-enabled services for the first time. 

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Today, FCC Commissioner Meredith Attwell Baker announced that she is resigning from the Commission as of June 3, 2011. The Los Angeles Times is reporting that she will join Comcast as Senior Vice President of Government Affairs for Comcast’s newly acquired NBCUniversal unit. Baker voted to approve that merger in January. Her departure already has drawn criticism from those who think that relations in Washington are too cozy between regulators and regulated entities.  Though the proximity of her departure to her vote on approving the Comcast/NBCU deal may raise eyebrows, the "revolving door" is a way of life here in DC, as public servants often find attractive opportunities in the private sector.

Baker’s departure leaves Commissioner Robert McDowell as the FCC’s lone Republican commissioner. And with Commissioner Copps set to depart the Commission by year’s end, the agency may find itself with only three Commissioners presiding over complex matters such as the AT&T/T-Mobile merger, intercarrier compensation and universal service reform. Politics surrounding a potential successor for Commissioner Copps just became more interesting, as Republicans will now need to get a nomination through, too.
 

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Once again, USAC and the federal Universal Service Fund are driving fundamental classification questions regarding telecom services.  In the latest example, USAC has requested the FCC's guidance on how to treat text messaging services for universal service purposes.  Several parties have tried before to have the FCC opine on the classification of text messaging services, with no luck so far.  Only time will tell whether USAC's request will spur FCC action where others have failed.

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It has taken nearly a year since the FCC's Public Safety Bureau first started laying the groundwork, but the FCC is poised to consider expanding its outage reporting rules to cover interconnected VoIP communications and broadband Internet access providers.  The Commission will consider a Notice of Proposed Rulemaking to extend the outage reporting rules at its May 12 Commission Meeting. 

This item has been moving forward under the radar of most VoIP and broadband providers.  As we told you back in July, the Public Safety Bureau sought comment on how to apply its outage reporting obligations to interconnected VoIP services and broadband Internet access services.  The Public Notice produced only a handful of comments and replies.  Even in the few days before the FCC announced its meeting agenda -- typically a very busy time for those with an interest in an order -- only three ex parte notices were filed on the proposal.  The minimal level of interest won't last long, however.  Once the NPRM is released this week, a much larger universe of interested parties is likely to appear. 

Note:   Also on the May 12th agenda are proposed revisions to two international service compliance obligations -- the FCC's settlements policy and its Part 43 reporting requirements for international traffic.  International carriers should pay close attention to both items. 

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Do you know what kind of data your smartphone apps are collecting?

Understanding the flow of data, how it is shared, and whether your apps collect sensitive information such as mobile payments or location-based data is critical to avoiding regulatory scrutiny and litigation risks.

Join Kelley Drye on May 16 from 12 noon – 1:00pm EST for a webinar exploring this uncharted legal territory, “Mobile Applications: Privacy and Data Security Considerations.” Topics of discussion will include:

• The mobile ecosystem, including data flows and parties involved.
• Privacy and security considerations, including unintended data uses.
• Current issues in the legal landscape, including media coverage; inquiries and actions from Congress, the FTC, and FCC; litigation risks; and industry activity.
• Emerging “rules for the road” for developing and marketing mobile apps.

Our speakers will address the privacy and information security questions that are top of mind for anyone involved in developing, marketing, selling, or serving mobile apps.

Kelley Drye Speakers:

John J. Heitmann
Partner, Telecommunications and Privacy & Information Security Practices

Dana B. Rosenfeld
Chair, Privacy & Information Security Practice and Partner, Advertising & Marketing Practice

Alysa Z. Hutnik
Partner, Privacy & Information Security and Advertising & Marketing Practices

This webinar is free of charge, but space is limited. To reserve your place today, please e-mail dcevents@kelleydrye.com or contact Alexandra Meaza at 202.945.6674.
 

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Access to and rates for pole attachments under Section 224 of the Communications Act have been issues of both importance and contention for facilities-based broadband providers of all types, more traditional providers of telecommunications, and electric utilities. On April 7, 2011, the Federal Communications Commission issued the most significant order regarding pole attachments in many years affecting a wide variety of matters.

The Commission's intent was to clarify many rights and obligations regarding the relationship between pole owners and attachers and to put various providers of broadband communications on a more equal footing. The recent order creates new regulatory frameworks for pole owners and attachers to navigate, including the potential for a new wave of complaint and enforcement proceedings.

Join Kelley Drye on May 10 from 12 noon – 1:00pm EST for a webinar to discuss the new FCC order, "Practical Impacts of the FCC's Pole Attachment Rules." Our speakers will offer an analysis of the new rules focusing on practical advice based on extensive experience in negotiating pole agreements, prosecuting complaints regarding pole access and rates, and providing compliance and enforcement advice in this area. Topics of discussion will include: 

• Successful Navigation of the FCC's New Pole Attachment Application Timelines
• When Attachers May Use Independent Contractors to Complete Survey and Make Ready Work
• New Rules Governing Penalties for Unauthorized Attachments
• How Much Parity Is There under the New Attachment Rate Formula for Telecommunications Carriers?
• Improved Opportunities for Wireless Providers
• How Much Have Things Changed for Incumbent Local Exchange Carriers?
• Limits of the New Rules and the Impact on Enforcement
• Prospects for Appeal of the Pole Attachment Order

 
Kelley Drye Speakers:

Chip Yorkgitis
Partner, Telecommunications

Randall W. Sifers
Senior Associate, Telecommunications

Please visit our website for more information.  This webinar is free of charge, but space is limited. To reserve your place today, please e-mail telecomm@kelleydrye.com or contact Alexandra Meaza at 202.945.6674.

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