The FCC revised a 2020 order limiting the number of exempted non-telemarketing robocalls to three to any residential phone from any caller within a 30-day period (see 2012300043) to allow both oral and written consent to exceed the limit, in an order posted Tuesday. Commissioners approved the order Friday. ACA International and the Enterprise Communications Advocacy Coalition had sought revisions. The FCC declined to revise “any of the numerical limitations on the number of exempt non-telemarketing calls to residential lines that we established” in the Telephone Consumer Protection Act exemptions order. “We also conclude that the differing numerical limitations for different categories of exempt calls to residential lines are both constitutional and necessary to advance the health and safety of consumers.” The FCC also retained the opt-out requirements for exempt informational calls. The agency said it wouldn’t revisit the limitations on package delivery notifications to wireless numbers in place since 2015 and confirmed that the commission’s 2016 declaratory ruling on calls by utilities to wireless numbers applies equally to similar calls made to residential lines. “We agree with petitioners and commenters that there is no reason for the consent requirements for informational calls to residential lines to differ from the consent requirements for informational calls to wireless numbers, which allow for either oral or written consent,” the order said: “In addition, as some commenters note, to extend the written consent requirement to informational calls that include calls from utilities and healthcare providers could impair the ability of these callers to provide important public safety information to consumers.” The FCC said it wasn’t convinced it should revise the numerical limits on such calls. “As the TCPA Exemptions Order emphasized, limiting the number of exempted calls to residential lines will greatly reduce interruptions from intrusive and unwanted calls and reduce the burden on residential telephone users to manage such calls,” the order said. Limiting the number of calls “strikes the appropriate balance between these callers reaching consumers with valuable information and reducing the number of unexpected and unwanted calls consumers currently receive and thus restoring trust in the residential landline network and advancing health and the safety of life,” the FCC said.

The FCC released its notice of apparent liability Friday, proposing a nearly $300 million fine against Sumco Panama and the perpetrators of an alleged auto warranty scheme, approved by commissioners Wednesday (see 2212210054). The NAL describes a “complex robocall sales lead generation scheme, which was designed to sell vehicle service contracts that were deceptively marketed as car warranties.” The perpetrators “apparently used several deceptive and abusive telemarketing practices,” the FCC said: “The two foreign dialing entities, Virtual Telecom kft and Sumco Panama, SA, placed calls to consumers’ phones without their consent and used misleading caller identification. The caller IDs were U.S. numbers selected apparently to cause call recipients to believe that the calls originated locally. The messages also failed to disclose the identity of the caller, misrepresented the nature and characteristics of the product or service being offered, and made false or misleading statements to induce call recipients to purchase goods or services.” The proposed nearly $300 million fine is based “on a sample of 33,333 verified calls” and “is appropriate in light of the multiple apparent violations and the scope of the apparently unlawful calling campaign,” the notice said.

NTIA has awarded planning grants to all 50 states, Puerto Rico and Washington, D.C., for its digital equity and broadband, equity, access and deployment (BEAD) programs, NTIA said Friday. NTIA awarded $6 million that day to Massachusetts, it said. “In a matter of months, we’ll begin to see plans from around the country, detailing how each state will connect all their residents to high-speed, affordable Internet service,” said Commerce Secretary Gina Raimondo. Massachusetts got about $5 million to plan for BEAD and $1 million for the digital equity program, NTIA said. Receiving planning funds lets Massachusetts “continue to engage with communities impacted by the digital divide to boost the rollout of new digital equity and broadband infrastructure programs,” said outgoing Gov. Charlie Baker (R). All territories applied for planning awards, but NTIA hasn’t announced grants for Guam, American Samoa, Northern Mariana Islands or the U.S. Virgin Islands.

Nine out of 10 U.S. households get residential internet service, up from 84% in 2017 and 74% in 2007, Leicthman Research Group said Thursday. It said 89% of all households get a broadband internet service, up from 82% in 2017, and 53% in 2007. Leichtman said 90% of households use a laptop or desktop computer, up from 85% in 2017. It said 34% of those without home internet service are ages 65 and up. The data comes from a November survey of 1,910 U.S. households.

Public interest and consumer groups asked the FCC to extend by 60 days the deadlines for filing comments in the broadband label proceeding. “The current 30-day deadline for comments, on Jan. 17, falls squarely within a busy period for the broadband data community,” said a filing posted Wednesday in docket 22-2: “The Commission has already set a Jan. 13 deadline for challenges to the broadband availability maps, and the Federal Trade Commission has a Jan. 9 deadline for comments on its ‘junk fees’ proceeding, which includes questions that implicate the broadband consumer label. These proceedings, coupled with the winter holidays, leave insufficient time to submit substantive comments in the above-captioned proceeding by Jan. 17.” Among the groups supporting the delay were Free Press, the Benton Institute for Broadband & Society, the Center for Democracy & Technology, Consumer Reports, the Greenlining Institute, the National Consumer Law Center, New America’s Open Technology Institute, Next Century Cities and Public Knowledge.

Wireless industry groups urged state broadband offices not to lock themselves into fiber through a threshold required by NTIA’s broadband equity, access and deployment (BEAD) notice of funding opportunity (NOFO). The Wireless Infrastructure Association, Competitive Carriers Association, CTIA, National Association of Tower Erectors, Rural Wireless Association and the Wireless ISP Association sent letters Wednesday to broadband offices in all states and territories, WIA said. The NOFO requires states and territories to set an “extremely high cost per location threshold” (EHCT), and if the state receives a fiber proposal with a per-location cost below that line, it must choose it over a non-fiber alternative, the associations noted. “If not properly set, the EHCT could become an early pitfall to achieving the right mix of technologies by limiting a state’s flexibility in spending its BEAD allocation,” they wrote. “An inflated EHCT could leave a state short on funds for critical deployment and non-deployment priorities.” Too high a threshold could stop states from using fixed wireless, which “are just as reliable as wireline options, are faster to deploy, and can often simultaneously enable the delivery of critical mobile broadband capacity in areas currently lacking these services to further promote digital equality,” the wireless groups said.

Since the U.S. Court of Appeals for the D.C. Circuit upheld the FCC's revocation of China Telecom's domestic and international authorities (see 2111150025) without relying on classified evidence obtained in electronic surveillance of the Chinese telco, the company's request for disclosure of that classified evidence is moot, the appellate court said Tuesday (docket 21-5215). If the U.S. government wants to use those materials in another proceeding against China Telecom, it will have to petition a federal district court for a determination that the surveillance was legal, and the court will adjudicate whether due process requires disclosure, the appellate court ruled. Disclosing the classified evidence "would be wholly ineffectual" because the FCC revocation proceeding and appeal of it have ended, it said. The D.C. Circuit vacated the U.S. District Court order granting the federal government's petition seeking a determination the surveillance was lawful and its findings could be used by the FCC, and remanded it to the lower court with instructions to dismiss. Deciding for the D.C. Circuit were Judges Karen Henderson, Greg Katsas and Harry Edwards, with Henderson writing the nine-page decision. A China Telecom outside lawyer didn't comment. FCC Chairwoman Jessica Rosenworcel said in a statement the agency's 2021 decision to revoke China Telecom's authorization was based on national security agencies' recommendation that the company's U.S. operations "provided opportunities for increased Chinese state-sponsored cyber activities, including economic espionage and the disruption and misrouting of U.S. communications traffic." "There is no higher FCC responsibility than safeguarding our networks, and today's ruling is a strong affirmation of our authority to do so," she said.

Standard General told the FCC it doesn’t intend to cut jobs at TV stations after its deal to buy Tegna is approved. (see 2212190063).

President Joe Biden signed off Friday on a continuing resolution (HR-1437) that extended the FCC's spectrum auction authority through Dec. 23 and maintains federal appropriations until the same deadline, the White House said. The Senate passed the CR 71-19 Thursday, providing a temporary lifeline to Senate Commerce Committee leaders' talks aimed at reaching a deal on spectrum legislative language they want to attach to an expected FY 2023 appropriations omnibus package (see 2212150076). Senate leaders may release omnibus text Monday, lobbyists told us. The Senate also voted 83-11 to pass the FY23 National Defense Authorization Act (HR-7776) that includes language to restrict the federal government’s use of products with semiconductor manufacturers deemed to be Chinese military contractors (see 2212070056).

The FCC's 2-2 deadlock, Commissioner Brendan Carr's dance moves and the agency's expiring spectrum auction authorization caught darts from FCC Chairwoman Jessica Rosenworcel in her address Thursday night at the FCBA annual dinner. A crowd of close to 1,500 attended the event at the Marriott Marquis in Washington -- the first such in-person "telecom prom" since 2019. Being the first woman to deliver the chair's traditional monologue, Rosenworcel quipped she "will receive only 83% as much laughter." She made multiple jokes about the 2-2 commission, likening it to a World Cup score and, pointing to next congressional session's Senate, said "getting a one-vote majority sounds pretty good to me." With the FCC's spectrum auction authorization expiring, she said she would have some 4.9 GHz band spectrum available directly after her speech. Showing a video clip of Carr doing "the floss" dance move, Rosenworcel joked there are "ulterior reasons Brendan doesn't want people looking at TikTok." She also took jabs at such targets as Amazon, the AT&T/Time Warner combination, local news broadcasts and Communications Daily's new sister publication, Communication Litigation Today.