Free Press spoke with FCC Commissioner Jessica Rosenworcel to oppose a draft USF budget NPRM (see 1904030026). “Not only would the proposed changes to Lifeline … severely frustrate the Commission’s goal of bringing affordable broadband to all Americans, the very existence of this long, drawn-out proceeding has loomed like a dark cloud over the program,” said a Tuesday filing in docket 17-287 on a phone call including Free Press CEO Craig Aaron. “It likely has caused reduced Lifeline provider participation in the program, and fewer choices for Lifeline users.”
Last week’s working paper by the FCC on the organization of economists in a regulatory agency (see 1904050030) shows benefits and risks to the launch of the Office of Economics and Analytics, American Enterprise Institute Visiting Scholar Mark Jamison blogged Tuesday. “Forming the OEA doesn’t come without costs,” Jamison wrote: “As the FCC economists found in their reviews of other studies, separating out the economists makes it harder for them to influence regulations being developed elsewhere in their agencies, such as those developed in the FCC’s Wireless Telecommunications, Wireline Competition, and Media bureaus.” Forming the OEA was a good idea and will mean better economic analysis, Jamison said: But FCC “economists and commissioners will have to work hard to make sure the improved analytical quality results in improved regulations.” Umair Javed, aide to Commissioner Jessica Rosenworcel, raised concerns about the study in a tweet. “What does credibility look like?” he asked. “Peer review. Posting complete datasets and code online. Reproducibility. Reliance on experimental data over empirical or observational data. Recognizing when statistical power is too low and where there is bias toward exaggerating effect sizes.”
Representatives of the Mortgage Bankers Association, American Financial Services Association and Consumer Mortgage Coalition urged the FCC to overhaul Telephone Consumer Protection Act rules. Groups like the banking associations have long sought changes to a June 2015 order and declaratory ruling on implementing the TCPA, approved over dissents by then-Commissioner Ajit Pai and Commissioner Mike O’Rielly. Both Republicans were concerned the policy call would lead to more class-action lawsuits against legitimate businesses (see 1506180046). “Many of the Commission’s existing TCPA interpretations impair the ability of the Associations’ members to send time-critical, non-telemarketing communications to millions of customers and members promptly,” the groups said, posted Monday in docket 02-278. “Act expeditiously to ensure that its implementation of the TCPA is consistent with the text of the statute and congressional intent.” The groups met with the FCC’s three Republican members.
Akin Gump got some support in seeking FCC clarity on fax “sender” under the Telephone Consumer Protection Act, so it's harder to sue companies whose products are unknowingly hawked in junk faxes (see 1903070051). Comments were posted through Tuesday in dockets including 02-278. Educational Testing Service noted "federal courts have divided over how to apply the TCPA and the Commission’s regulations" here. "Why would Congress or this Commission impose liability on someone who had nothing to do with sending an allegedly unlawful fax?" asked the educational test developer. "What sense could there be in stringing companies up for massive statutory damages when, as everyone acknowledges, they did not send the fax (or cause it to be sent) in any ordinary sense of those terms?" AmeriFactors Financial supported much of the law firm's petition, with the company raising more fax scenarios where the FCC ought to not find one liable for violating the TCPA. RingCentral agrees with the petition that the agency should say “sender” doesn't include entities that merely dispatch others’ faxes but only those that compose the fax or choose recipients. That would ensure "TCPA continues to protect injured consumers by holding accountable the bad actors who initiate unsolicited" ads, commented the provider of virtual fax and other communications services. Bais Yaakov of Spring Valley, New York, which litigated a TCPA case against the FCC, asked, along with Roger Kaye MD PC and a few others that Akin's request be denied. They supported a definition/test backed by Cin-Q Automobiles. The Edelman Combs law firm that represents consumers who got unsolicited junk faxes opposed the petition: "Akin Gump has failed to identify any ambiguity in the 2006 Junk Fax Order that necessitates clarification."
Medicare Advantage plans can include additional telehealth benefits, beginning in plan year 2020, said the Centers for Medicare & Medicaid Services Monday. “These additional telehealth benefits offer patients the option to receive health care services from places like their homes, rather than requiring them to go to a healthcare facility.” This "will improve health & reduce cost," tweeted FCC Chairman Ajit Pai.
The FCC Wireline Bureau sought comment on an application by TracFone to expand areas where it’s designated as eligible telecom carrier in the Lifeline program to certain tribal areas in Alabama, Connecticut, New York, North Carolina and Virginia. Comments are due April 22, replies April 29, said a public notice Thursday in docket 09-197.
Viacom content will be a cornerstone for a planned T-Mobile video offering to roll out later this year, the two companies said Wednesday, They said the video service will include live linear feeds of Viacom channels, plus on-demand content. T-Mobile said work on the service -- aimed at "replac[ing] cable" -- started with its 2018 acquisition of Layer3 (see 1801230009).
Public Knowledge made its case on why the FCC should reconsider a 3-1 decision in December clarifying that text messages are a lightly regulated Communications Act Title I service (see 1812120043). The order “failed to adequately address new arguments submitted to the Commission after it circulated its draft order,” PK replied, posted Tuesday in docket 08-7. “By introducing new legal and procedural errors in the final order that were not present in the draft, and not present in any previous notice in the record, the Commission deprived commenters of a meaningful opportunity to respond.” In January, PK and other parties filed a petition for reconsideration of the order (see 1901280042). CTIA and AT&T said the FCC should reject the petition.
Avaya announced self-service automation capabilities in a contact center business, from Nuance’s conversational artificial intelligence technology. AI interactions “significantly improve the accuracy, efficiency and effectiveness of self-service automation,” said Eric Rossman, Avaya vice president-partnerships, developers and alliances, Monday. Nuance’s Tony Lorentzen, senior vice president-intelligent engagement solutions, said the company’s AI-powered, enterprise-grade speech technologies enable automated, intelligent, contextual conversations “that feel almost human.” Popularity of virtual assistants and smart homes are leading consumers to “expect to control their experiences with technology simply by talking,” Lorentzen said. By 2023, customers will prefer to use speech interfaces to initiate 70 percent of self-service experiences, said Avaya, citing Gartner.
The FCC is warning consumers of reports scammers are spoofing its consumer call center number as part of an alleged Chinese-language robocall scam. “Chinese-language calls that refer to, or display, 1-888-225-5322 (1-888-CALL-FCC) on caller ID are fraudulent, and you should hang up immediately,” it said Friday. “The FCC also does not work with foreign consulates to collect civil or criminal fines from individuals.”