Telecommunication

The future of competition in high-speed broadband access looks bleak. A vast majority of homes only have their cable monopoly as their choice for speeds in excess of 100 mbps and small ISPs and local governments are carrying the heavy load of deploying fiber networks that surpass gigabit cable networks. Research now shows that these new monopolies have striking similarities to the telephone monopolies of old. But we don’t have to repeat the past; we’ve already seen how laws promoted competition and broke monopolies. In the United States, high-speed fiber deployment is low and slow.

I commend the US Senate for passing the TRACED Act and Sens John Thune (R-SD) and Ed Markey (D-MA) for leading this bipartisan effort. The TRACED Act would help strengthen the FCC’s ability to combat illegal robocalls, and we would welcome these additional tools to fight this scourge. Further powers like increased fines, longer statutes of limitations, and removing citation requirements which obligate us to warn some robocallers before penalizing them, will significantly improve our already strong robocall enforcement efforts.

The Senate passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S 151) by a 97-1 vote. The bill would give the Federal Communications Commission civil fining authority of up to $10,000 per call for those who "intentionally flout" telemarketing restrictions.

On April 10, 2019, Sens John Thune (R-SD) and Jerry Moran (R-KS) wrote to Federal Communications Commission Chairman Ajit Pai in support of eliminating the Universal Service Fund High-Cost program's rate floor rule and ending the federal mandate that increases telephone rates for rural Americans. The senators called the rule "inherently flawed and unnecessary." On May 6, Chairman Pai wrote back to say that the FCC had eliminated the rule. "consider this a big win for rural Americans—we repealed a defacto federal government mandate that increased rates paid by rural Americans."

After Hurricane Michael wreaked havoc on Florida in 2018, AT&T restored wireless service more quickly than Verizon because it relied on well-trained employees while Verizon instead used contractors that "did not have the proper credentials," according to the Communications Workers of America, a union that represents workers from both telecoms. The Federal Communications Commission recently found that carriers' mistakes prolonged outages caused by the hurricane. Many customers had to go without cellular service for more than a week.

I was particularly encouraged to see that 40 state attorneys general formed a bipartisan Robocall Technologies Working Group. I recently shared with my colleagues my proposal to allow phone companies to establish callblocking services as a default setting for consumers. In addition, carriers would be allowed to offer consumers the option of using their own contact list as a “white list.” Now, my proposals on call-blocking by default and a white list are part of what’s called a Declaratory Ruling.

The Federal Communications Commission published a draft Order in the “Advanced Methods to Target and Eliminate Unlawful Robocalls” proceeding. On June 6, the FCC will vote on a Declaratory Ruling and Third Further Notice of Proposed Rulemaking from this proceeding to enable carriers to block robocalls.

Speaking in defense of credit and collection professionals probably isn’t the politically savviest or safest move.  I am here to join with [ACA International] as your members continue to face untenable legal risk and uncertainty in your efforts to reach out to borrowers. Now, more than ever, it’s crucial that we get the rulemaking done, and ensure that honest businesses can call their customers without being threatened by bankruptcy. Repeat after me: “robocall” is not a bad word.

Federal Communications Commission Chairman Ajit Pai announced that the items below are tentatively on the agenda for the June Open Commission Meeting scheduled for Thursday, June 6, 2019:

Amid a deepening trade war with China, President Donald Trump declared a “national emergency” to protect US communications networks in a move that gives the federal government broad powers to bar American companies from doing business with certain foreign suppliers — including the Chinese firm Huawei. President Trump declared the emergency in the form of an executive order that says foreign adversaries are exploiting vulnerabilities in US telecommunications technology and services. It points to economic and industrial espionage as areas of particular concern.