CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

Mobile App Provider Seeks Clarification on Applicability of the TCPA to OTT Texting Services

With class action cases proliferating, the Federal Communications Commission ("FCC") continues to receive petitions seeking guidance on the applicability of its rules to various calling or texting scenarios. In the…

Wal-Mart.com USA Consent Decree Reminder of Retailers’ Responsibilities for the Radiofrequency Devices They Sell

A recently adopted Consent Decree entered into between the Enforcement Bureau (“Bureau”) and Wal-Mart .com USA leaves no doubt that retailers are advised to be aware of their regulatory responsibilities for the…

FCC Grants, with Conditions, TCPA Waiver for Package Delivery Notifications; Allows Intermediary Consent for Text-Based Social Networking

The Federal Communications Commission (the “Commission” or “FCC”) seems to be opening the spigot a bit on its extensive backlog of Telephone Consumer Protect Act (“TCPA”) petitions. On March 27, 2014, the Commission…

FCC to Enforce Benchmark Rate on U.S. to Fiji Route

Last week, the FCC granted a petition filed by AT&T requesting enforcement of the benchmark rate of $0.19 per minute for international traffic on the U.S.-Fiji route. Among other requirements, the Memorandum Opinion…

Trio of NALs for Antenna Structure Violations Highlight Application of Aggravating Factors - Being Bigger Is a Liability

The release of three notices of liability in the past two weeks regarding alleged violations of the Federal Communications Commission’s (FCC's) antenna structure violations by the FCC’s Enforcement Bureau (Bureau)…