Fcc 2007


Customer proprietary network information CPNI is the data collected by telecommunications companies about a consumer's telephone calls.

It includes the time, date, duration and destination number of each call, the type of network a consumer subscribes to, and any other information that appears on the consumer's telephone bill.

Telemarketers or customer service agents working on behalf of telephone companies must go through an additional customer authentication layer typically a PIN, or last four of the stored payment method and ask for the customer's consent prior to accessing the billing information or before using or sharing that information for any purpose, including but not limited to, offering an up-sell or any change of services.

Usually, this is done at the beginning of a call from the telemarketer to the telephone subscriber. The U. Telecommunications Act of granted the Federal Communications Commission FCC authority to regulate how customer proprietary network information CPNI can be used and to enforce related consumer information privacy provisions.

Note that as long as an affiliate is "communications" related, the FCC has ruled that CPNI is under an opt-out approach can be shared without your explicit permission. A phone company is permitted to sell all information on you, such as numbers you call, when you called them, where you were when you called them, or any other personally identifying information. CPNI would normally require a warrant for law enforcement agencies, but it can be freely sold to "communications" related companies.

One can call up a phone company and opt out by requesting that they do not share CPNI information. In the case of Verizon Wirelessfor example, the company states that on the one hand, "Your privacy is an important priority at Verizon Wireless", and on the other hand, states that Verizon shares CPNI "among our affiliates and parent companies including Vodafone and their subsidiaries unless you advise us not to".

For example, the rule revisions adopted in the Order do not limit a carrier's ability to use CPNI to perform billing and collections functions, restrict CPNI use to effect maintenance and repair activity, or impact responses to lawful subpoenas. Fines for failure to comply with CPNI rules can be substantial. From Wikipedia, the free encyclopedia. This article has multiple issues. Please help improve it or discuss these issues on the talk page.

Learn how and when to remove these template messages. This section's factual accuracy is disputed. Relevant discussion may be found on Talk:Customer proprietary network information. Please help to ensure that disputed statements are reliably sourced. April Learn how and when to remove this template message. This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed.

Retrieved 16 November Categories : Telemarketing Telephony Telecommunications economics Privacy of telecommunications. Hidden categories: Accuracy disputes from April All accuracy disputes Articles needing additional references from April All articles needing additional references Articles with multiple maintenance issues. Namespaces Article Talk. Views Read Edit View history. Languages Add links.The FCC has circulated an item tying up some loose ends in a Second Report and Order to extend rules easing the awarding of franchises to new entrants, like telcos, to incumbent cable operators as well.

According to a source familiar with the item, which is only described as "Implementation of Section a 1 of the Cable Communications Policy Act of as amended by the Cable Television Consumer Protection and Competition Act of ," it confirms that FCC rule changes meant to prevent local franchising authorities from delaying the grant of franchises apply to incumbent cable operators as well, as telcos and other new entrants, and denies petitions to reconsider that decision in all but one part.

They have been on hold awaiting action on petitions at the FCC to reconsider the decision. The practical impact is that the FCC won't have to keep telling the Sixth Circuit that it has not resolved those petitions yet. The FCC launched the revamp of local franchising rules in to make sure localities were not "unnecessarily refusing" to award cable franchises to new entrants.

In its first order, it eased the franchise path for those new entrants by, among other things, putting a shot clock on local franchise negotiations, limiting build-out requirements and franchise conditions, and capping public and government access channel investments. It then issued a second Report and Order that extended most of those new rules to incumbent cable operators as well when their franchises came up for renewal, concluding that "to promote the federal goals of enhanced cable competition and accelerated broadband development, the Commission's rules regarding the local franchising process should be extended to incumbent cable operators.

The FCC also concluded that most favored nation clauses would also allow incumbents to adjust their franchise obligations if and when a new entrant obtained more favorable franchise conditions. They also filed suit, which was consolidated in the Sixth Circuit, which was already hearing a challenge of the first order--which it ultimately upheld. The item circulated last week clarifies that the order extends to incumbents with state-level franchises.

The FCC said it would review and revise its regulatory flexibility analysis, which is the one part of the petitions to reconsider it grants, but denies them in all other respects. Pai says item will confirm parity among new entrants and incumbents. PR Feed.

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Need to Know. TV Jobs. Home News Content. It has been circulated to the other commissioners for their vote, according to the FCC.Jump to navigation. On July 14,Snap Telecommunications, Inc. Snap filed a request for a temporary waiver of the interoperability requirements concerning the provision of Video Relay Service VRS. Snap therefore requests that the Commission dismiss its waiver request as moot.

On May 1,pursuant to 47 C. The alternative methodologies result in a proposed carrier contribution factor ranging form 0. The FCC urges merchants to use caution in handling telephone orders for goods. Merchants that accept orders made by telephone for goods and services should take steps to ensure that, for any order placed by phone, the payment method or credit card is valid and the purchaser is authorized to use the particular credit card.

In addition, there are some indicia of fraudulent telephone orders or business transactions that merchants can use to help determine if an order placed by phone is legitimate. The Commission has received informal complaints that people without disabilities, who are posing as deaf or hard of hearing consumers, are misusing an Internet based telecommunications relay service "TRS" or "Relay Service" called "IP Relay" to perpetrate fraudulent business transactions, often by using stolen or fake credit cards.

The Commission also reminds merchants who accept telephone orders that they must not "hang up" on calls made through a Relay Service. Therefore, if a merchant accepts telephone orders from the general public, the merchant cannot refuse to accept calls from people who are deaf or hard of hearing or who have a speech disability who call through a Relay Service.

fcc 2007

Calls made through a Relay Service can and must be handled in the same way as any telephone call. The Commission has extended the disability access requirements of Sections and of the Communications Act, which currently apply to traditional phone services, to providers of interconnected Voice over Internet Protocol VoIP services and to manufacturers of specially designed equipment used to provide those services.

In this Report and Order Orderthe Commission extends the disability access requirements that currently apply to telecommunications service providers and equipment manufacturers under section of the Communications Act ofas amended the Actto providers of "interconnected voice over Internet Protocol VoIP services," as defined by the Commission, and to manufacturers of specially designed equipment used to provide those services.

The Commission adopts this measure under our Title I ancillary jurisdiction in order to give full effect to the accessibility policies embodied in sectionand to further our statutory mandate to make available a nationwide communications system that promotes the safety and welfare of all Americans.

Among the TRS requirements that the Commission extends to interconnected VoIP providers, the Commission requires such providers to contribute to the Interstate TRS Fund Fund under the Commission's existing contribution rules, and to offer abbreviated dialing for access to relay services.

Together, these measures will ensure that, as more consumers migrate from traditional phone service to interconnected VoIP services, the disability access provisions mandated by Congress under sections and will apply to, and benefit users of, interconnected VoIP services and equipment. The current TRS certifications for all states and territories will expire on July 26, Under the TRS regulations, states can apply for "renewal" one year prior to expiration, i.

Pending resolution of the cost recovery methodology issues raised in the TRS Cost Recovery FNPRM FCCreleased July 20,the Commission continues the current compensation rates on an interim basis until such time as new rates are adopted and effective. The Commission hereby seeks comment on the Petition. This certification shall remain in effect for a period of five years from the release date of the Public Notice.

Within ninety days prior to the expiration of this certification, CSDVRS may apply for renewal of its VRS service certification by filing documentation in accordance with the Commission's rules. Hawk Relay's July 9,application is granted, subject to the conditions noted in the Public Notice. The Commission grants Hawk Relay's application subject to compliance with applicable Commission orders, including the declaratory ruling requiring the interoperability of VRS equipment and service.

This certification shall remain in effect for a period of five years from the release date of this Public Notice. Within ninety days prior to the expiration of this certification, Hawk Relay may apply for renewal of its IP Relay and VRS provider certification by filing documentation in accordance with the Commission's rules. In that order, the Commission extended the telecommunications relay service TRS requirements contained in Part 64 of the Commission's rules to providers of interconnected voice over Internet Protocol VoIP services.

Among the requirements extended to interconnected VoIP providers is the obligation to offer abbreviated dialing access to traditional relay services via a voice telephone or a text telephone TTY. The petitions for waiver raise issues concerning 1 the ability of an interconnected VoIP provider to route the inbound leg of a call to an appropriate TRS provider, particularly when the caller's telephone number does not correspond to the caller's actual location, and 2 the ability of a TRS provider that receives, via an interconnected VoIP service, a call concerning an emergency to determine an appropriate Public Safety Answering Point PSAP to call.

As set forth herein, the Commission recognizes that in certain circumstances there are technical challenges to the ability of interconnected VoIP providers to route calls to an appropriate relay center. Similarly, the Commission recognizes that in certain circumstances TRS providers receiving emergency calls via an interconnected VoIP service may not be able to determine an appropriate PSAP to call in compliance with the TRS emergency call handling requirements.On March 11,the FCC released a set of rules outlining an alternative method for certification of devices whose radio frequency and power characteristics can be modified by software such devices are designated Software Defined Radio devices.

In response to a petition from Cisco Systems, Inc. The FCC notes in its Memorandum Opinion and Order that the industry now commonly uses both the kernel named Linux and complete FOSS operating systems in wireless radio devices under its regulatory control. For example, many Such functionality, which if licensed as individual proprietary components can be prohibitively expensive, is readily available with any FOSS operating system. Many manufacturers have therefore chosen to configure their devices with these FOSS systems rather than proprietary alternatives.

This white paper focuses primarily on these small components, but the reader should not lose sight of how much software on the standard FOSS-based FCC-regulated consumer devices remains far from the regulatory control of the FCC. The FCC is a statutory body with a grant of jurisdiction strictly defined by Congress. Second, it has ancillary jurisdiction to make rules and regulations necessary for carrying out its primary responsibilities.

Even if the FCC did have the power to regulate independent software development, it has promulgated no rules governing such activity. Thus, unless a given entity engages in the marketing or importation of hardware-based radio equipment, it is unaffected by these regulations. The FCC has promulgated the SDR rules as a modification to its existing regulations governing the certification for marketing and sale of devices that may interfere with radio transmissions.

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Nowhere do the rules restrict any party other than a manufacturer seeking certification for a device. Such equipment is exempt from the certification requirements if it is not marketed to the public and is only used under controlled conditions.

Thus, even entities who install and run software — FOSS or otherwise — on radio hardware devices for the purposes of testing, research or development are exempt from the new SDR certification rules as long as they abide by the other applicable FCC rules. Second, the FCC has provided much greater regulatory clarity than has existed on this issue since the commencement of the SDR rulemaking process in The rules allow FOSS developers not affiliated with device manufacturers to continue work on their software without restriction.

They allow SDR manufacturers to employ FOSS for most of the functionality of their devices, and they leave open the possibility that a device using a purely FOSS-based software platform could also pass FCC certification if it managed to demonstrate the soundness of its security strategy.

Verbatim copying of this document is permitted in any medium, provided this notice is preserved.

PPD's 2007 Releases

EPAF. FCCU.The Federal Communications Commission FCC has charged a health insurance telemarketer with making over 21 million illegally spoofed robocalls.

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Thank you, you have successfully subscribed to our newsletter! Enjoy reading our tips and recommendations. The full FCC must still vote, but Genachowski said that after reviewingpages of documents and holding more than stakeholder meetings, he has concluded the deal is not in the public interest.

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Technically, the FCC cannot block the deal and it's likely the affair will wind up in court, but Genachowski's finding pretty effectively sticks a fork in it and finds it over-cooked. The FCC has the power to approve the deal but if it finds it unacceptable, it can only refer it to an administrative law judge, who is obligated to consider all of the evidence gathered during the FCC's review. The U. Justice Department has reached similar conclusions and has already sued to block the merger.

That case is expected to go to trial in February, and the FCC is likely to hold off until the outcome of that case is clear. Just a few weeks ago, Attorney General Eric Holder made it known the Justice Department's opposition is not a token gesture. He said litigators are "ready and eager" to go to trial. Despite staunch opposition from Congress and media watchdog groups, the FCC voted to relax its rules against businesses consolidating ownership of media outlets in a given region.

Under the new rules, broadcasters in the nation's 20 largest media markets can now also purchase newspapers for their business, not that there has been any great rush to snap up moribund print properties, with the obvious exceptions of Dow Jones and the Tribune Company.

Critics of the vote say it will open the door to more corporate buyouts of local media and decrease quality local journalism. Martin's push to pass the new rule also faces opposition in Congress. Prior to the vote, 25 senators from both parties wrote Martin to demand he slow down the vote and give the public more time to comment on the issue, as is customary with most proposed government regulations.

Maria Cantwell D-WAwho signed the letter, said prior to the vote that Martin's decision would have "consequences.


Martin, however, has the backing of the White House to pursue the media consolidation changes. Commerce Secretary Carlos Gutierrez wrote Senate Majority Leader Harry Reid prior to the vote, warning him that the Bush administration would fight any "attempt to delay or overturn these revised rules by legislative means. Martin, a former Bush campaign operative whose wife Cathie has worked for both Bush and Vice-President Dick Cheney, has aggressively pursued a conservative, free-market agenda since succeeding Michael Powell to become FCC chair in Martin has also opposed legislation protecting the right of "net neutrality," enabling small Internet publishers equal access to the network.

But Martin's generally hands-off attitude towards market issues comes to an end with the cable industry. Martin has continually pushed for greater regulation of cable companies and diversification of cable subscriptions in given areas, as well offering of "a la carte" channel packages that enable subscribers to only buy channels they want.

fcc 2007

Many critics see the "a la carte" move as a back-door attempt to starve out cable channels that present adult-oriented content.

Martin recently introduced a proposal to reinstate a cap on cable companies owning more than 30 percent of the national market, a move that was supported by consumer groups and bitterly opposed by the cable industry -- and expected to be voted on at today's meeting.

Martin's rush to push the media consolidation relaxation waiver may be due to several large media deals that would run into problems without it, such as Rupert Murdoch's buyout of the Dow Jones corporation and Sam Zell's desire to purchase the Tribune publishing company, though Martin has granted both deals waivers to continue.

The rush may also be attributed to Martin's tenure as FCC chair coming to an end.In the United States, net neutralitythe principle that Internet service providers ISPs treat all data on the Internet the same, and not discriminate, has been an issue of contention between network users and access providers since the s.

A core issue to net neutrality is how ISPs should be classified under the Communications Act ofif they should be Title I "information services" or Title II " common carrier services". The makeup of the 5-member FCC has changed with each new administration, leading to the state of net neutrality flipping back and forth over the last two decades.

Inthe FCC adopted network neutrality principles "to preserve and promote the vibrant and open character of the Internet as the telecommunications marketplace enters the broadband age. Opponents claimed that these bills would have benefited industry lobbyists instead of consumers.

The draft of the proposed repeal, published in Mayled to over 20 million comments to the FCC. Despite a majority of these favoring retaining the Open Internet Order, the FCC still voted in favor of repealing the Order, which went into effect in June despite efforts in Congress to stay the repeal.

Inunder Republican Chair Kathleen Abernathythe Federal Communications Commission adopted network neutrality principles "to preserve and promote the vibrant and open character of the Internet as the telecommunications marketplace enters the broadband age. Proponents claimed that these bills would preserve the open Internet that consumer groups sought, and to prohibit Internet service providers from using various variable pricing models based upon the user's quality of service level, described as tiered service in the industry and as price discrimination arising from abuse of "local monopolies enshrined in law" by some economists.

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Large broadband Internet access service providers challenged the FCC's network neutrality principles. In Verizon Communications Inc. FCCF. Thus the rules were struck down. The United States Telecom Association, which represents large telecom companies, filed a lawsuit against the FCC in challenging the net neutrality rule. The Association argued that the FCC's classification of broadband carriers as "common carriers" was a form of administrative overreach.

In Junea divided panel of the Court of Appeals for the District of Columbia upheld the FCC's net neutrality rules and the FCC's determination that broadband access is a public utility, rather than a luxury. According to the FCC, they have three parts to they wish to use as a framework for they need Consumer Protection, Transparency and Removal of Unneeded regulations. They believe that internet providers were unfair and deceiving customers in this practice.

It has since been revealed that there were millions of fraudulent comments submitted during this comment period. On June 11,the repeal of the FCC's rules took effect, ending network neutrality regulation in the United States.

The ideas underlying net neutrality have a long pedigree in telecommunications practice and regulation. Services such as telegrams and the phone network officially, the public switched telephone network or PSTN have been considered common carriers under U. In the late s the Internet became legally available for commercial use, and in the early years of public use of the Internet, this was its main use — public access was limited and largely reached through dial-up modems as was the Bulletin board system dial-up culture that preceded it.

The Internet was viewed more as a commercial service than a domestic and societal system. Being business services, cable modem Internet access and high-speed data links, which make up the Internet's core, had always since their creation been categorized under U. Brand X Internet ServicesU.

FCC 2007

However, the dissenting opinion was written by Justice Antonin Scaliawho was highly critical of the majority opinion and wrote that it was clear that cable ISPs should be treated as common carrier services as dial-up ISPs were. However, by the late s and early s, the Internet started to become common in households and wider society. Also in the s, arguments about the public interest requirements of the telecommunications industry in the U. How can government ensure that the nascent Internet will permit everyone to be able to compete with everyone else for the opportunity to provide any service to all willing customers?

Next, how can we ensure that this new marketplace reaches the entire nation?Comcast Corp. FCC[1] F. In so holding, the Court vacated a order issued by the FCC that asserted jurisdiction over Comcast's network management policies and censured Comcast from interfering with its subscribers' use of peer-to-peer software.

Inseveral subscribers of Comcast high-speed Internet discovered that Comcast was interfering with their use of peer-to-peer networking applications. Following this complaint, the FCC issued an order censuring Comcast from interfering with subscribers' use of peer-to-peer software—the FCC's second attempt to enforce its network neutrality policy with the first being the Madison River investigation.

Specifically, the Communications Act of granted the FCC the power to "perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with [the Act], as may be necessary in the execution of its functions". Additionally, because other options were available for Comcast to manage their network policy without discriminating against peer-to-peer programs, the FCC found that Comcast's method of bandwidth management breached federal policy.

The D. Circuit Court of Appeals held that the FCC failed to justify its exercise of ancillary authority to regulate Internet service providers ' network management practices. For an issue to fall within an agency's authority, the agency need only have ancillary authority—a sufficient statutory support requesting the agency at least take action in the first instance of the issue.

Here, the Court did not find a sufficient statutory basis under the Communications Act of for the FCC's mandate to regulate the behavior of Internet service providers. The Court relied on a two-part test for ancillary authority, laid out in Am. Library Ass'n v. FCC : [4] A commission may exercise ancillary authority only if " 1 the Commission's general jurisdictional granted under Title I [of the Communications Act] covers the regulated subject and 2 the regulations are reasonably ancillary to the Commission's effective performance of its statutorily mandated responsibilities".

The FCC failed to show that its action of barring Comcast from interfering with its customer's peer-to-peer use was reasonably ancillary to the effective performance of its statutorily-mandated authority.

But in a unanimous decision, the Court found that the FCC lacked the power to enforce these rules. However, the D. Circuit hinted that the court would accept separate jurisdictional arguments under other titles of the communications act.

fcc 2007

Further, the court's decision prompted the FCC to establish new rules regarding internet regulations. Because of the ruling in this case, these rules justify themselves in new ways, namely claiming direct authority through section of the Communications Act, as well as ancillary authority through Title II and VI of the Act.

While these justifications avoid the direct complaints raised in this case, it is not clear whether they would hold up on appeal. Comcast Statement on U. Court of Appeals Decision on Comcast v. FCC [7]. FCC Statement on Comcast v. FCC Decision [8]. While these rules did not reclassify a broadband service as a communications service under the Title II regulation, it would forbid cable and DSL Internet service providers from blocking or slowing online service.

It would also prohibit mobile carriers from blocking VoIP applications such as Skype and blocking websites in their entirely, while restrictions are fewer than those on cable and DSL. FCC, to overturn this new rule, although the new rules had not yet been in effect.

A few days after the filing by Verizon, MetroPCSwhich had already been accused of violating the new rules, also asked the same court to hear the challenge against the new rules. The court ruled in Verizon Communications Inc. From Wikipedia, the free encyclopedia. We are gratified by the Court's decision today to vacate the previous FCC's order. Our primary goal was always to clear our name and reputation. We have always been focused on serving our customers and delivering the quality open-Internet experience consumers want.

Comcast remains committed to the FCC's existing open Internet principlesand we will continue to work constructively with this FCC as it determines how best to increase broadband adoption and preserve an open and vibrant Internet.