Twenty-seven states and the District of Columbia are joining a push urging the 11th U.S. Circuit Court of Appeals to hold an en banc rehearing regarding the court's decision on a 2023 FCC robocall and robotext order (see 2501240068). "The FCC’s one-to-one consent rule at issue in this appeal is a critical nationwide enforcement tool" against illegal robocalls, the states said in an amicus brief Monday (docket 24-10277), backing the National Consumer Law Center's proposed petition for rehearing en banc. The 11th Circuit panel’s decision "invalidating this commonsense rule threatens Amici States’ interest in protecting consumers, families, and businesses from the deluge of invasive robocalls," they said. The one-to-one consent rule "provides a critical federal complement to state-level efforts to combat robocalls by creating a nationwide limitation on certain harvesting of consumer contact information." The states signing the amicus brief were: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.

The Pew Charitable Trusts is taking a wait-and-see approach on the future of BEAD (see 2503170045), said Kathryn de Wit, project director of its broadband access initiative. “If the goal is to get shovels in the ground more quickly, our research shows that pursuing practical and bipartisan administrative changes to BEAD -- like using existing permitting processes from other federal broadband programs … rather than completely overhauling the program -- would foster trust between states and ISPs and keep progress moving,” she said in an email late Monday. On accommodating satellite broadband, she noted that “alternative technologies, including fixed wireless and satellite, have always been part of the solution, and states have had the ability to include them in their BEAD planning processes.” Nevada has already completed its ISP selection process, and while it’s using fiber to serve more than 80% of its unserved locations, satellite will serve about 9%, she said.

While companies are making fewer customer calls, 86% of business executives “across a wide range of industries agree the phone” remains “the most important outbound channel for meeting customer service goals and increasing revenues,” Forrester Consulting said Monday. “Key pain points” in calling include “inaccurate customer contact data and the threat of call spoofing,” Forrester said. The executives reported that their companies are making 26% fewer calls than three years ago “while increasing use of other digital channels.” The report stressed the importance of branded calling: “Three in four decision-makers say accurate caller information displayed on outbound calls is important for improving customer engagement and increasing answer rates.” Protections against call spoofing were listed as important features by 67% of respondents.

The Electronic Privacy Information Center and other groups are backing a National Consumer League petition (see 2502200004) for the full 11th U.S. Circuit Court of Appeals to rehear a case on the FCC's one-to-one telemarketing consent rule. An 11th Circuit panel previously held that the FCC exceeded its authority with the rule. In a proposed amicus brief Friday (docket 24-10277), EPIC and others said the one-to-one consent rule is an effective anti-robocall tool that doesn't hurt business because it only restricts how Telephone Consumer Protection Act consents can be obtained and bars their resale. The groups said the panel's reasoning could undo long-standing consumer protections, such as written consent for telemarketing robocalls. Also behind the EPIC filing were Consumer Federation of America, Public Knowledge and the National Association of State Utility Consumer Advocates.

The FCC's February 2024 robocall and robotext order (see 2402160048) that stops consumers from receiving unwanted messages seems overly broad, going even beyond what consumers want, according to financial organizations. In a docket 02-278 filing Wednesday recapping a meeting with FCC Chairman Brendan Carr's office, the institutions said that under the order, a consumer who replies "stop" to revoke consent for a type of message from a financial institution will stop all other phone or text communications from it. In addition, the order's requirements about processing revocations sent to one business unit so that all business units must stop calling or texting is "substantial work," especially for big institutions with numerous business units and separate calling systems. And they said the effective date for this provision of the order -- April 4 -- was set in October, giving only six months for implementation. The agency should waive revocation rules for one year, to April 11, 2026, they said. Meeting with Carr's office were representatives of the American Bankers Association, America’s Credit Unions, American Financial Services Association, ACA International -- formerly the American Collectors Association -- and Mortgage Bankers Association.

The FCC's "know your customers" requirement seemed to indicate that voice providers would have flexibility in adopting effective measures, but the proposed $4.5 million Telnyx fine seems to belie that, according to the Cloud Communications Alliance and Voice on the Net Coalition. In docket 17-59 Tuesday, the voice-provider trade groups said the FCC is required by law to put out guidance that's subject to notice-and-comment rulemaking before imposing high civil forfeitures. They said the FCC should make clear that forfeitures can be imposed only when a voice service provider actually knows of illegal traffic or intended to allow the traffic onto its network. Otherwise, providers acting in good faith could be subject to substantial forfeitures, they said. The trade groups said it's not clear what standards the FCC will apply to determine whether a provider took “affirmative, effective measures” to prevent customers from making illegal calls. They said last year's Lingo Telecom content decree (see 2408210039) can't serve as "know your customers" guidance unless there's first a notice-and-comment rulemaking. Telnyx is fighting the proposed robocall fine (see 2503050026).

The FCC Wireline Bureau on Monday reminded Secure and Trusted Communications Networks Reimbursement Program recipients that their next updates to the commission are due April 3. The last quarterly reports were due Jan. 3. “The status updates keep the Bureau apprised of recipients’ progress toward meeting their obligations under the Reimbursement Program,” the notice said.

The Edison Electric Institute, which represents electric utilities, asked the FCC to clarify that utilities have “prior express consent” under the Telephone Consumer Protection Act to send “demand response calls and texts” to their customers. EEI asked the commission to confirm “that such communications are ‘closely related’ to a customer’s utility service, as they are essential for effective grid management and for Americans to have the information they need to manage their cost of living, particularly considering rising energy demands and costs.” The group stressed the importance of these calls and texts to the electric industry. “Demand response programs target short-term, intentional modification of electricity usage by end-user customers during peak times or in response to market prices,” it said. “They help keep the electricity grid stable and efficient and can save customers money.” The petition was filed Monday in docket 02-278.

NTIA should follow Texas' lead in applying a "technology neutral approach" to the BEAD program, wrote Joe Kane, Information Technology and Innovation Foundation director-broadband and spectrum policy, on Friday. Kane cited Texas Comptroller Glenn Hegar's recent letter to Sen. Ted Cruz, R-Texas, regarding the state's nearly $1 billion in leftover BEAD funding. "This success is due to Texas’s ongoing efforts to connect remote areas with a variety of technologies, including a pioneering low-earth-orbit satellite broadband program," he said. The "most pressing change" is making BEAD tech-neutral, Kane said: "Texas has already proven that rapid and economically responsible deployment is possible. Now, the federal government should follow its lead."

The National Consumer Law Center and Public Justice made their case Monday with the 11th U.S. Circuit Court of Appeals for an en banc hearing of the court’s decision on a 2023 FCC robocall and robotext order (see 2501240068). Intervenors sought permission to intervene when it became clear the U.S. government wouldn't defend the order (see 2502200004). A key issue before judges was the one-to-one robotext consent provisions in the 2023 order.