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.

The National Consumers League (NCL) and four small business owners are at odds with the Insurance Marketing Coalition over whether the NCL parties should be allowed to seek rehearing of a federal court ruling on a 2023 FCC robocall and robotext order. In a docket 24-10277 reply Friday with the 11th U.S. Circuit Court of Appeals, the proposed intervenors said they sought permission to intervene as soon as it became clear the U.S. government wouldn't defend the FCC's 2023 order. They filed a motion to intervene last month (see 2502200004). The proposed intervenors said Friday they don't intend to relitigate the rule but "only seek to advance the case as the Government would if it was still defending the Rule." In its opposition last month, the coalition said the petition is untimely, and NCL can still advocate for its interests during proceedings before the FCC on remand.

Secretary of Defense Pete Hegseth announced this week that Katie Arrington was appointed as acting DOD chief information officer. Arrington formerly ran for Congress in South Carolina but lost a primary to Rep. Nancy Mace, R-S.C. Leslie Beavers, who has been acting CIO since John Sherman left the job last year, returned to serving as principal deputy CIO. The DOD CIO position requires Senate confirmation. The telecom industry closely watches it, especially as DOD examines the future of the lower 3 and 7/8 GHz band, which carriers target in part for 5G (see 2406100043).

The Schools, Health & Libraries Broadband Coalition supports waiving the April 1 funding request filing deadline for the rural Healthcare Connect Fund, it told the FCC Wireline Bureau in an ex parte meeting Monday, according to a filing posted Wednesday in docket 02-60. The waiver request was originally made by the Colorado Hospital Association and intended to allow the Universal Service Administrative Co. time to give the system the ability to handle the filings. “Various factors have delayed the standard application processing time over the course of this funding year,” said SHLB, detailing processing issues and delays caused by the application portal. The proposed 90-day extension is “justified” given the diversity in applicant types “and variations in applicant experience and expertise in filing.”