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FCC To Tighten Rules On Robocalls

June 9, 2015 by  
Filed under Around The Net

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The top U.S. telecommunications regulator wants to make it more difficult for telemarketers and other businesses to robocall and text messages consumers under changes to autodialing rules being proposed.

The Federal Communications Commission plans to vote on June 18 on the proposal, which would give legal cover to telephone companies to offer consumers technologies that would block robocalls, regardless of where they originate.

“The FCC wants to make it clear: Telephone companies can – and in fact should – offer consumers robocall-blocking tools,” FCC Chairman Tom Wheeler said in a blog post.

The wireless carriers have worried that blocking automated calls could be construed as violations of the law that requires them to ensure that all calls placed over their networks reach their intended recipients.

The proposal would also reassert that consumers have to agree to receive automated calls and texts and clarify that they can revoke their consent in any “reasonable” way, including a simple request for calls to stop, without the need to file convoluted paperwork.

Robocalls and robotexts are by far the most common cause of consumer complaints at the FCC, topping 215,000 in the last year alone. Consumer advocates and the majority of U.S. states attorneys general had pressed the FCC to clarify the robocall rules.

Numerous business associations, including the U.S. Chamber of Commerce, have also pushed for clarifications, facing a growing number of lawsuits prompted by violations such as calling cellphone users whose numbers used to belong to someone else.

The FCC’s proposal would reassert that companies should try to avoid numbers reassigned to consumers who have not agreed to receive their calls. If they do not know that a number has been reassigned, they are allowed one call to find out.

The business community had also complained that some lawsuits unfairly target them for using dialing technologies that could be modified to become autodialers. FCC officials said any technology with the capacity to dial random or sequential numbers qualifies as an autodialer, even if it would require modification.

U.S. law prohibits telemarketing calls to both landline and cellphones of consumers who have not given written consent.

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Will Marriott Block Wi-Fi

January 5, 2015 by  
Filed under Around The Net

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The U.S. Federal Communications Commission will render a decision on whether to establish rules regarding hotels’ ability to block personal Wi-Fi hotspots inside their buildings, a practice that recently earned Marriott International a $600,000 fine.

In August, Marriott, business partner Ryman Hospitality Properties and trade group the American Hotel and Lodging Association asked the FCC to clarify when hotels can block outside Wi-Fi hotspots in order to protect their internal Wi-Fi services.

In that petition, the hotel group asked the agency to “declare that the operator of a Wi-Fi network does not violate [U.S. law] by using FCC-authorized equipment to monitor and mitigate threats to the security and reliability of its network,” even when taking action causes interference to mobile devices.

The comment period for the petition ended Friday, so now it’s up to the FCC to either agree to Marriott’s petition or disregard it.

However, the FCC did act in October, slapping Marriott with the fine after customers complained about the practice. In their complaint, customers alleged that employees of Marriott’s Gaylord Opryland Hotel and Convention Center in Nashville used signal-blocking features of a Wi-Fi monitoring system to prevent customers from connecting to the Internet through their personal Wi-Fi hotspots. The hotel charged customers and exhibitors $250 to $1,000 per device to access Marriott’s Wi-Fi network.

During the comment period, several groups called for the agency to deny the hotel group’s petition.

The FCC made clear in October that blocking outside Wi-Fi hotspots is illegal, Google’s lawyers wrote in a comment. “While Google recognizes the importance of leaving operators flexibility to manage their own networks, this does not include intentionally blocking access to other commission-authorized networks, particularly where the purpose or effect of that interference is to drive traffic to the interfering operator’s own network,” they wrote.

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