On February 4, 2019, Reps. Frank Pallone, Jr. (D-NJ) and Mike Doyle (D-PA), the new chairs of the House Committee on Energy and Commerce and Subcommittee on Communications and Technology, respectively, sent a letter to FCC Chairman Pai directing him to provide “information about, among other things, the FCC’s current workload, the work of its bureaus and field offices, and the FCC’s interactions with the public through its handling of consumer complaints and Freedom of Information Act requests.” The letter accused Chairman Pai of failing to respond to inquiries from Congress and the public about the FCC’s operations, and claimed that “[t]hese actions have denied the public of a full and fair understanding of how the FCC under [Pai’s] leadership has arrived at public policy decisions that impact Americans every day in communities across the country.” In their accompanying requests, Pallone and Doyle specifically asked for information about the number of consumer complaints related to robocalling and/or spoofing that the FCC has received each year between 2016 and 2019, as well as how many of those complaints were referred to the FCC’s Enforcement Bureau. Chairman Pai’s response to the letter is due on March 4, 2019.

FCC Petitions Tracker

Kelley Drye’s Communications group prepares a comprehensive summary of pending petitions and FCC actions relating to the scope and interpretation of the TCPA.

Number of Petitions Pending

  • 30 petitions pending
  • 1 petition for reconsideration of the rules to implement the government debt collection exemption
  • 1 application for review of the decision to deny a request for an exemption of the prior-express-consent requirement of the TCPA for “mortgage servicing calls”
  • 1 request for reconsideration of the 10/14/16 waiver of the prior express written consent rule granted to 7 petitioners
  • 10 applications for review of fax waiver orders under the Anda progeny (these applications for review were not addressed in the Nov. 14, 2018 Bureau order)
  • 1 application for review of the CGB order issued on 11/14/18 eliminating the opt-out language rule for solicited faxes (and 2 oppositions to the application for review)

New Petitions Filed

  • None since January 2019

Upcoming Comments

  • NorthStar Alarm Services, LLC. – seeking a declaratory ruling that the use of soundboard technology, which allows a live operator to select one or more recorded message “snippets” during live calls with recipients, does not constitute the use of an artificial or prerecorded voice that delivers a message under the TCPA (Comments due 3/15/19; Reply Comments due 3/29/19)

Decisions Released

  • None since January 2019 report

Click here to see the full FCC Petitions Tracker.