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Telecom Business Alert – Data Privacy Webinar; FCC Enforcement; Cybersecurity Information Sharing Act, and LTE-U, Vol XII, Issue 44

Date: Nov 02, 2015

K&H/Mackrell Data Privacy Webinar:  “The End of the U.S. - EU Safe Harbor

On November 6, 2015, from 11:00 AM to noon EST, Keller and Heckman LLP attorneys will join members of the firm’s international law firm referral network, Mackrell International (www.mackrell.net), to discuss a recent decision from the European Court of Justice declaring the U.S.- EU Safe Harbor framework invalid.  The Safe Harbor provides a set of principles to which U.S. companies can agree in order to lawfully transfer data about EU citizens to the United States.  The decision throws into question the lawfulness of this and other data transfer mechanisms that thousands of companies have come to rely on.  For more information and to register, click here.

Congressional Review of FCC Enforcement

Three Members of the House Energy and Commerce Committee sent a letter to the Government Accountability Office (GAO) requesting review of the FCC’s Enforcement Bureau, expressing concern with the Bureau’s enforcement goals, strategy, and management.  The letter cites the recent decision to close several field offices, as well as  FCC data showing the Commission issued only 4 Telephone Consumer Protection Act citations in 2013 despite a backlog of over 1,000,000 TCPA-related consumer complaints.  For additional information, please contact Greg Kunkle (Kunkle@khlaw.com; 202.434.4178).

Forfeiture Order

Last week the Commission denied The Hinton Telephone Company’s Petition for Reconsideration of a $100,000 Forfeiture Order for alleged willful and repeated violation of Part 64 of the Commission’s Rules (“Miscellaneous Rules Relating to Common Carriers”).  According to the Forfeiture Order, for three months Hinton routed 9-1-1 calls to an automated message instructing callers to “hang-up and call 9-1-1.”  Section 64.3001 and 64.3002 of the Commission’s rules require carriers to transmit a 9-1-1 call to a Public Safety Answering Point (PSAP), designated answering point, or an appropriate local entity.  For additional information, please contact Wes Wright (Wright@khlaw.com; 202.434.4239).

Cybersecurity Information Sharing Act

Also last week the Senate passed Senate Bill 754, the Cybersecurity Information Sharing Action (CISA) of 2015, which provides for the sharing of cybersecurity-related information between private entities and the U.S. Government in an effort to curb data breaches and improve cybersecurity.  Although companies will not be required to share information under the bill, opponents of the bill argue that the bill encourages the collection and distribution of personal information.  The CISA is similar to two cybersecurity bills passed by the House earlier this year.  For additional information, please contact Tracy Marshall (Marshall@khlaw.com; 202.434.4234).

LTE-U Meetings With FCC

Various Wi-Fi stakeholders have submitted ex parte notices highlighting recent discussions with FCC staff pertaining to the impact of LTE Unlicensed (LTE-U) technology and Licensed Assisted Access (LAA) on Wi-Fi operations (Docket No. 15-105).  LTE-U and LAA are new technologies created to address wireless network congestion.  LTE-U will operate on unlicensed spectrum (5GHz), which is used by wireless devices for Wi-Fi connections.  The Wi-Fi stakeholders argue that LTE-U will disrupt connections to Wi-Fi and that specific standards and test procedures should be adopted to assess the coexistence of Wi-Fi and LTE-U services.  For additional information, please contact Greg Kunkle (Kunkle@khlaw.com; 202.434.4178).

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Keller and Heckman LLP's Telecom Business Alert is a complimentary weekly electronic update created by the Telecommunications and the Business Counseling and Transactional practice groups of Keller and Heckman LLP.  All articles, videos, and quotations are on topics of general interest and do not constitute legal advice for particularized facts.  Keller and Heckman LLP's Telecom Business Alert © 2015.  All rights reserved.  Articles may be copied with attribution.  To sign up for our weekly alert, please send us an email at telecomalert@khlaw.com and provide us with your name and email.  Please follow us on twitter at @KHtelecom.