FCC Compliance Obligations

Our attorneys represent associations, services providers and corporate clients in FCC rulemaking proceedings in which service provider and other compliance and marketing regulations are formulated.   In advising clients, Keller and Heckman confirms applicability of the requirements to the client’s business/operations,  assists in establishing compliance procedures, and informs clients of regulatory and legislative proposals impacting compliance obligations and business processes. We counsel companies engaged in telecommunications marketing and assist companies in complying with privacy and data breach notification laws and regulations.


  • 911 Rules.  The ability to identify the location and identity of persons dialing 911 is essential for accurate dispatching and timely action by emergency response agencies.  There are a host of state and federal 911 rules that impose obligations to promote the reliability of the 911 system and enhanced 911 (“E-911”) rules.  E-911 laws and regulations are in a state of flux.  Federal and state regulators continue enforcing E-911 routing, automatic location information (ALI) and automatic numbering information (ANI) obligations.  However, regulators are attempting to update these rules to incorporate the benefits of a next generation 911 (“NG-911”) system to support consumers that have transitioned to mobile and VoIP services.  Federal E-911 regulations apply to wireless carriers and VoIP providers.  Laws and regulations requiring E-911for fixed wireline services have been enacted in some states and local jurisdictions.   Keller and Heckman advises enterprises and specialized 911 services providers on E-911 and NG-911 regulations and represents these services providers in critical regulatory proceedings and enforcement matters. 
  • Communications and Video Accessibility Act (“CVAA”);  The  CVAA imposes   accessibility obligations and reporting requirements associated advanced communications services (ACS), telecommunications relay services (TRS), including video relay services (VRS), video description and captioning obligations, audio captioning, and hearing aid compatibility requirements for wireless devices.
  • Open Internet Rules:  The FCC’s 2010 and 2015 Open Internet Orders require broadband providers offering “Broadband Internet Access Service(“BIAS”) to operate their networks in compliance with  the three “bright line rules” and the related “no-unreasonable interference/disadvantage” standard intended to ensure the openness of the Public Internet, and the detailed, highly prescriptive “transparency rule” to ensure that consumers and edge providers have complete and accurate information regarding  BIAS offerings.
  • Customer Proprietary Network Information (“CPNI”).Rules implementing the CPNI provisions of Section 222 of the Communications Act for legacy telecommunications services and VoIP have been in effect for years and remain a significant compliance obligation for telecommunications carriers.  Proposed regulations—initially identified in the 2015 Open Internet Order—define CPNI in the broadband context and regulate  the manner in which BIAS providers must collect, use, share, and maintain the security of each customer’s CPNI and personally identifiable information (“PII”), collectively referred to as “Customer PI.”  The FCC is also proposing data breach notification obligations for BIAS providers and rules regarding deep packet inspection and persistent tracking technologies.
  • Telephone Consumer Protection Act (“TCPA”):  The TCPA and FCC rules applicable to marketing communications with consumers encompass the use of text messaging and other automated technologies, telephone calls to residential lines, and the transmission of fax advertisements.  We advise on Do-Not-Call and other telemarketing restrictions, opt-in and opt-out requirements for “robocalls” and fax ads, and managing opt-out requests.
  • Privacy, Data Security and Digital Media:  In collaboration with our Privacy, Data Security and Digital Media practice group, we also assist clients with managing privacy and security aspects of their websites and mobile apps, complying with applicable international, federal and state laws and self-regulatory guidelines, preparing for and responding to data breaches, and evaluating and complying with cybersecurity laws and best practices.  Our work includes public policy advocacy, counseling, assisting with transactions, and enforcement and litigation.  More information is available on the Privacy, Data Security and Digital Media practice group page.