Enforcement Bureau Focusing on Accessibility, Robocalls

FCC acting Chairwoman Jessica Rosenworcel has been “very aggressive” working with other countries to reach agreements on robocall enforcement, and the Enforcement Bureau is paying more attention to accessibility issues, a virtual FCBA CLE heard Wednesday. Such agreements “come up routinely,” when the agency meets with foreign regulators, said her aide David Strickland. “A lot of these robocalls are coming from overseas.”

Rosenworcel also focused on increasing communication between EB and other bureaus on robocalls, which Strickland said helps with “the evolving landscape” of robocalls. Robocallers are constantly introducing new technology and methods, he said. The agency also focused on increased coordination with local officials and law enforcement to “maximize our resources,” Strickland said.

EB Legal Adviser Ashley Tyson cited FCC action against ViaTalk, and more recently ViacomCBS and its Pluto TV, as examples of the bureau focusing on violations of accessibility rules (see 2109290084).

EB sent out an advisory about emergency alert system accessibility rules in June (see 2107210043). Such advisories can be a sign staff has sent out letters of inquiry to possible violators and is preparing an enforcement action, said Bradley Arant attorney Bradford Currier.

The bureau should pay special attention to the entities providing broadband mapping data to the FCC and whether they're fulfilling their responsibilities, said William Davenport, chief of staff to Commissioner Geoffrey Starks. Davenport and Commissioner Brendan Carr COS Ben Arden said scrutiny should be applied to entities involved with USF. Extra vigilance is important “anytime you have finances going out the door,” said Arden. “We want to make sure parties are submitting accurate information,” said Davenport. Commissioner Nathan Simington’s Media Adviser Adam Cassady said his office has received “a number of consumer complaints” about the emergency broadband benefit.

Arden and Cassady said EB should stay out of matters involving political speech. Carr previously raised concerns about complaints filed to the FCC over political broadcast content (see 2105100045). That's an area “where enforcement shouldn’t be involved,” said Arden.

​​​​​​​Currier said EB in recent years tends not to adjust fines downward, and when it does so, it's almost always because of a target’s inability to pay. Inability to pay isn’t a guarantee of a lower forfeiture, however. Sometimes, “they keep it a high number to make a point” or to use the amount as a “benchmark” for future enforcement, Currier said. EB admonishments can hurt a licensee despite lack of fine because they will be considered when the agency determines if one has a history of violations.

​​​​​​​The decision about whether to put an enforcement item on commissioners’ meeting agenda is made on a “case-by-case” basis, said Strickland. “The meetings allow us to give certain things a higher profile.” He conceded the process is “awkward” because the items must be voted on before being announced: “We recognize it’s not the right approach in every case.”