FCC Builds Partnership with States to Combat Robocall and Spoofing Scams

On April 7, FCC Chairwoman Jessica Rosenworcel announced that a majority of states have joined into a partnership with the Commission to investigate unwanted robocalls and caller ID spoofing scams. 

It is widely known that most of these consumer-harming scams originate from overseas, but the partnership will hopefully enhance investigations into illegal robocalls and spoofing – and help to significantly reduce them. According to the announcement, other states have been invited to participate in the partnership to investigate and combat bad robocalls and spoofing. Aside from this public sector initiative, my blog post from March 2 highlighted private sector efforts of the Industry Traceback Group (ITG) to protect consumers from these hazards. 

Rules Implementing California's Privacy Law Now in Effect

In an August 14 press release, California Attorney General Xavier Becerra announced that, at long last, final rules implementing the California Consumer Privacy Act (CCPA) had been approved, with some "unexpected" revisions, by the Office of Administrative Law (OAL). They became effective immediately.

As I wrote previously on the Free State Foundation blog, at one point it seemed likely, at another conceivable, that administrative hurdles would delay those rules until October 1.

January 1 was the effective date of the CCPA, but the AG was barred from enforcing its provisions until July 1. Press reports indicate that his office began notifying businesses of non-compliance on day one.

The CCPA affords businesses receiving such notices 30 days to cure alleged violations before formal enforcement activity, whether a confidential investigation or a lawsuit, can commence. Dozens of such investigations reportedly are underway. To my knowledge, however, to date no suits have been filed.

According to Stacey Schesser, Supervising Deputy AG, that first round of notices was driven by complaints received from consumers, targeted online businesses operating across a range of industries, and focused on those that allegedly either (a) had not made available mandatory disclosures, or (b) had failed to add a "Do Not Sell My Personal Information" link to their websites.

Previously, the Attorney General had indicated his intention to prioritize violations impacting minors and other vulnerable groups.

Now that the implementing rules are in effect, we should expect the AG's office to begin enforcing them, as well.

In an April 30 Perspectives from FSF Scholars, I noted that a group of over 60 affected businesses in March wrote to AG Becerra requesting that he forbear from enforcement until next January in light of the serious economic fallout from the COVID-19 public health crisis. He declined, and in the press release announcing OAL's approval of the rules, argued instead that "[a]s we face a pandemic of historic proportions, it is particularly critical to be mindful of personal data security."

State AGs Should End the T-Mobile/Sprint Lawsuit and Make Way for 5G

In late November, Texas and Nevada became the two latest states to withdraw from the antitrust lawsuit challenging the T-Mobile/Sprint merger. The case is thin on the merits, and the FCC's order approving the merger recognizes the benefits that the combined T-Mobile/Sprint's nationwide 5G network will provide consumers. Now that several states have joined the U.S. Department of Justice's proposed settlement regarding T-Mobile/Sprint, the remaining State Attorneys General should withdraw their lawsuit. 

The U.S. is in a tight race to 5G with China, and every opportunity for advancing 5G services at home should be pursued. Analysts such as Accenture Strategies project that 5G networks will provide average speeds at least ten times faster than 4G LTE networks and provide peak speeds perhaps 100 times faster. Advanced 5G networks will enable smart-city applications, as well as precision agriculture, industrial, and other uses. Importantly, the T-Mobile/Sprint merger will fast-track nationwide 5G coverage. In its November 2019 order approving T-Mobile/Sprint, the FCC found that the merger "will enable deployment of a more robust, nationwide 5G network than either standalone company could deploy on its own." 

Due to the consumer welfare benefits of more rapid and widespread 5G rollout, the T-Mobile/Sprint merger is well positioned to succeed in court against the remaining State AGs. Although the State AGs' take the position that T-Mobile/Sprint merger isn't necessary for 5G deployment in the U.S., that position amounts to little more than state government lawyers' second-guessing of the investment-backed business judgment of wireless carriers in a highly competitive market. As the FCC's order approving the merger recognized: "Sprint has not widely deployed its 2.5 GHz spectrum assets and our technical analysis predicts that on a standalone basis it would fail to cover nearly half of the country with 5G services on its 2.5 GHz spectrum, even assuming it has the financial ability to reach its previously planned deployment level." The Free State Foundation's reply comments in the merger proceeding as well as a May 2019 blog by Free State Foundation President Randolph May identify Sprint's significant financial debt as well as its streak of annual revenue declines dating back to 2013. 

Moreover, the State AGs' amended complaint allegation that the merger would substantially lessen competition rests on a largely static and unduly narrow picture of today's dynamic mobile market. It downplays the increased competition that the New T-Mobile will pose to current market leaders AT&T and Verizon. Additionally, the State AGs' complaint downplays competition from regional and local wireless providers, as well as competition from entrants Charter and Comcast. As of the third quarter of 2019, those two hybrid/MVNO providers served nearly 800,000 and nearly 1.8 million subscribers, respectively, with continued subscriber increases widely expected. DISH Network also has plans in the works to launch a nationwide mobile wireless network. And DISH's acquisition of Sprint's Boost prepaid brand makes it even more difficult for the State AG's to show that the merger would harm the prepaid market segment. 

Texas and Nevada are not the only states that have withdrawn from the State AGs' antitrust lawsuit against T-Mobile/Sprint. Colorado and Mississippi withdrew in October 2019. Ten states have instead joined with the Justice Department in a proposed settlement with T-Mobile and Sprint.

Now it's time for the remaining 14 State AGs should end their lawsuit and make way for 5G.

State Attorneys General and Voice Providers Reach Accord to Address Robocalls

As widely reported, all 50 state attorneys general and 12 major voice service providers have signed an agreement to combat illegal and unwanted robocalls and caller ID spoofing. The agreement provides for state AG cooperation with voice service providers that implement eight "anti-robocall principles." Those principles are: Offer Free Call Blocking and Labeling; Implement STIR/SHAKEN; Analyze and Monitor Network Traffic; Investigate Suspicious Calls and Calling Patterns; Confirm the Identity of Commercial Customers; Require Traceback Cooperation in Contracts; Cooperate in Traceback Investigations; and Communicate with State Attorneys General.