FCC Activities

The Federal Communications Commission was busy during the last month of 2016, starting with the release of its sixth Measuring Broadband America report on the nationwide test of fixed broadband services that examines actual versus advertised speeds. The report furthers the Commission’s efforts to provide greater transparency about network performance to help consumers make more informed choices about their Internet Service Provider.

The FCC also amended its rules to allow phone companies to replace support for the outdated text telephone communications technology known as TTY with support for real-time text to provide reliable telephone communications for Americans who are deaf, hard of hearing, deaf-blind, or who have a speech disability. As the nation’s communications networks migrate to IP-based environments, real-time text technology will allow Americans with disabilities to use the same wireless communications devices as their friends, relatives and colleagues, and more seamlessly integrate into tomorrow’s communications networks.  Under FCC rules, phone companies and manufacturers are required to support accessible text communications services, which for years have taken the form of TTY services. Under the new rules, carriers and manufacturers will be allowed to use the more advanced and interoperable real-time text technology to meet this obligation. 

The Commission was also busy handing out punishment to wrongdoers, including announcing plans to fine international long distance reseller NECC Telecom almost four hundred thousand dollars for overcharging universal service fees. The Commission proposed a $392,930 fine against the company for apparently charging excessive and unlawful universal service fees to its customers.  Phone companies are required to pay into a fund to support various universal service programs and may assess fees on customers to offset that cost. Carriers are prohibited from charging customers more in fees than they pay into the Universal Service Fund (USF).

The FCC also announced that Total Call Mobile will pay $30 million to resolve fraud investigations by the FCC’s Enforcement Bureau and the United States Attorney’s Office for the Southern District of New York into allegations that the company enrolled tens of thousands of duplicate and ineligible consumers into the Lifeline program.  As a condition of the settlement, Total Call admits to engaging in “fraudulent practices” and will permanently lose its authorizations to participate in the Lifeline program anywhere in the country.

And finally, the FCC reached a settlement with Birch Communications that resolves an Enforcement Bureau investigation into whether the company engaged in deceptive and abusive marketing practices. Specifically, the investigation looked into whether Birch “slammed” consumers by switching their preferred phone carriers without authorization, “crammed” unauthorized charges on its customers’ bills and engaged in deceptive marketing.  Under the terms of the settlement, Birch will pay a $4.2 million penalty, refund at least $1.9 million to consumers who filed complaints about unauthorized carrier changes or unauthorized charges within the past two years and adopt a compliance plan.