Telecoms updates


Revised postal and telecoms surveillance legislation
  • Switzerland
  • November 29 2017

The Federal Council recently announced that the revised Postal and Telecommunications Surveillance Act and its implementing ordinances will enter into force in March 2018. The revised act clarifies, strengthens and broadens the powers of the criminal prosecution authorities when it comes to communications surveillance. More specifically, it seeks to prevent situations where criminal suspects could avoid surveillance by using new technologies.


Contributed by Shay & Partners
Next big thing – 5G and narrowband Internet of Things
  • Taiwan
  • February 14 2018

Chunghwa Telecom recently announced that it will make a 5G pre-commercial system available in Taipei in 2020. The National Communications Commission has welcomed the move. It has also stated that its legislative proposal on the Telecommunications Act will take a proactive approach in responding to the significant need for flexible frequency sharing and network use.

NCC warns of WiFi security breach
  • Taiwan
  • November 01 2017

The National Communications Commission (NCC) recently issued a warning regarding the key reinstallation attack and urged network operators and equipment providers to fix this unprecedented flaw in WiFi protection that has left almost all home routers at risk of being hacked. The NCC advised subscribers to avoid sending confidential or sensitive personal data via WiFi connections and to use 4G mobile internet access instead.

Third round of Taiwan's 4G spectrum auction announced
  • Taiwan
  • August 23 2017

The National Communications Commission recently announced its timetable for the third round of Taiwan's 4G spectrum auction, during which potential bidders can submit applications and qualification for review. The bid winners will take mobile broadband universal services to rural areas with a guaranteed access speed of 100 megabytes per second.

NCC announces big leap in 4G mobile broadband service
  • Taiwan
  • May 31 2017

The National Communications Commission (NCC) recently issued a public alert to encourage mobile users of 2G and 3G services to transfer to a 4G mobile broadband service. The NCC has been coordinating the process with existing 4G mobile broadband service operators, which have been simultaneously operating 2G and 3G services to achieve a seamless transfer from 2G and 3G to 4G by June 30 2017.

NCC considers spectrum and numbers for Internet of Things
  • Taiwan
  • March 29 2017

The National Communications Commission (NCC) recently announced that to develop the Internet of Things (IoT), telecommunications grade IoT numbers (with the 040 prefix) have become available and the 920 megahertz (MHz) to 925MHz band is planned as a non-telecommunications grade IoT band. According to the newly amended frequency assignment table, the NCC will gradually prescribe the additional technical specifications for low-power wide area network IoT equipment.


Contributed by Manatt Phelps & Phillips LLP
Too soon to dismiss Telephone Consumer Protection Act action, court decides
  • USA
  • March 21 2018

A Connecticut judge has denied a motion to dismiss a putative Telephone Consumer Protection Act class action, ruling that whether the faxes at issue were unsolicited remains in dispute. The decision illustrates the difficulty of having a Telephone Consumer Protection Act action dismissed at the pleading stage, even if the defence has evidence of potential consent or an established business relationship.

Table for two: restaurant's text did not violate TCPA
  • USA
  • February 21 2018

A text message related to a transaction initiated by the plaintiff could not violate the Telephone Consumer Protection Act, a California federal court held in dismissing a putative class action. The court was not persuaded by the plaintiff's argument that the inclusion of a link to view dinner specials transformed the restaurant's text message from a simple confirmation of a dinner reservation into an advertisement. However, if the text had gone beyond a simple link, the decision could have gone another way.

Court rejects plaintiff's efforts to expand discovery beyond fax
  • USA
  • February 14 2018

A Pennsylvania federal court recently refused to allow a plaintiff to rummage around in the defendant's records of all fax communications that it had sent within the past four years, noting that discovery cannot be used as a way of potentially putting together a separate and unrelated class action for other Telephone Consumer Protection Act violations. The court may have allowed the discovery had there been evidence of other faxes sent in the relevant period.

Potential impacts on telehealth from net neutrality repeal
  • USA
  • February 07 2018

The Federal Communications Commission (FCC) recently passed the Restoring Internet Freedom Order (RIFO), repealing the FCC's 2015 net neutrality rules and shifting the responsibility for regulating the conduct of internet service providers to the Federal Trade Commission. While the RIFO's effect on video streaming seems to be at the top of most consumers' minds, telehealth experts are concerned that the decision could raise the costs of providing telehealth services.

Net neutrality: from rules to enforcement
  • USA
  • January 17 2018

The recent controversial Restoring Internet Freedom Order has essentially changed net neutrality from a regime based on rules to one based on enforcement. The Federal Trade Commission's role will be to protect against potential consumer and competitor harm and state attorney generals are expected to be just as involved in enforcement efforts. With the order's structure now based on transparency, the onus will shift to enforcers to ensure that internet service providers deliver what they promise.

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