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
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.

NCC promotes regulatory reform of telecoms liberalisation
  • Taiwan
  • February 08 2017

The National Communications Commission (NCC) has taken a proactive approach in responding to queries regarding the proposed regulatory reform on existing functional regulations and recently officially released its legislative proposal on the existing Telecommunications Act and a conceptual new law on digital communications. The NCC has invited public comments before the draft laws are further presented to the Executive Yuan for review.


Contributed by Manatt Phelps & Phillips LLP
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.

Dish Network's Telephone Consumer Protection Act nightmare continues
  • USA
  • January 03 2018

A $61 million judgment in a Telephone Consumer Protection Act class action will stand after a federal court judge denied Dish Network's motion to reduce or set aside the trebled damages award. The plaintiff had originally filed suit against Dish Network, alleging that he received dozens of calls on its behalf despite the fact that his number was registered on the national Do Not Call Registry. Although Dish filed a motion to set aside the verdict based on res judicata, the court was not persuaded.

Florida federal court affirms FTC's available remedies
  • USA
  • December 06 2017

In a recent case involving a purported time-share scam, a Florida federal court ruled that disgorgement and refunds are remedies available to the Federal Trade Commission (FTC). The defendants filed a motion for summary judgment, arguing that the equitable relief sought by the FTC was unavailable pursuant to the statutes pled in the complaint. However, the court found no shortage of case law recognising the availability of the equitable relief sought by the FTC.

Human intervention means program not ATDS, Illinois court rules
  • USA
  • November 29 2017

A recent Illinois federal court decision adds to a growing body of law stating that a click-to-call dialling system using human intervention is not an automatic telephone dialling system (ATDS) for Telephone Consumer Protection Act purposes. While uncertainty abounds as to what is an ATDS after the Federal Communication Commission's July 2015 ruling, this decision can help to provide some measure of comfort to companies using click-to-call dialling systems.

Eight-figure settlements continue for Telephone Consumer Protection Act disputes
  • USA
  • November 15 2017

A US district judge recently granted final approval to a $14.5 million deal involving American Eagle Outfitters to end multiple lawsuits accusing the national retailer of sending thousands of spam texts to more than 600,000 consumers, finding that a statutory violation alone was sufficient to establish a concrete injury. The case demonstrates that multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act class actions.

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