The Federal Institute of Telecommunications recently approved the final programme for the functional separation of Mexico's fixed incumbent companies as a consequence of the asymmetric regulation imposed on the América Movil Group (AMX). However, AMX has informed the Mexican Stock Exchange that it will challenge the approval of the programme and there has been some scepticism as to the results and practical consequences of the separation.
The Federal Institute of Telecommunications recently announced the auction of the 2.5 GHz band. The auction's purpose is to assign the commercial use and exploitation of 120 MHz of the 2,500 to 2,690 MHz band for the provision of wireless services. Four companies and one consortium are interested in formally participating in the auction process, which is expected to be completed by November 2018.
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.
The National Communications Commission (NCC) released its 2017 Taiwan Communications Market Report in April 2018. The report disclosed the progress being made in preparation for the 5G spectrum auction, during which the NCC will identify that the 28 gigahertz (GHz) band, as well as the 3.4GHz and 3.6GHz bands, should be available for auction in 2020, aiming for large-scale 5G application.
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.
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.
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.
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.
The US Court of Appeals for the Fourth Circuit has affirmed summary judgment in favour of two Telephone Consumer Protection Act defendants that the panel found were not vicariously liable for calls made by telemarketers promoting their products. The court found that the defendants had not ratified the allegedly illegal activity cited in the plaintiffs' complaint and could not be held liable under the statute. The decision offers a roadmap for parties seeking to avoid vicarious liability under the act.
The New York attorney general's false advertising suit challenging Time Warner Cable's (TWC's) speed claims is not pre-empted by Federal Communications Commission regulations, a New York federal judge has ruled. In a complaint filed in February 2017, Attorney General Eric T Schneiderman claimed that TWC and Spectrum had deliberately and systematically defrauded New York consumers by promising services that they knew they could not deliver.
An Illinois federal district judge handed Yahoo! a rare defence victory when it decertified the class of plaintiffs in a Telephone Consumer Protection Act lawsuit involving text messages sent from a user messaging platform based on evidence obtained from a phone carrier during the class member identification process. This case serves as a lesson to engage in precertification discovery, particularly if certification seems likely.
In a recent ruling, the Fourth Circuit has followed its sister circuits in holding that district courts must follow the Federal Communications Commission's (FCC's) interpretations of the Telephone Consumer Protection Act (TCPA). The Hobbs Act dictates that courts must apply the 2006 FCC rule in interpreting the TCPA and that rule, in turn, tells courts what constitutes an 'advertisement' within the meaning of the statute.
The US Court of Appeals for the DC Circuit has released a hotly anticipated decision which will affect a wide range of industries, including financial services, retail and healthcare. The court set aside the Federal Communications Commission's overly expansive definition of 'automatic telephone dialling system' and its ruling on reassigned telephone numbers, but declined to set aside its rulings on revocation of consent and the scope of the exigent healthcare exemption applicable to wireless calls.