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Paul Besozzi

I have practiced in the telecommunications regulatory field, including before the FCC and state regulatory agencies, for some 35 years. This has included advising clients on all manner of compliance, rulemaking, enforcement and legislative issues relating to the Telephone Consumer Protection Act and Junk Fax Act, particularly before the FCC which develops the regulations implementing those statutes. My efforts include reviewing clients' technology and TCPA compliance plans to determine whether they meet FCC requirements and advising on strategies for raising issues with the FCC.

In February of this year, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced that she had submitted a proposal to her colleague Commissioners to regulate “ringless voicemails” to wireless phones under the Telephone Consumer Protection Act (“TCPA”). She noted that “‘[r]ingless voicemail can be annoying, invasive, and can lead to fraud like other robocalls—so it

In October of 2021, then Acting Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel circulated a proposal among her Commissioner colleagues to address the problem of illegal robotexts invading consumer privacy. At the time, she noted that the FCC has seen “a rise in scammers trying to take advantage of our trust of text messages by sending bogus robotexts that try to trick consumers to share sensitive information or click on malicious links. It’s time we take steps to confront this latest wave of fraud and identify how mobile carriers can block these automated messages before they have the opportunity to cause any harm.” 
Continue Reading FCC Adopts Rulemaking Proposal to Protect Consumer Privacy From Invasion by Unwanted Text Messages

As previously reported, the Federal Communications Commission last month released responses from the 15 major wireless carriers concerning their data retention and privacy practices, particularly with respect to location information.

In doing so, the FCC Chairwoman announced that she had asked the agency’s “Enforcement Bureau to launch a new investigation into mobile carriers’ compliance with FCC rules that require carriers to fully disclose to customers how they are using and sharing geolocation data.”

Continue Reading FCC Reportedly Issues Letters of Inquiry Seeking Further Information on Wireless Providers Data Privacy Practices

In recent years text messaging has emerged as one of the most used methods of communications among American consumers, and those entities who seek to reach out to contact them. According to the Federal Communications Commission’s (FCC) Consumer Advisory Committee (CAC), in 2020, 2.2 trillion Short Message Service (SMS) and Multimedia Messaging Service (MMS) messages were exchanged in America alone. These figures do not include messages using applications such as WhatsApp and We Chat.

This dynamic growth has also raised concern about those who would use the technology to scam and trick consumers. Last October, then Acting FCC Chair Jessica Rosenworcel, out of a concern about such potential abuses, circulated to her fellow Commissioners “a proposed rulemaking that would require mobile wireless providers to block illegal text messaging, building on the agency’s ongoing work to stop illegal and unwanted robocalls”. That proposal remains pending at the FCC.

Continue Reading FCC Consumer Advisory Committee Reports on State of Text Messaging and Makes Recommendations

Section 222 of the Communications Act and the Federal Communications Commission’s (FCC) implementing regulations impose on “every telecommunications carrier…a [general] duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers.”

This duty includes customer proprietary network information “relating to the ‘quantity, technical configuration, type, destination, location,

The Federal Communications Commission’s (FCC) Enforcement Bureau (Bureau) has continued to flex its regulatory muscles when it comes to invasion of consumer privacy via illegal telemarketing calls. The Bureau has issued eight new cease and desist letters to voice service providers in connection apparent transmission of calls many of which included “prerecorded advertising messages marketing

Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced on May 17, 2022 “new robocall investigation partnerships with the Attorneys General of Iowa, Florida, Louisiana, Maine, Massachusetts, Mississippi, Nevada, New Hampshire, and South Carolina.” In addition to these new agreements, the FCC is building on its existing robocall investigation partnership with the New York Department of

On April 27, 2022, the Federal Trade Commission (FTC) unanimously approved a Notice of Proposed Rulemaking (NPRM) (and an Advanced Notice of Proposed Rulemaking (ANPRM)) to make adjustments to the agency’s Telemarketing Sales Rule at 16 C.F.R. Part 310 (TSR). Among other things, the TSR “requires telemarketers to make specific disclosures of material information; prohibits

Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel proposed “new rules to combat international scam robocall campaigns from entering American networks through gateway providers – the on-ramps for international call traffic.”  

The FCC’s April 27, 2022, News Release described the proposal as “part of the Chairwoman’s agenda to close the avenues by which robocall scammers are

Section 13(d)(1) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) directed the the Federal Communications Commission’s (FCC) to establish a process for registering a “single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls.” The FCC is required to consider new interested consortia on an