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R.E.A.C.H. COMPLETES CRITICAL FCC MEETINGS: The Stage Is Set for the a Telecom Changing Petition Banning Call/Text Blocking Based on Content
Thursday, October 24, 2024

So R.E.A.C.H. just wrapped up meetings with the FCC–including the bureau and the offices of each commission. (Ex parte filings here: Exparte Comment to FCC re 10082024-Starks Exparte Comment to FCC re 10152024-Simington Exparte Comment to FCC re 10162024-Chairwoman Rosenworcel Exparte Comment to FCC re 10182024-Gomez REACH Exparte Comment 10072024 – Bureau)

The meetings had three key purposes.

First, a good-will tour around the incredible new R.E.A.C.H. v.2.0 standards–which were very well received, as you’d expect.

Second, finalizing advocacy around needed edits to the new one-to-one rule to account for impact to small business. (Some edits ARE expected. Hopefully in the next 30 days.)

Third, and most importantly, R.E.A.C.H. sought to lay the groundwork for a petition–to be filed shortly after the election–to curb abusive call/text blocking and mislabeling by the carriers.

The state of call deliverability in this country is a disaster. Once the envy of the world, America’s telecom infrastructure is crumbling as the CTIA, carriers, and aggregators act to arbitrarily block legal calls– many times based on content. And since these actions are encouraged by the FCC (and since wireless carriers are spectrum licensees) the entire framework of default call blocking constitutes an illegal licensing scheme under clear First Amendment doctrine.

Perhaps the FCC has a plan for businesses and consumers to abandon the old public switch telephone network in favor of OTT services and nobody has told the Czar. But so long as telephones are still phones I will fight to make sure people can make (and receive) phone calls consistent with the law and the Communications Act.

And that is just not happening today. Millions (billions?) of legal calls and texts are blocked and labeled each and every day. And sure these are each micro-torts under the common law– interference and defamation by the barrel full– but litigating these claims is just not cost effective for anybody.

We need a solution from the FCC– a clear rule banning the use of content in call blocking or texting. As well as a reformation of carrier safeharbor rules to clarify that LEGAL CALLS AND TEXTS CANNOT BE BLOCKED OR MISLABELED.

In fact, we may have the Commission re-consider the entire paradigm of default call blocking and request a return to “common carrier” rules that served our country to long and so well.

Plus we’ll have the Commission examine TCR and the insane anti-trust violations that are happening around campaign registration for 10DLC access. All of that is going away. Totally illegal in my view. (Trust scores? Come on. That’s toast. Can’t believe anyone thought that was going to hold up.)

In the meantime if you have stories of improper call or text blocking/labeling (and I know you do!) reach out and share them with me. The Commission will be very interested in CONSUMERS not receiving information they needed/wanted/requested due to TERRIBLE call and text blocking.

Buckle your seatbelts. This is going to change everything and help get things back to normal–even as we keep stopping unwanted robocalls!

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