DirecTV reiterated that common-law agency principles should govern...
DirecTV reiterated that common-law agency principles should govern the question of whether a call was made “on behalf of” a seller, it said in an ex parte filing in docket 11-50 (http://bit.ly/13YcRrh). Attempting to qualify the agency analysis by providing…
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examples of activities “that could indicate the existence of an agency relationship is highly problematic,” it said, recounting a teleconference on the Telephone Consumer Protection Act proceeding with an attorney for the DBS company and staff from FCC Commissioner Jessica Rosenworcel’s office. If the FCC feels the need to provide additional guidance, “it must ensure that such guidance cannot be viewed as outcome determinative, but rather simply reflects matters that can be considered among all of the others relevant to the agency analysis,” it said.