T-Mobile and subscriber Paul Armbruster told the FCC they resolved a fight over whether T-Mobile is exempt from liability under the Telephone Consumer Protection Act because it doesn’t charge for text messages. An arbitration order sided with the company and found Armbruster can't revoke consent to receive unwanted text messages from the carrier. In January, he asked for a declaratory ruling from the FCC resolving some of the issues raised by the arbitration order. Armbuster also filed a motion for reconsideration with the arbitrator. Lawyers for T-Mobile and Armbruster asked to withdraw the January petition. “Pending a decision on the motion for reconsideration, the parties resolved their dispute, rendering the requests set forth in the Petition moot,” said a filing in docket 02-278. “The Parties hereby respectfully request that Petitioner be granted leave to withdraw the Petition.” Armbruster is a T-Mobile customer, “and at a certain point in 2015 began to receive text messages from 1-Mobile advertising products like, T-Mobile's ‘gift finder’ for father's day, and ‘T-Mobile LG tablet offer,’” said the January petition. He called T-Mobile customer support “where he was told that he cannot opt-out because ‘the FCC requires T-Mobile to send the messages,’” the petition said.

T-Mobile and subscriber Paul Armbruster told the FCC they resolved a fight over whether T-Mobile is exempt from liability under the Telephone Consumer Protection Act because it doesn’t charge for text messages. An arbitration order sided with the company and found Armbruster can't revoke consent to receive unwanted text messages from the carrier. In January, he asked for a declaratory ruling from the FCC resolving some of the issues raised by the arbitration order. Armbuster also filed a motion for reconsideration with the arbitrator. Lawyers for T-Mobile and Armbruster asked to withdraw the January petition. “Pending a decision on the motion for reconsideration, the parties resolved their dispute, rendering the requests set forth in the Petition moot,” said a filing in docket 02-278. “The Parties hereby respectfully request that Petitioner be granted leave to withdraw the Petition.” Armbruster is a T-Mobile customer, “and at a certain point in 2015 began to receive text messages from 1-Mobile advertising products like, T-Mobile's ‘gift finder’ for father's day, and ‘T-Mobile LG tablet offer,’” said the January petition. He called T-Mobile customer support “where he was told that he cannot opt-out because ‘the FCC requires T-Mobile to send the messages,’” the petition said.

T-Mobile and subscriber Paul Armbruster told the FCC they resolved a fight over whether T-Mobile is exempt from liability under the Telephone Consumer Protection Act because it doesn’t charge for text messages. An arbitration order sided with the company and found Armbruster can't revoke consent to receive unwanted text messages from the carrier. In January, he asked for a declaratory ruling from the FCC resolving some of the issues raised by the arbitration order. Armbuster also filed a motion for reconsideration with the arbitrator. Lawyers for T-Mobile and Armbruster asked to withdraw the January petition. “Pending a decision on the motion for reconsideration, the parties resolved their dispute, rendering the requests set forth in the Petition moot,” said a filing in docket 02-278. “The Parties hereby respectfully request that Petitioner be granted leave to withdraw the Petition.” Armbruster is a T-Mobile customer, “and at a certain point in 2015 began to receive text messages from 1-Mobile advertising products like, T-Mobile's ‘gift finder’ for father's day, and ‘T-Mobile LG tablet offer,’” said the January petition. He called T-Mobile customer support “where he was told that he cannot opt-out because ‘the FCC requires T-Mobile to send the messages,’” the petition said.

Expect the Senate Commerce Committee to work on “Mobile Now-plus kind of ideas,” said GOP Telecom Policy Director David Quinalty Tuesday during an FCBA event. Senate Commerce cleared the reintroduced Mobile Now spectrum bill (S-19) last month, a key initiative for Chairman John Thune, R-S.D. The committee is believed to be eyeing a spectrum hearing at the Communications Subcommittee level for early March (see 1702100051).

Expect the Senate Commerce Committee to work on “Mobile Now-plus kind of ideas,” said GOP Telecom Policy Director David Quinalty Tuesday during an FCBA event. Senate Commerce cleared the reintroduced Mobile Now spectrum bill (S-19) last month, a key initiative for Chairman John Thune, R-S.D. The committee is believed to be eyeing a spectrum hearing at the Communications Subcommittee level for early March (see 1702100051).

Both broadcast items scheduled for Thursday’s commissioners' meeting, on ATSC 3.0 and the 40-mile limit for FM translators (see 1702020060), are expected to be approved unanimously, industry and FCC officials told us. The final version of a draft order that would do away with the 40-mile limit on locating an FM translator is expected to show little change from the version released by the FCC when it went on circulation, but the draft NPRM on ATSC 3.0 is still in flux, said an official. The final NPRM is seen as likely to include some questions on issues raised by the American Cable Association and American Television Alliance (see 1702140065), but not many other substantive changes, said broadcast and pay-TV officials.

The Clayton Antitrust Act gives the FCC authority to review AT&T's planned buy of Time Warner, and it has the responsibility to do so, given the financial scope of the deal and significance of the combined company, Commissioner Mignon Clyburn said Tuesday. In an interview with Communications Daily, she expressed opposition to restoring the UHF discount and said the FCC should stay the course on making broadband more affordable and driving down inmate calling service rates.

Both broadcast items scheduled for Thursday’s commissioners' meeting, on ATSC 3.0 and the 40-mile limit for FM translators (see 1702020060), are expected to be approved unanimously, industry and FCC officials told us. The final version of a draft order that would do away with the 40-mile limit on locating an FM translator is expected to show little change from the version released by the FCC when it went on circulation, but the draft NPRM on ATSC 3.0 is still in flux, said an official. The final NPRM is seen as likely to include some questions on issues raised by the American Cable Association and American Television Alliance (see 1702140065), but not many other substantive changes, said broadcast and pay-TV officials.

The Clayton Antitrust Act gives the FCC authority to review AT&T's planned buy of Time Warner, and it has the responsibility to do so, given the financial scope of the deal and significance of the combined company, Commissioner Mignon Clyburn said Tuesday. In an interview with Communications Daily, she expressed opposition to restoring the UHF discount and said the FCC should stay the course on making broadband more affordable and driving down inmate calling service rates.

NCTA urged conditioning a telco proposal for a transition in pole-attachment rates under a potential FCC shift in price-cap carrier accounting from Part 32 rules to generally accepted accounting principles (GAAP). "While the transition period should be helpful in avoiding rate shock due to changes made during the initial accounting transition, it will not do anything to protect against subsequent accounting changes," said an NCTA filing posted Friday in docket 14-130 on a meeting with Wireline Bureau staffers. It noted its advocacy of a "temporary freeze" in telco pole rates, but said: "[A]s a safeguard the Commission should consider applying the 12-year transition to any rate increases attributable to accounting changes during the first three years a carrier is using GAAP, not just the initial transition."