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The Telecom Digest for Mon, 26 Jul 2021
Volume 40 : Issue 207 : "text" format

table of contents
CWA Workers Rights Update
Following Duguid, South Carolina District Court Limits Reach Of TCPA's Autodialer Definition
Lumen's Failure to Invest is Worsening the Digital Divide

Message-ID: <20210724023141.31DB178D@telecom2018.csail.mit.edu> Date: Sat, 24 Jul 2021 02:31:41 +0000 (UTC) From: Moderator <telecomdigestsubmissions@remove-this.telecom-digest.org> Subject: CWA Workers Rights Update NLRB General Counsel Yesterday, the U.S. Senate confirmed Jennifer Abruzzo as the new National Labor Relations Board (NLRB) General Counsel. Abruzzo, who was nominated by President Joe Biden for the post, served as the Special Counsel for Strategic Initiatives at CWA before her confirmation, and has many years of experience working for the NLRB in various roles, including Acting General Counsel and Deputy General Counsel. https://cwa-union.org/news/workers-rights-update
Message-ID: <20210724011236.E2D8378D@telecom2018.csail.mit.edu> Date: Sat, 24 Jul 2021 01:12:36 +0000 (UTC) From: Moderator <telecomdigestsubmissions@remove-this.telecom-digest.org> Subject: Following Duguid, South Carolina District Court Limits Reach Of TCPA's Autodialer Definition by Caroline E. Oks (New Jersey) In April 2021, the U.S. Supreme Court resolved a circuit split interpreting the Telephone Consumer Protection Act's (TCPA) definition of "automatic telephone dialing system" or (ATDS). In Facebook, Inc. v. Duguid, the Court held that the clause "using a random or sequential number generator" in the statutory definition of ATDS, 47 U.S.C. § 227(a)(1), modifies both "store" and "produce," thereby "specifying how the equipment must either 'store' or 'produce' telephone numbers." Accordingly, "a necessary feature of an autodialer under § 227(a)(1)(A) is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called." Duguid thus reversed the Ninth Circuit's interpretation that the clause "using a random or sequential number generator" modifies only "produce," such that a device could be an autodialer if it has the capacity to store and automatically dial numbers, even if the numbers are not generated by a random or sequential number generator. Under Duguid, equipment that makes calls to "targeted...numbers linked to specific accounts" are excluded from liability under the TCPA. https://www.mondaq.com/unitedstates/telecoms-mobile-cable-communications/1093226/following-duguid-south-carolina-district-court-limits-reach-of-tcpa39s-autodialer-definition?email_access=on
Message-ID: <20210724023813.0BF9778D@telecom2018.csail.mit.edu> Date: Sat, 24 Jul 2021 02:38:12 +0000 (UTC) From: Moderator <telecomdigestsubmissions@remove-this.telecom-digest.org> Subject: Lumen's Failure to Invest is Worsening the Digital Divide A new report from CWA and the National Digital Inclusion Alliance (NDIA) shows that Lumen Technologies (formerly CenturyLink) is worsening the digital divide in the U.S. by blatantly failing to invest in essential fiber-optic buildout in lower-income, rural, and Tribal communities. Lumen has cut more than 4,500 CWA-represented jobs since 2017, which has contributed to the problem. https://cwa-union.org/news/lumens-failure-invest-worsening-digital-divide

End of telecom Digest Mon, 26 Jul 2021

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