Compliance with Telecommunications Law

Anita Taff-Rice's Telecommunications Law Legal Blogs

Licensed for 21 years

Attorney in Walnut Creek, CA

Anita Taff-Rice

Free initial consultation, Fixed hourly rates, Fixed fees available

Serving Walnut Creek, CA

  • Serving Walnut Creek, CA

  • Free initial consultation, Fixed hourly rates, Fixed fees available

Founder at firm Law Offices of Anita Taff-Rice

Serving Walnut Creek, CA

Free initial consultation, Fixed hourly rates, Fixed fees available

Technology innovators create thousands of new ideas and applications each year, but regulation often lags behind.  When projects fail to fit neatly into regulatory "boxes" projects can be delayed by months or years. The opportunities for providing the plethora of telecommunications services are only limited by how quickly one can navigate the convergence of technology and the law. telecommunication contracts

Some of the laws regulating telecommunications include:

Telecommunications Act of 1996

This act was the first overhaul in 62 years to the previous telecommunications law.  According to the FCC, “The goal of this new law is to let anyone enter any communications business—to let any communications business compete in any market against any other.”  The act enacted by Congress, was written “to promote competition and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies.” telecommunication contracts

This law governs video service including cable programming, data service, broadcasting, and telephone service and the infrastructure that allows transmission. The act is comprehensive in nature, but regulates items such as:

  • Development of competitive markets (Title I) including eligible telecommunications carriers, exempt telecommunications companies, and nondiscrimination principle
  • Broadcast services (Title II) including terms of licenses, renewal procedures (Sec. 204), direct broadcast satellite service, automated ship distress and safety systems, and restrictions on over-the-air reception devices
  • Cable Services (Title III) including the cable act reform and cable service provided by telephone companies
  • Video programming services provided by telephone companies (Title III, Part V)
  • Miscellaneous provisions under Title VII include:
  •      o Prevention of unfair billing practices for information or services provided over toll-free telephone calls
  •      o Privacy of customer information
  •      o Pole attachments
  •      o Facilities siting
  •      o Radio frequency emission standards
  •      o Mobile services direct access to long distance carriers
  •      o Advanced telecommunications incentives

The Telecommunications Act monitors all equipment, carrier, and services regarding the transmission or provision of information throughout the United States.  A complete version of the Telecommunications Act of 1996 can be found at the FCC website.  These laws are enforced by federal and state agencies to ensure fair practices.

The Electronic Communications Privacy Act (ECPA)

This federal statute prohibits third parties from intercepting or disclosing
wire, oral, or electronic communications (Section 2511) without authorization.  The ECPA prohibits interception on any device that “transmits a signal through, a wire, cable, or other like connection used in wire communication or transmits communications by radio.”  This legal protection applies to e-mail, cellular telephones, pagers, computer transmissions and communications provided by private communication carriers.  It does however, allow employers to monitor communications by employees using the employer’s equipment.

Section 255 of the Telecommunications Act of 1996

This law was established and is governed by the Federal Communications Commission.   It “requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to persons with disabilities, if readily achievable.” 

Converging technology and the law

Given the complexity of telecom laws and regulations, it is critical for telecommunications carriers and service providers to be represented by a telecommunications law firm whose attorneys understand both technology and the law.   Only by understanding both can a lawyer determine the most effective strategy for navigating, and if necessary, litigating the multiple legal and regulatory issues that can help or hinder your business.  Contact iCommLaw or call 888-895-1417 to schedule a consultation to help you understand your legal requirements.

Anita Taff-Rice1547 Palos Verdes, Suite 298, Walnut Creek, California, 94597, 94597
(415) 699-7885

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