FCC Enforcement Update, Episode 12: 2018 Year in Review (Part 1)

Kelley Drye Full Spectrum

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Associate Brad Currier highlight some of the major developments in FCC enforcement in 2018 and discuss potential next steps in the year ahead. Part one of this episode focuses on the big picture in 2018 and the FCC's use of non-monetary tools to encourage adoption of industry best practices. After criticizing the prior administration for policymaking through enforcement and imposing excessive fines, Chairman Pai’s FCC promised a return to “by-the-books” enforcement based on existing rules. Pai’s Enforcement Bureau has largely delivered on that promise. However, Chairman Pai did not entirely refrain from pushing the boundaries of the FCC's authority in high-profile enforcement items to advance his policy priorities. Dropping next week is part two of the 2018 Year in Review in which Steve and Brad take a deeper dive into the enforcement actions, with a focus on recent trends in how the FCC issues fines and its actions to combat robocalls.