Message-ID: <20230309213141.GA1720219@telecomdigest.us> Date: Thu, 9 Mar 2023 16:31:41 -0500 From: Bill Horne <malQRMassimilation@gmail.com> Subject: Post-Facebook V. Duguid Litigation Roundup By Christine M. Reilly (Los Angeles) , Alexandra N. Krasovec (Los Angeles), John W. McGuinness (Los Angeles), A. Paul Heeringa (Chicago), Cody A. DeCamp (Los Angeles), Madelaine A. Newcomb (Chicago) and Tina P. Lapsia (Washington, DC) As part of Manatt's continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court's newly clarified definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), we report on some notable decisions since our last roundup. While the results remain somewhat mixed, a growing number of federal courts (if not a majority) are adopting Facebook and holding that use of a random or sequential number generator is a necessary prerequisite to an ATDS finding. At the district court level, defendants have generally continued to fare well under the new ATDS standard both at the pleadings and the summary judgment stage. These courts are also increasing rejecting what some have called the "Footnote 7" argument—referring to footnote 7 in the Facebook decision, where the Supreme Court suggested in dicta that randomly or sequentially selecting numbers from a predetermined list might qualify as an ATDS—with judges focusing on the generation, not the selection, of numbers. https://www.mondaq.com/article/news/1290104?q=1803232&n=722&tp=2&tlk=9&lk=24 -- (Please remove QRM for direct replies)

Message-ID: <tug8po24ドルidf3ドル@dont-email.me> Date: 10 Mar 2023 16:51:52 -0500 From: Bill Horne <malQRMassimilation@gmail.com> Subject: 5G Fixed-Wireless Access Not a Fiscal Panacea, PwC Finds By Dan Meyer Mobile telecommunication operators looking to better monetize their 5G network investments need to tread lightly into the fixed-wireless access (FWA) space as that upfront fiscal boost could come with a big bill on the back end, according to a recent report from PwC. The PwC report starts ominously with results of a survey that found 46% of global telecommunication CEOs believe their company will not be economically viable in 10 years if they continue down their current operating path. https://www.sdxcentral.com/articles/interview/5g-fixed-wireless-access-not-a-fiscal-panacea-pwc-finds/2023/03/ -- (Please remove QRM for direct replies)

Message-ID: <20230310225913.GA1729569@telecomdigest.us> Date: 2023年3月10日 17:59:13 -0500 From: Bill Horne <malQRMassimilation@gmail.com> Subject: AT&T plans to replac copper with fiber during Wisconsin construction AT&T plans to retire copper facilities in response to a Wisconsin Department of Transportation (WisDOT) road construction project. WisDOT has requested removal or relocation of facilities in the affected distribution area(s) (DA) that are in the way of the project. AT&T intends to construct Gigabit Passive Optical Network/Fiber-to-the- Premises (GPON/FTTP) facilities, and to migrate over customers currently served on the affected copper facilities. https://docs.fcc.gov/public/attachments/DOC-391384A1.pdf -- (Please remove QRM for direct replies)