FEMA and FCC Conduct Nationwide Emergency Alert System Test

WASHINGTON – FEMA, in coordination with the Federal Communications Commission, will conduct a nationwide test of the Emergency Alert System (EAS) on Wednesday, August 7, 2019.

The nationwide test will be sent to radio and television stations beginning at 2:20 p.m. EDT.

The test is being conducted through FEMA’s Integrated Public Alert and Warning System (IPAWS). This year, the test message will originate from designated radio stations, known as Primary Entry Point stations, which participate in a component of IPAWS called the National Public Warning System.

All other radio and television stations, cable, wireline service providers, and direct broadcast satellite service providers should subsequently receive and broadcast the test message.

This year’s test will evaluate the readiness of the national alerting capability in the absence of internet connectivity. The test will be approximately one minute long, have a limited impact on the public with only minor interruption of radio and television programs, and will be similar to regular monthly EAS tests. Both the audio message and text crawl should be accessible to people with disabilities.

The test will not include a message on cell phones via Wireless Emergency Alerts.

FCC proposes $5.3 million fine on Tele Circuit Network Corporation

WASHINGTON — The Federal Communications Commission today proposed a $5,323,322 fine against Tele Circuit Network Corporation. The Duluth, Georgia-based phone company apparently switched consumers from their preferred carrier to Tele Circuit without their permission, misled consumers into believing that telemarketing calls were from the consumer’s current carrier, provided fabricated verification recordings of consumer consent to the FCC, added unauthorized charges to bills, and failed to fully respond to a Commission inquiry.

The FCC’s investigation into Tele Circuit was prompted by consumer complaints to the Commission, state regulators, and the Better Business Bureau. A large percentage of the complaints came from low-income Americans and senior citizens or people filing complaints on behalf of their elderly or infirm relatives. Many Americans, especially senior citizens, low-income consumers, and citizens in rural areas, rely on local and long-distance calling services from landline phones to provide a critical link to safety services and their communities.

The FCC alleges that Tele Circuit’s telemarketers misrepresented their identities by stating that they were calling on behalf of the consumer’s current service provider. The telemarketers also apparently discussed a fictitious government program for low-income individuals and senior citizens as a way to solicit consumer consent.

Following such calls, the company switched consumers’ local and long-distance service providers—often called slamming—and, in some cases, added unauthorized charges to the consumer’s bill—often called cramming. Tele Circuit apparently disconnected local and long-distance service in some cases after not receiving payment for the unauthorized charges—with Tele Circuit allegedly refusing to reinstate service until the crammed charges were paid in full. This dangerous practice left vulnerable consumers without telephone service for extended periods of time.

In response to FCC requests, the company provided the agency with recordings that purported to verify consumer consent. The Commission followed up with the consumers supposedly on these recordings and was told that the recordings were fake or that the consumers did not have any such communications with Tele Circuit or its third-party verifier. Many of the third-party verification recordings provided to the Commission also failed to adequately confirm that the consumer wanted to change carriers and understood what was being asked. The company also apparently failed to fully respond to formal inquiries from the Commission as required.

Expo Showcases Solutions to Stop Illegal Robocalls

By Patrick Webre | Chief, Consumer and Governmental Affairs Bureau

One thing we hear regularly at the FCC is, “What can be done about robocalls?” And each day, we discuss ways that we can help reduce this scourge. One of these ways is the work we do with the Federal Trade Commission, the FTC.

In March we teamed up with the FTC for a Joint Policy Forum on robocalls, which included expert panels addressing challenges facing consumers, industry and regulators, along with solutions and tools for consumers (see video). The technology solutions included those still in development, along with many call-blocking resources that are available to consumers today.

Some of these tools and solutions will be on display at our next event for consumers: the FCC-FTC Stop Illegal Robocalls Expo. Exhibitors will include major telecom service providers as well as app developers and other innovators focused on blocking illegal robocalls, texts, and caller ID spoofing. The event is open to the public and is set for 10 a.m. to noon EDT on April 23, in the Pepco Edison Place Gallery at 702 8th St NW, Washington, D.C.

The Expo is designed to raise consumer awareness of call-blocking technologies and to provide a venue for technologists and service providers to showcase solutions for filtering unwanted calls, which not only annoy, but oftentimes seek to defraud, consumers.

Meanwhile, the FCC continues to develop new policy solutions, creating effective new rules and working with service providers to help them stem the tide of illegal robocalls and texts. We are also taking strong enforcement actions against illegal robocallers. We partner in these efforts with the FTC, sharing information to go after bad actors.

In addition, we are engaged with consumers directly, and we encourage consumers to file complaints with us about illegal robocalls they receive. When you file a complaint with the FCC, you may be alerting us to new scams that are just surfacing. Your complaint may also help us track the bad actors who use phone networks and technology to spoof numbers and commit fraud and identity theft.

For more information on tools and resources for consumers to block robocalls, as well as tips for how to deal with spoofed caller ID calls, visit fcc.gov/robocalls.

Workforce Flexibility act may give temporary DOI employees competitive edge

500px-US-DeptOfTheInterior-Seal.svgWASHINGTON — The Land Management Workforce Flexibility act, H.R. 1531, has been signed into law. It is now Public Law No: 114-47. The bill was submitted by Representative Gerald Connolly [D-VA-11].

The Workforce Flexibility act makes an employee of specified land management agencies in the Department of the Interior serving under a time-limited, including a temporary, appointment in the competitive service eligible to compete for a permanent appointment in any land management agency or any other agency if:
(1) the original appointment was competitive,
(2) the employee has served under one or more time-limited appointments totaling more than 24 months without a break of two or more years, and
(3) the employee’s performance has been at an acceptable level.

It also provides that an individual appointed under the provisions of this Act becomes a career-conditional employee and acquires competitive status upon appointment.

The agency determining the eligibility of time-limited employees are required to waive age requirements for these employees unless age is essential to the performance of the duties of the position.

The law defines a former employee of a land management agency who served under a time-limited appointment and who otherwise meets applicable requirements to be a time-limited employee for purposes of this Act if:
(1) such employee applies for a position covered by this Act within two years after the most recent date of separation, and
(2) such employee’s most recent separation was for reasons other than misconduct or performance.

Persons interested in career positions in the Department of the Interior should check with Human Resources for more information.

Bill to allow certain temporary government employees to be eligible to compete for permanent positions in Senate.

WASHINGTON — H.R.1531, the Land Management Workforce Flexibility Act, would allow employees serving in the Department of the Interior on a lime-limited basis eligible to compete for permanent positions within the agency. The bill passed the House on July 7 and moved to the Senate on the 8th.

The House bill was submitted to the Committee on Homeland Security and Governmental Affairs without amendments or reports. It was placed on the Senate legislative calendar yesterday.

The measure would allow employees in certain positions of the Department of the Interior to compete for permanent positions if they have served in temporary competitive service in one or more time-limited appointment for more than 24-months without a break of two, or more, years and the employee performance has been acceptable.

Temporary employees who were separated not more than two years who otherwise meets the eligibility of this measure would be allowed to compete for permanent positions if their separation was not for misconduct or poor performance.

The bill would require the Office of Personnel Management (OPM) or other examining agency, in determining the eligibility of a time-limited employee to be examined for or appointed in the competitive service. The person would becomes a career-conditional employee and acquire competitive status upon appointment.

The bill would waive age requirements for appointees under this measure unless the age requirement is essential to the performance of the duties of a particular position.

Keeping our Promises to Veterans Act of 2015 moves to Subcommittee on Health

300tom-emmerWASHINGTON — The Keeping our Promises to Veterans Act of 2015, H.R. 1532, was introduced by Tom Emmer [R-MN-6] on March 23 and has moved through the House Committee on Veteran’s Affairs to the Subcommittee on Health yesterday. The bill would expand the ability of veterans to get access under the Veterans Access, Choice and Accountability Act passed last year.

The Veterans Access Act (38 U.S.C. 1701, PDF) allows veterans to seek outside VA assistance if they live a certain distance from a VA facility. The act did not account for those who might not have or have difficulty in transportation.

This brief bill would reduce the 40-mile radius requirement to 20-miles and require access to the closest medical facility that could treat the need of the veteran. The bill reduces the wait time goal from 30-days to 15. It also requires VA to set up prompt payment system to non-VA facilities which provide care to veterans.

H.R. 1603 submitted by Andy Barr [R-KY-6] would improve treatment for victims of military sexual assault under the Veterans Access Act.

Another bill in Congress, H.R. 1302 would require the Secretary of Veterans Affairs to ensure that VA Form 9 appeals are resolved within one year of submission. The bill was introduced by Ohio Representative Robert Latta [R-OH-5].

Representative Ron Kind [D-WI-3] has submitted H.R. 1628, the Veterans Pain Management Improvement Act which would require VA facilities to set up a Pain Management Board for veteran victims of chronic pain whether out- or in-patient.

The board would provide treatment recommendations for patients with complex clinical pain who are being treated at a medical facility of the Department located in the Veterans Integrated Service Network covered by the Board.

The membership in the board would require a certan number of medical pain specialists, clinical patients or the family members of clinical patients.

Congressman introduced Life at Conception Act

Alex X. Mooney, West Virginia

Alex X. Mooney, West Virginia

WASHINGTON — Rep. Mooney, Alexander X. [R-WV-2] has introduced H.R. 816—the Life at Conception act. The act would use the 14th Amendment to guarantee the right to life at all stages of life. The bill would also prevent prosecution of a woman for the death of her unborn child.

The bill defines a human person or human being as:

…every member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.

The bill provides:

However, nothing in this Act shall be construed to authorize the prosecution of any woman for the death of her unborn child.

The bill is broadly defined to include cloning or any other method of fertilization which results in an embryo.

The bill, which was introduced February 9, has 82 co-sponsors and was referred to the Subcommittee on the Constitution and Civil Justice on March 16. Only one Democrat has co-sponsored the bill.

Secret hearings in case of Chandra Levy slaying

chandra-levyWASHINGTON (AP) — A judge has been holding secret hearings in the case of the man convicted in the 2001 killing of Chandra Levy, the latest twist in a high-profile murder that went unsolved for years and captivated the public because of the intern’s romantic relationship with a California congressman.

The meetings, held sporadically behind closed doors at the courthouse over the last several weeks, raise questions about what comes next in a criminal case that appeared resolved by the 2010 conviction of Ingmar Guandique. The illegal immigrant from El Salvador is now serving a 60-year prison sentence in Levy’s death, but the hearings could signal a problem with the prosecution of the case.

Authorities acknowledged they had no DNA evidence or witnesses linking Guandique to the crime, building their prosecution instead around a jailhouse informant who said Guandique had confessed behind bars that he was responsible for Levy’s death. They also said the attack on Levy fit a pattern of assaults by Guandique on other female joggers in the same location where she went missing and during the same timeframe.

Guandique, who was already imprisoned for those attacks when he was accused in Levy’s death in 2009, professed innocence at his sentencing hearing. His lawyers said police and prosecutors made him a scapegoat for a botched investigation.

Read more at USA Today