Posted by on November 08, 2021 03:08 PM

The Regulatory Mix – Monday, November 8, 2021

Damages Under TCPA Not Insurable Under Colorado Law: 10th Circuit, Broadband Grants Awarded in Vermont

Damages Under TCPA Not Insurable Under Colorado Law: 10th Circuit 

The 10th Circuit Court of Appeals affirmed a lower court’s decision denying insurance coverage for violations of the Telephone Consumer Protection Act (“TCPA”). DISH Network, LLC (“DISH”) submitted a claim for defense and indemnity to its insurer, National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”). National Union denied the claim and filed suit in Colorado federal court seeking a declaration that it had no duty to defend or indemnify DISH in the underlying TCPA lawsuit. The district court granted summary judgment to National Union, relying on the 10th Circuit’s conclusion in ACE American Insurance Co. v. DISH Network, LLC, 883 F.3d 881 (10th Cir. 2018) that statutory damages under the TCPA are a penalty and therefore uninsurable as a matter of Colorado public policy. 

Broadband Grants Awarded in Vermont

Governor Scott announced the awarding of $9.9 Million in grants to four Communication Union Districts (CUDs) representing 64 towns and villages to accelerate broadband buildout across Vermont. The grants are intended for preconstruction costs related to broadband projects. Eligible costs include expenses for feasibility studies, business planning, pole data surveys, engineering and design, and make-ready work associated with the construction of broadband networks, including consultant, legal, and administrative expenses. The Vermont Community Broadband Board will issue grants for construction costs (materials, equipment, labor) early next year. “Connectivity is essential to our everyday lives, the way we do business, and how we stay connected with family and friends. Making investments in this critical infrastructure will allow us to grow in all 14 counties and help us retain and attract more workers, and I’m excited this work is moving forward,” said Governor Scott. 

The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.

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