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Comment Deadlines Set For Proposed CALEA Electronic Filing System Implementation – Comments Due July 22, 2022

June 28, 2022 – The comment deadlines have been announced for the FCC’s Public Safety and Homeland Security (PSHS) Bureau’s recent Public Notice on transitioning to an electronic CALEA filing system. Comments are due on or before July 22, 2022. Reply comments are due August 8, 2022. In the June 1, 2022 Public Notice, the PSHS Bureau proposed that System Security and Integrity Policies and Procedures (SSI Plans) be filed confidentially and securely online, instead of via paper filings; updates to existing SSI Plans be filed electronically; new SSI Plans be filed electronically; and the new electronic filing requirements become effective six months after the electronic CALEA filing system is fully activated. Interested parties may file comments in PS Docket No. 22-217, Communications Assistance for Law Enforcement Act Electronic Filing System.

Nebraska PSC Sets Final Details For Broadband Funding Reverse Auction

June 28, 2022 – The Nebraska Public Service Commission (PSC) has released an order establishing final details for a broadband funding reverse auction to be held on August 8, 2022. The total budget for the auction is $13,092,254. Applications to participate are due on or before July 15, 2022. In their pre-auction application, all applicants must demonstrate technical, operational, and financial capability. The PSC will release a list of bidders that have qualified for the auction on July 26, 2022. Participants will bid on census block groups, which will be further subdivided if there is significant overlap of census block groups across two or more of exchanges included in the auction. There will be two bidding tiers: (1) the baseline tier will require winning bidders to deploy broadband service at speeds of 100 Mbps downstream and 100 upstream to all eligible locations; (2) the gigabit tier will require winning bidders to deploy broadband service at speeds of 1 Gbps downstream and 500 Mbps upstream to all eligible locations. Both tiers require service latency at or below 100 milliseconds. Winning bidders will be awarded support for a term of two years. Additional information on the auction and application requirements is available online from the Nebraska PSC.

Wisconsin Broadband Expansion Grant Program Awards $124.96 Million For 71 Projects

June 24, 2022 – The Wisconsin Public Service Commission has awarded $124,967,392 in funding from Wisconsin’s Broadband Expansion Grant Program. Funding was awarded for 71 projects to expand broadband internet access to more than 82,912 residential and 4566 business locations that are currently unserved or underserved in 45 Wisconsin counties. Grant awards recipients will provide $185,780,074 in matching funds.

FCC Announces Production Version Of The Broadband Serviceable Location Fabric Is Now Available

June 23, 2022 – The FCC’s Broadband Data Task Force has announced that the production version of the Broadband Serviceable Location Fabric that will be used for the FCC’s upcoming Broadband Data Collection (BDC) is now available for broadband service providers and governmental entities. The Broadband Serviceable Location Fabric is a common dataset of all locations in the U.S. where fixed broadband internet access service can be installed, and is the foundation for the data collected and maps created by the BDC. There will be a process to challenge the Fabric, but the timing and procedures will be announced in a future FCC notice. Fixed broadband service providers that accessed the preliminary Fabric may access the production Fabric data files for their relevant geographic areas via a link that will be emailed to them by the Fabric contractor, CostQuest. Those Fixed broadband service providers that did not access the preliminary Fabric will have to contact CostQuest via email at nbfsupport@costquest.com to request access to the production Fabric. The email must include the name and email of the provider’s contact person, the provider’s name, and the provider’s FCC Registration Number (FRN). CostQuest will provide instructions on accessing the production Fabric, following broadband providers’ execution of a license agreement with CostQuest. Additional information about accessing the production version of the Fabric is available from the FCC’s Public Notice.

Broadband Providers May Now Access The Broadband Data Collection System To Enter Identifying Entity Information

June 23, 2022 – The FCC’s Broadband Data Task Force has announced that fixed and mobile broadband providers and other filers of broadband deployment data may obtain early access to certain portions of the Broadband Data Collection (BDC) system for the purpose of entering identifying entity information in advance of the June 30, 2022 opening of the BDC filing window. In addition to logging in and registering their entities in the system, BDC filers will be able to become familiar with how certain parts of the system will work. The BDC system is accessible at https://bdc.fcc.gov/. Additional information on how to log in, navigate the BDC system, and submit data is available from the detailed BDC System User Guide and related video tutorials, which are accessible online at the BDC Help Center.

FCC Releases Tentative Agenda For July 14 Open Meeting

June 23, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s next open meeting on Thursday, July 14, 2022:

Enhanced Competition Incentive Program for Wireless Radio Services – The Commission will consider a Report and Order and Second Further Notice of Proposed Rulemaking that would incentivize beneficial transactions for small carriers, Tribal nations, and rural interests. (WT Docket No. 19-38)

Updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage – The Commission will consider a Further Notice of Proposed Rulemaking to modify its access stimulation rules to address ongoing harmful arbitrage of the Commission’s intercarrier compensation regime that imposes costs ultimately borne by interexchange carriers and their customers. (WC Docket No. 18-155)

Supporting Survivors of Domestic and Sexual Violence – The Commission will consider a Notice of Inquiry seeking comment on ways in which it can assist survivors of domestic violence, sexual violence, dating violence, intimate partner violence, human trafficking, or stalking through the Commission’s Lifeline and Affordable Connectivity Programs.  The Notice also seeks comment on how the Commission might protect survivors’ communications records with support organizations. (WC Docket Nos. 11-42, 21-450, 22-238)

Updating Resources Used to Determine Local TV Markets – The Commission will consider a Notice of Proposed Rulemaking that would begin the process of updating its rules to use the most up-to-date market information for determining a television station’s local market for carriage purposes. (MB Docket No. 22-239)

Removing Obsolete Analog-Era Provisions from Part 74 Rules – The Commission will consider an Order and Sixth Notice of Proposed Rulemaking that would amend its Part 74 rules for low-power television and television translators to remove obsolete rules for analog TV operations. (MB Docket No. 03-185)

Enforcement Bureau Action – The Commission will consider an enforcement action.

LTD Broadband Withdraws Petition For Reconsideration Of FCC Order Stripping Company Of RDOF Support In California

June 21, 2022 – LTD Broadband LLC has filed to withdraw its Petition for Partial Reconsideration of a July 2021 Wireline Competition Bureau Order denying LTD’s petition for  waiver of the Rural Digital Opportunity Fund (RDOF) auction’s eligible telecommunications carrier (ETC) requirement. LTD Broadband sought waiver of the requirement to be designated as an ETC in areas it won RDOF support prior to June 7, 2021 for eight states where it was a winning bidder. The Bureau’s July 2021 Order denied the waiver request for the states of California, Kansas, and Oklahoma, which resulted in LTD being declared to be in default of its RDOF winning bids there. With respect to the state of California, LTD Broadband was deemed to be in default of the $187,506,059.70 in total RDOF support it won to serve 76,856 locations.

LTD’s Petition for Partial Reconsideration sought reconsideration of the Order, but only with respect to ETC designation in the state of California. However, LTD Broadband’s recent filing requests that the petition be withdrawn because “it has become apparent that LTD will not be able to obtain [ETC] designation for the required census blocks within a reasonable timeframe to allow it to meet its RDOF obligations.” In a May 2022 decision, the California Public Utilities Commission (CPUC) denied LTD’s request to rehear the CPUC order which rejected “LTD’s Application for a Certificate of Public Convenience and Necessity and request for ETC designation in California.” In its FCC withdrawal request, LTD notes that it “continues to believe that this [CPUC] decision was premised on errors of both fact and law,” but nevertheless it “has determined that the broad discretion afforded to the CPUC by the California courts makes it unlikely that it could obtain reversal of that decision.”

Rural Digital Opportunity Fund: FCC Authorizes RDOF Support For 513 Winning Bids (10th RDOF Authorization)

June 14, 2022 – The FCC’s Wireline Competition Bureau has authorized Rural Digital Opportunity Fund (RDOF) Phase I auction support for 513 winning bids. This is the tenth Public Notice authorizing RDOF support. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. Attachment B contains a list of RDOF defaulted bids – winning bids associated with winning RDOF bidders or their assignees that have notified the FCC that they do not intend to pursue all or some of their winning bids in a state.

The authorizations were granted after the Bureau reviewed long-form application information for each authorized winning bidder, including letters of credit and Bankruptcy Code opinion letters, and concluded the submissions were acceptable. Consequently, the Bureau has directed and authorized the Universal Service Administrative Company to obligate and disburse Universal Service Fund support to each winning bidder. Support will be disbursed in 120 monthly payments, beginning at the end of June 2022.

The first service obligation that must be met by the RDOF support recipients authorized by the Public Notice is the deployment of broadband service to 40% of locations in a state by December 31, 2025. The broadband service must meet the standards for which support was received (i.e., speed levels and latency). After that, these RDOF support recipients must achieve the following broadband service deployment obligations: 60% of locations in a state by December 31, 2026; 80% of locations in a state by December 31, 2027; and 100% of locations in a state by December 31, 2028.

Consumers’ Research & Cause Based Commerce Object To Proposed USF Contribution Factor For 3Q 2022

June 14, 2022 – Consumers’ Research, Cause Based Commerce, Inc., and 11 individuals have submitted comments and objections to the FCC’s proposed universal service fund (USF) contribution factor for the third quarter of 2022. The group generally argues the USF violates the nondelegation doctrine and is unconstitutional. They advance eight different arguments as to why they believe the USF is otherwise illegal.  Ultimately, the group wants the FCC to reject the proposed USF contribution factor and instead set it at 0 percent.

FCC Adds Florida To List Of States That Regulate Pole Attachments

June 13, 2022 – The FCC has announced that the state of Florida has certified “that it has issued and made effective rules and regulations implementing its regulatory authority over pole attachments in the state, including a specific methodology for such regulation that has been made publicly available in the state.” Additionally, the FCC has updated the list of all states that have certified that they regulate the rates, terms, and conditions for pole attachments in their state. These states also “have certified that they have issued and made effective rules and regulations implementing their regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state.” The FCC’s Public Notice, which replaces the list released in 2020, contains the following list of states as having certified that they regulate pole attachments: Alaska; Arkansas; California; Connecticut; Delaware; District of Columbia; Florida; Idaho; Illinois; Kentucky; Louisiana; Maine; Massachusetts; Michigan; New Hampshire; New Jersey; New York; Ohio; Oregon; Pennsylvania; Utah; Vermont; Washington; and West Virginia.

Auction 108 (2.5 GHz Band) Applications Status: 39 Complete & 54 Incomplete

June 9, 2022 – The FCC’s Wireless Telecommunications Bureau has announced the status of 93 short-form applications received for Auction 108. A total of 39 applications have been deemed complete, while 54 are incomplete. Attachment A to the Public Notice lists the Auction 108 short-form applications that have been accepted for filing and designated as complete. Attachment B to the Public Notice lists the short-form applications that have been accepted for filing but were found to be incomplete or otherwise deficient. These applicants have until 6:00 p.m. ET on Thursday, June 23, 2022 to correct the defects in their applications. Upfront payments for Auction 108 are due before 6:00 p.m. ET on Thursday, June 23, 2022. Auction 108 will offer flexible‐use geographic overlay licenses in the 2.5 GHz band. Bidding in Auction 108 is scheduled to begin on July 29, 2022.

Third Quarter 2022 USF Contribution Factor: 33 Percent

June 9, 2022 – The Federal Communications Commission’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the third quarter of 2022 will be will be 33 percent. This is a 9.2 increase from the 23.8 percent contribution factor that was used for the second quarter of 2022.

For the third quarter of 2022, the Universal Service Administrative Company (USAC) projects $8.285056 billion in total interstate and international end-user telecommunications revenues will be collected. (The 2Q 2022 total was $8.751403 billion, and the 1Q 2022 total was $9.235846 billion.) USAC estimates that $2.036310 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the third quarter of 2022. (The 2Q 2022 demand was $1.664020 billion, and the 1Q 2022 demand was $1.84091 billion.)

Total third quarter 2022 demand includes projected program support, administrative expenses, and true-ups and adjustments, which breaks out among the USF support mechanisms as follows:

• E-Rate Schools & Libraries:  $606.99 million

• Rural Health Care:  $159.25 million

• High-Cost:  $992.51 million

• Lifeline:  $269.22 million

• Connected Care:  $8.34 million

If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

CISA Issues Cybersecurity Advisory To Telecommunications Companies On China State-Sponsored Threats

June 7, 2022 – The Cybersecurity and Infrastructure Security Agency (CISA) has issued a joint Cybersecurity Advisory warning to major telecommunications companies concerning China state-sponsored cyber actors’ exploitation of U.S. network providers and devices (Alert AA22-158A). The joint Cybersecurity Advisory was coauthored by CISA, the National Security Agency (NSA), and the FBI, and builds on previous threat reporting. The following is a summary of the joint Cybersecurity Advisory:

This joint Cybersecurity Advisory describes the ways in which People’s Republic of China (PRC) state-sponsored cyber actors continue to exploit publicly known vulnerabilities in order to establish a broad network of compromised infrastructure. These actors use the network to exploit a wide variety of targets worldwide, including public and private sector organizations. The advisory details the targeting and compromise of major telecommunications companies and network service providers and the top vulnerabilities—primarily Common Vulnerabilities and Exposures (CVEs)—associated with network devices routinely exploited by the cyber actors since 2020.

In more specific terms, the advisory states that PRC state-sponsored cyber actors are exploiting vulnerabilities to compromise unpatched network devices, such as small/home office routers and network attached storage devices, and commandeering the devices to route command and control traffic and act as midpoints to conduct network intrusions on other entities. The advisory contains a list of common vulnerabilities and exposures to network devices most frequently exploited by PRC state-sponsored cyber actors since 2020. CISA urges telecommunications organizations and network service providers to mitigate the vulnerabilities listed in the advisory “by applying the available patches to their systems, replacing end-of-life infrastructure, and implementing a centralized patch management program.”

Treasury Department Announces First Capital Projects Fund Awards – Over $500 Million To Four States For High-Speed Broadband Networks

June 7, 2022 – The U.S. Department of the Treasury has announced that the first awards under the Capital Projects Fund have been made to the states of Louisiana, New Hampshire, Virginia, and West Virginia. The awards amount to over $500 million in total, and will be used to increase access to affordable, reliable high-speed internet service for more than 200,000 homes and businesses.

Created by the American Rescue Plan Act of 2021, the Capital Projects Fund allocates $10 billion to the Treasury Department to provide payments to states, territories, and Tribal governments “to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID-19).” A key priority for the program is investment in high-quality broadband infrastructure and other connectivity infrastructure, devices, and equipment. The state plans approved in the first group will support broadband infrastructure designed to deliver reliable internet service that meets or exceeds symmetrical download and upload speeds of 100 Mbps. Like those in the first group, many states will distribute Capital Projects Fund money through their own broadband grant funding programs. The Treasury Department has released the following information on the first group of awards:

• Louisiana, approved for $176.7 million (representing 100% of its available CPF funding), will provide funding to connect nearly 88,500 homes and businesses currently lacking access to internet at speeds of 25/3 Mbps through the state’s the new Granting Unserved Municipalities Broadband Opportunities (GUMBO) program, a multi-phase, broadband infrastructure competitive grant program.

• New Hampshire, approved for an initial award of $50 million (representing 41% of its available CPF funding), estimates it will serve 15,000 homes and businesses, in rural and remote areas, which represents approximately 50% of locations in the state that lack access to high-speed internet.

• Virginia, approved for $219.8 million (representing 100% of its available CPF funding), will use funds to expand last-mile broadband access to an estimated 76,873 locations, approximately 28% of locations the state estimates lack access to high-quality broadband service.

• West Virginia, approved for $136.3 million (representing 100% of its available CPF funding), estimates that projects receiving funding from this CPF award will serve 20,000 locations, or approximately 10% of locations in the state that lack access to high-speed internet.

American Broadband Must Pay $16.6 Million For Violating Lifeline Program Rules

June 3, 2022 – The FCC’s Enforcement Bureau has entered into a Consent Decree with American Broadband & Telecommunications Company and its owner Jeffrey S. Ansted, which terminates the Bureau’s investigation into whether American Broadband violated the FCC’s Lifeline Program rules from January 1, 2014, through December 31, 2016.

In an October 2018 Notice of Apparent Liability for Forfeiture and Order (NAL), the Enforcement Bureau determined that American Broadband, in its provision of Lifeline services, apparently violated the FCC’s Lifeline rules by: (i) seeking Lifeline support for ineligible and duplicate Lifeline accounts; (ii) seeking Lifeline support for deceased individuals; (iii) filing improper Form 497s; (iv) failing to de-enroll ineligible subscribers; (v) failing to adequately screen, train, or supervise the third-party sales agents the company used to enroll Lifeline subscribers; and (vi) failing to maintain proper procedures to ensure compliance with the FCC’s rules.

Under the Consent Decree, American Broadband will pay a total settlement amount of $16,618,235.44, which includes: (1) a repayment amount of $15,063,935.45 already made to the Universal Service Fund (USF); (2) an additional repayment amount of $1,487,249.99 to the USF in connection with the Settlement Agreement with the U.S. Department of Justice; and (3) a payment of $67,050 by Ansted to the U.S. Treasury. Also, American Broadband must “implement enhanced compliance measures in connection with its participation in the Lifeline Program.”

Senate Subcommittee On Communications To Hold Hearing On NTIA Oversight & NTIA’s Role In Infrastructure Act Implementation

June 3, 2022 – The U.S. Senate Commerce Committee’s Subcommittee on Communications, Media, and Broadband will convene a hearing titled “Oversight of the National Telecommunications and Information Administration” on Thursday, June 9, 2022, at 10 am ET. During the hearing, members of the Subcommittee will examine, among other things, NTIA’s “implementation of the Infrastructure Investment and Jobs Act and its role in federal spectrum management.” Alan Davidson, NTIA Administrator, is listed as the sole witness. The hearing will be streamed live online at www.commerce.senate.gov.

FCC Releases Information On CALEA Electronic Filing System

June 1, 2022 – The FCC’s Public Safety and Homeland Security (PSHS) Bureau has released a Public Notice that provides information about the upcoming transition to a Communications Assistance for Law Enforcement Act (CALEA) Electronic Filing System (CEFS). When fully activated later this year, the CEFS will allow communications providers to file their System Security and Integrity Policies and Procedures (SSI Plans) confidentially and securely online, eliminating the need for burdensome and costly paper filing. At this time, communications providers can log in with FCC Registration Numbers (FRNs) and FCC User Registrations to become familiar with the CEFS filing interface. The CEFS is available online at https://www.fcc.gov/cefs.

Additionally, in the Public Notice, the PSHS Bureau proposes to make electronic filing of SSI Plans mandatory six months after the CEFS is fully activated. Interested parties may file comments on this proposal or other administrative issues associated with improving the CALEA filing process in PS Docket No. 22-217, Communications Assistance for Law Enforcement Act Electronic Filing System. Comments are due on or before 30 days after the Public Notice is published in the Federal Register. Reply comments are due 45 Days after publication.

USAC Files 3rd Quarter 2022 USF Contribution Base Data: $8,285,056,307

June 1, 2022 – The Universal Service Administrative Company (USAC) has filed projected universal service fund (USF) contribution base data which will be used to determine the USF contribution factor used in the third quarter of calendar year 2022. The contribution base data was calculated using projected revenue amounts for July to September 2022 reported by telecommunications service providers on their FCC Forms 499-Q which were filed in May 2022.

USAC has determined that the total projected collected interstate and international end-user telecommunications revenue base for the third quarter of 2022 is $8,285,056,307. This is the seventh straight quarter in which the total USF contribution base has declined. To provide a historical comparison, below are total USF contribution base amounts for the past 10 quarters:

• Second Quarter 2022 –  $8,751,403,396

• First Quarter 2022 –  $9,235,845,776

• Fourth Quarter 2021 –  $9,517,295,012

• Third Quarter 2021 –  $9,665,944,070

• Second Quarter 2021 –  $9,905,669,690

• First Quarter 2021 –  $10,068,712,553

• Fourth Quarter 2020 –  $10,428,377,862

• Third Quarter 2020 –  $10,219,123,520

• Second Quarter 2020 –  $10,865,131,593

• First Quarter 2020 –  $11,129,976,956

For the third quarter of 2022, USAC received revenue data from 3,193 contributors who filed the May 2022 Form 499-Q. USAC estimated revenue data for 237 service providers that had previously submitted Form 499-Q information to USAC, but failed to file in May. After the Federal Communications Commission (FCC) approves the total USF contribution base, the quarterly funding requirements for USF support mechanisms, and projected USF administrative costs, the FCC will establish a USF contribution factor for the third quarter of 2022. The new contribution factor will be announced by an FCC Public Notice. USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor.

FCC Chairwoman Rosenworcel Updates Congress On Secure And Trusted Communications Networks Reimbursement Program Application Review

June 1, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has sent a letter to various members of Congress which provides an update on the FCC’s progress with processing Secure and Trusted Communications Networks Reimbursement Program applications. Chairwoman Rosenworcel provided the following key details on the status of the FCC’s work:

The Commission’s application review process is well underway. Our review to date has concluded that many of the applications the agency has received are materially deficient. This is typically because they lack an adequate cost estimate or sufficient supporting materials. The Act requires the Commission to provide applicants an opportunity to cure these deficiencies and expressly provides for the extension of the June 15, 2022, application review deadline to allow for a cure period. Given the number of deficient applications, we will not be able to issue funding allocations or determine true demand until the end of the statutory cure period. We expect to complete our review within a matter of weeks once cured applications are filed with us, and we will update you on our progress and expected completion date no later than June 15.

The FCC received a total of 181 applications from 96 applicants seeking $5.6 billion in gross
funding. However, so far, this amount has been reduced to $5.3 billion as a result of the FCC’s review. Nevertheless, Chairwoman Rosenworcel stated that the amount demanded for reimbursement will far exceed the program’s total available funding:

While we anticipate there will be further reduction, the funds appropriated will remain less than the demand from applicants. This anticipated shortfall largely reflects three developments: first, that the Act, as amended, expanded the range of entities eligible to participate in the Reimbursement Program; second, that the preliminary cost estimates did not consider the full range of costs that were ultimately reimbursable under the law; and third, that providers have reported increased costs since the program was funded due to supply chain constraints, inflation, and the need to complete their projects within the Act’s one-year deadline.

Final Agenda Set For FCC’s June 8th Open Meeting

June 1, 2022 – The Federal Communications Commission has released the final agenda for its next open meeting scheduled for 10:30 a.m. on Wednesday, June 8, 2022. The meeting will be streamed live at: www.fcc.gov/live.

Facilitating Access to Spectrum for Offshore Uses and Operations – The Commission will consider a Notice of Inquiry seeking comment on whether changes in the Commission’s rules and policies are needed to facilitate the development of commercial and private wireless networks offshore. (WT Docket No. 22-204)

Improving Wireless 911 Call Routing – The Commission will consider a Public Notice to examine recent technological improvements to and deployments of location-based routing for wireless 911 calls, as well as steps the Commission could take to help reduce misrouted 911 calls. (PS Docket No. 18-64)

Preserving Local Radio Programming – The Commission will consider a Notice of Proposed Rulemaking regarding a proposal to allow certain channel 6 low power television stations to continue to provide FM radio service as ancillary or supplementary service under specified conditions. (MB Docket No. 03-185)

Affordable Connectivity Program Transparency Data Collection – The Commission will consider a Notice of Proposed Rulemaking seeking comment on a statutorily mandated annual data collection relating to the price and subscription rates of internet service offerings received by households enrolled in the Affordable Connectivity Program from participating providers. (WC Docket No. 21-450).

Enforcement Bureau Action – The Commission will consider an enforcement action.

May 2022

Supreme Court Halts Enforcement Of Texas Social Media Law

May 31, 2022 – The Supreme Court of the United States has granted an application filed by NetChoice, LLC and the Computer & Communications Industry Association (CCIA) to vacate a decision by the U.S. Court of Appeals for the Fifth Circuit which removed an injunction preventing enforcement of Texas’ new social media law. The Court’s shadow docket decision effectively reinstates the preliminary injunction pending disposition of the constitutional and other legal challenges to the law. It’s worth mentioning that this may not be the last time the Texas social media law finds itself before the Supreme Court.

The Texas law, HB20, regulates social media platforms with at least 50 million active U.S. users in a calendar month that enable users to communicate with other users for the primary purpose of posting information, comments, messages, or images. It prohibits such social media platforms from “censoring” users based on viewpoint; requires platforms to disclose certain information about their business practices, including an acceptable use policy and a biannual transparency report; and requires platforms to establish procedures by which users can appeal a platform’s decision to remove content posted by the user.

NetChoice and CCIA challenged HB20 in the U.S. District Court for the Western District of Texas, arguing the law is facially unconstitutional under the First Amendment, and seeking an injunction. The District Court granted a preliminarily injunction prohibiting enforcement of the law, which was appealed by the Texas Attorney General to the Fifth Circuit Court of Appeals. After a full briefing of the issues and oral argument, the Fifth Circuit issued a one-sentence order lifting the preliminary injunction. NetChoice and CCIA then filed an emergency application with the U.S. Supreme Court.

The Supreme Court’s 5-4 decision puts the injunction back in place while the Fifth Circuit resolves the appeal of the underlying legal issues. Justice Kagan dissented. Justices Thomas and Gorsuch joined Justice Alito’s dissenting opinion. In general, Justice Alito did not agree that NetChoice and CCIA have proven the first requirement for obtaining a temporary injunction – a “substantial likelihood of success on the merits.” He describes the Texas social media law, and social media platforms’ business models as “novel,” leading to the conclusion that “[i]t is not at all obvious how our existing precedents, which predate the age of the internet, should apply to large social media companies.” Justice Alito suggested he found Texas’s arguments that the law is permissible under existing case law to be credible, or rather at least credible enough to support a finding that the legal showing needed for a preliminary injunction has not been met. Nevertheless, Justice Alito wrote that he has “not formed a definitive view on the novel legal questions that arise from Texas’s decision to address the ‘changing social and economic’ conditions it perceives.”

FCC Launches New Broadband Data Collection Help Center

May 31, 2022 – The FCC has announced the launch of an online help center and other new resources and video tutorials to assist broadband internet access service providers with preparation of their Broadband Data Collection (BDC) filings. The BDC help center is available at https://help.bdc.fcc.gov/hc/en-us. The new video tutorials explain the information and supporting data that filers must submit to the new BDC system. The help center tools and video tutorials can be accessed from the FCC’s BDC webpage at www.fcc.gov/BroadbandData.

The FCC will begin accepting broadband availability data filed pursuant to the FCC’s new BDC rules and procedures on June 30, 2022. All facilities-based providers of fixed and mobile broadband Internet access service must submit broadband availability data as of June 30, 2022, to the BDC online filing system no later than September 1, 2022.

Arkansas Electric Cooperatives Form Fiber-Based Diamond State Networks

May 26, 2022 – Thirteen electric cooperatives in Arkansas have announced the formation of Diamond State Networks, “a new wholesale broadband provider uniting the fiber-optic networks of member cooperatives throughout the state.” The 13 electric coops partnering to create the fiber network are: OzarksGo; Clay County Connect; Farmers Electric Cooperative; Petit Jean Fiber; Enlightened by Woodruff Electric; NEXT Powered by NAEC; Wave Rural Connect; Arkansas Fiber Network (AFN); Four States Fiber Internet; empower, Delivered by Craighead Electric; MCEC Fiber; South Central Connect; and Connect2First. The network will cover more than 64 percent of Arkansas’ land mass, consist of more than 50,000 miles of fiber lines, and provide access to 1.25 million rural Arkansans. According to the Press Release, the “13 electric cooperatives have invested, or are planning to invest, more than $1.66 billion in broadband communication infrastructure, exclusively in fiber-optic networks.”

Rural Digital Opportunity Fund: FCC Ready To Authorize 88 RDOF Winning Bids

May 25, 2022 – The FCC’s Rural Broadband Auctions Task Force, Wireline Competition Bureau, and Office of Economics and Analytics have announced they are ready to authorize support for 88 Rural Digital Opportunity Fund (RDOF) Phase I auction winning bids.

This is the tenth set of RDOF winning bids that are ready to be authorized. A list showing each winning bid ready to be authorized, the corresponding long-form applicant, each winning bid’s total amount of 10-year support, and other details is available as Attachment A to the Public Notice.

Also, Attachment B is a list of defaulted bids in Georgia (Trailwave Fiber Inc.), Iowa (Farmers Mutual Cooperative Telephone Company), Oklahoma (Terral Telephone Company), Tennessee (Newport Utilities), Texas (Valor Telecommunications of Texas, LLC dba Winds.), and West Virginia (GigaBeam Networks, LLC).

FCC staff reviewed the long-form applications associated with the winning bids, and determined they met all legal, financial, and technical requirements. To be authorized to receive the listed support amounts, however, each RDOF winning bidder must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters for each state where they have winning bids that are ready to be authorized prior to 6:00 p.m. ET on June 9, 2022. The FCC will continue to review RDOF long-form applications on a rolling basis, and will announce other approvals of long-forms in future public notices. Additional information on broadband providers set to receive RDOF Phase I auction support and RDOF funding amounts by state are available on the FCC’s RDOF auction website: https://www.fcc.gov/auction/904.

Meta Director Of Engineering Says 10-20 Millisecond Latency Needed For The Metaverse, More IXPs Needed In U.S.

May 25, 2022 – Dan Rampton, director of engineering for Meta Platforms Inc., the parent company of Facebook, Instagram, and WhatsApp, recently stated “that 10-20 millisecond (ms) latency will be necessary to support immersive metaverse experiences and that the telecom industry will need to build a significant amount of new digital infrastructure in order to make such experiences a reality.” The statement was made during Mr. Rampton’s keynote presentation at the Wireless Infrastructure Association's Connect (X) trade show, and reported by LightReading. In order to achieve the low latency needed for the metaverse, Mr. Rampton stated that an additional 30-40 Internet exchange points (IXPs) will need to be established in the U.S. An IXP is defined as “a physical location through which Internet infrastructure companies such as Internet Service Providers (ISPs) and CDNs connect with each other.”

Mergers & Acquisitions: Nex-Tech Acquiring Moundridge Telecom Companies

May 25, 2022 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by Emmental, Inc., Moundridge Telephone Company, Moundridge Telecom, Inc., Mid-Kansas Cable Services, Inc. (the Moundridge Companies), and Rural Telephone Service Company, Inc. dba Nex-Tech, requesting approval for the transfer of control of the Moundridge Companies to Nex-Tech. Comments are due June 8, 2022. Reply comments are due June 15, 2022.

Emmental is a holding company that provides telecommunications services through its direct and
indirect wholly-owned subsidiaries, all Kansas corporations. Moundridge Telephone Company, founded in 1904, provides local exchange service and exchange access service as an incumbent local exchange carrier in the Moundridge and Goessel exchanges, which services approximately 2,100 access lines in portions of McPherson, Harvey, and Marion Counties in central Kansas. It wholly owns Moundridge Telecom, Inc., a long-distance toll service reseller providing telecommunications services in Moundridge’s local exchange service area. Mid-Kansas Cable Services, Inc. holds a certificate of convenience and authority from the Kansas Corporation Commission to provide competitive local exchange carrier services. Emmental is also the ultimate parent of two other entities that Nex-Tech “intends to acquire as part of the transaction,” but which are not FCC-regulated entities and hold no FCC authorizations or licenses.

Rural Telephone Service Company, Inc. dba Nex-Tech was organized as a cooperative in 1951, and is headquartered in Lenora, Kansas. It provides voice and broadband services, as well as cloud, managed T.T., security and surveillance, hardware and software, and backup services, itself and through subsidiaries in 39 exchanges. It also owns a 42.75% stake in Nex-Tech Wireless, LLC, a commercial mobile radio service provider.

The companies announced the transaction in April 2022. Pursuant to a stock purchase agreement, Nex-Tech will acquire all of the outstanding common stock of Emmental, making Emmental a direct, wholly-owned subsidiary of Nex-Tech, and the other companies indirect, wholly-owned subsidiaries of Next-Tech. Financial terms were not disclosed. The deal is expected to close in July 2022, subject to state and federal regulatory approval.

Blue Casa Requests Waiver Of Lifeline Biennial Audit Requirement

May 23, 2022 – The FCC’s Wireline Competition Bureau is seeking comment on a petition filed by Blue Casa Telephone, LLC (Blue Casa), which requests a waiver of the requirement for Lifeline Eligible Telecommunications Carriers (ETCs) to undergo a biennial audit. Comments are due May 31, 2022. Reply comments are due June 7, 2022. Pursuant to Section 54.420 of the FCC’s rules, Lifeline providers identified by the Universal Service Administrative Company (USAC) must obtain a third-party biennial audit of their compliance with the FCC’s Lifeline rules. Blue Casa was selected to undergo an audit for the 2019 calendar year, an undertaking that it estimates would cost it $20,000. Blue Casa argues that a waiver would allow it to avoid this undue hardship and inequity. In support of the request, Blue Casa maintains that its Lifeline service is already subject to stringent regulation and supervision by the California Public Utilities Commission (CPUC) and the CPUC’s third-party Lifeline program administrator.

Kansas Announces Broadband Acceleration Grant Awards

May 20, 2022 – Kansas Governor Laura Kelly has announced that 11 companies have received a total of $5 million in funding under Kansas’ Broadband Acceleration Grant program. The 11 companies contributed $5 million in matching funds, resulting in a total investment of $10 million to bring high-speed broadband service to 10 rural Kansas counties. Kansas’ Broadband Acceleration Grant program is a ten-year, $85 million program supporting the deployment of broadband service to Kansas communities. It is administered by the Kansas Office of Broadband Development, and funded through the Kansas Department of Transportation’s Eisenhower Legacy Transportation Program. In its two years of existence, the program has resulted in the investment of more than $70 million in broadband infrastructure. Details on the 11 awards are below:

34 States & Territories Submit Letters Of Intent To Participate In Broadband Equity, Access, And Deployment (BEAD) Program

May 18, 2022 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has announced that 34 states and territories have submitted letters of intent to participate in the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program. Letters of intent were submitted by the following states and territories: Alabama, Alaska, Arizona, Arkansas, American Samoa, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, United States Virgin Islands, Utah, Vermont, West Virginia and Wisconsin. 

Created as part of the Infrastructure Investment and Jobs Act of 2021, the BEAD Program will provide $42.45 billion in grants to expand high-speed internet access by funding planning, infrastructure deployment, and adoption programs in all 50 states and U.S. territories. States and territories (eligible entities) will receive BEAD Program funding, and then using a competitive process, will award BEAD funding to “subgrantees” for the construction of broadband networks and projects. Subgrantees will be required to deploy their planned broadband networks and begin providing services within their project areas not later than four years after the date on which they receive their BEAD Program grant a state or territory.

The BEAD Program will prioritize grant funding for the expansion of broadband internet access to unserved locations (no access to Reliable Broadband Service at speeds of at least 25/3 Mbps) and underserved locations (no access to Reliable Broadband Service at speeds of at least 100/20 Mbps). “Reliable Broadband Service” is defined as broadband service that the FCC Broadband DATA Maps show is accessible to a location via: (i) fiber-optic technology; (ii) Cable Modem/ Hybrid fiber-coaxial technology; (iii) digital subscriber line (DSL) technology; or (iv) terrestrial fixed wireless technology utilizing entirely licensed spectrum or using a hybrid of licensed and unlicensed spectrum. Locations served exclusively by satellite, services using entirely unlicensed spectrum, or a technology not specified by the FCC for purposes of the Broadband DATA Maps, do not meet the criteria for Reliable Broadband Service and will be considered “unserved” for BEAD Program purposes.

To participate in the BEAD Program, an eligible entity must submit a letter of intent no later than 11:59 p.m. EDT on July 18, 2022. Either with its letter of intent or afterwards, an eligible entity that is a U.S. state, the District of Columbia, or Puerto Rico may request up to $5,000,000 in initial planning funds. Requests for initial planning funds not sent with a letter of intent must be submitted to NTIA by 11:59 p.m. EDT on August 15, 2022. Eligible entities that receive initial planning funds must submit their five-year action plans to NTIA no later than 270 days after receipt of initial planning funds.

FCC Announces Tentative Agenda For June 8th Open Meeting

May 18, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s open meeting scheduled for Wednesday, June 8, 2022:

Facilitating Access to Spectrum for Offshore Uses and Operations – The Commission will consider a Notice of Inquiry seeking comment on whether changes in the Commission’s rules and policies are needed to facilitate the development of commercial and private wireless networks offshore. (WT Docket No. 22-204)

Improving Wireless 911 Call Routing – The Commission will consider a Public Notice to examine recent technological improvements to and deployments of location-based routing for wireless 911 calls, as well as steps the Commission could take to help reduce misrouted 911 calls. (PS Docket No. 18-64)

Preserving Local Radio Programming – The Commission will consider a Notice of Proposed Rulemaking regarding a proposal to allow certain channel 6 low power television stations to continue to provide FM radio service as ancillary or supplementary service under specified conditions. (MB Docket No. 03-185)

Enforcement Bureau Action – The Commission will consider an enforcement action.

FCC Seeks Comment On Petition For Declaratory Ruling On Requirement That A Professional Engineer Must Certify Broadband Data Collection Maps

May 17, 2022 – The FCC’s Broadband Data Task Force is seeking comment on a Petition for Declaratory Ruling or Limited Waiver filed by the Competitive Carriers Association (CCA) concerning the FCC’s upcoming Broadband Data Collection (BDC) filings. Pursuant to the FCC’s BDC rules, fixed and mobile broadband providers must include a certification of the accuracy of their submissions by a qualified engineer. In its petition, CCA requests that the FCC issue a declaratory ruling to clarify that BDC filings “may be certified by a qualified professional engineer or an otherwise-qualified engineer that is not a licensed professional engineer accredited by a state licensure board.” In the alternative, CCA requests “a limited waiver of the requirement that BDC data be certified by a licensed professional engineer, and instead allow mobile providers to certify their data with an RF engineering professional with specified qualifications that are directly relevant to broadband availability assessment.” Comments on the petition, with respect to the rule’s impact on both fixed and mobile broadband service providers, are due 14 days after the Public Notice is published in the Federal Register. Reply comments are due 21 days after publication.

FCC Requests Comment On The State Of Competition In The Communications Marketplace

May 16, 2022 – The FCC’s Office Of Economics and Analytics has released a Public Notice which request public comment on the state of competition in the communications marketplace. Comments are due on or before July 1, 2022. Reply comments are due August 1, 2022. Pursuant to statute, in the last quarter of every even numbered year, the FCC must publish a communications Marketplace Report that, among other things, assesses the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service, multichannel video programming distributors, broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services. The first Communications Marketplace Report, released in December 2018, reflects the state of the communications marketplace primarily as of year-end 2017, and the second report, released December 2020, reflects the state of the marketplace primarily as of year-end 2019. For this most recent report, the FCC seeks “data, information, and comment on a wide range of issues relevant to the state of competition in the communications marketplace as a whole.” Commenters should “submit information, data, and statistics for 2020 and 2021, as well as information on any notable trends and developments that have occurred during early 2022.”

NTIA Releases BEAD Program Notice Of Funding Opportunity

May 13, 2022 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has released a Notice Of Funding Opportunity for the Broadband Equity, Access, and Deployment (BEAD) Program. Created as part of the Infrastructure Investment and Jobs Act of 2021, the BEAD Program will provide $42.45 billion in grants to expand high-speed broadband internet access by funding planning, infrastructure deployment, and adoption programs in all 50 U.S. states, Washington D.C., and U.S. territories. The NOFO describes the requirements under which NTIA will award BEAD Program broadband grants.

Each U.S. state, DC, and Puerto Rico will receive an initial allocation of $100 million to support planning efforts including building capacity in state broadband offices and outreach and coordination with local communities, while another $100 million will be divided among the remaining U.S. territories for the same purposes. Remaining BEAD Program funding will then eventually be distributed using a statutorily defined formula that considers the number of unserved and high-cost locations in a state, based on the Federal Communications Commission’s (FCC) new broadband availability maps (referred to as Broadband DATA Maps). States and territories will select and award BEAD Program funding to “subgrantees” for the deployment of broadband networks and projects. Subgrantees will be required to deploy their planned broadband networks and begin providing services within their project areas not later than four years after the date on which they receive their BEAD Program grant a state or territory.

The BEAD Program will prioritize grant funding for the expansion of broadband internet access to unserved locations (no access to Reliable Broadband Service at speeds of at least 25/3 Mbps) and underserved locations (no access to Reliable Broadband Service at speeds of at least 100/20 Mbps). The BEAD Program NOFO defines the term “Reliable Broadband Service” as broadband service that the FCC Broadband DATA Maps show is accessible to a location via: (i) fiber-optic technology; (ii) Cable Modem/ Hybrid fiber-coaxial technology; (iii) digital subscriber line (DSL) technology; or (iv) terrestrial fixed wireless technology utilizing entirely licensed spectrum or using a hybrid of licensed and unlicensed spectrum. Locations served exclusively by satellite, services using entirely unlicensed spectrum, or a technology not specified by the FCC for purposes of the Broadband DATA Maps, do not meet the criteria for Reliable Broadband Service and will be considered “unserved” for BEAD Program purposes.

Pursuant to the NOFO’s BEAD Program timeline, the application window opens on May 13, 2022; letters of intent are due July 18, 2022; and initial planning funds applications are due August 15, 2022. The BEAD Program application packet and further guidance on the application process is available from the NTIA Grants Portal.

NTIA Releases Notice Of Funding Opportunity For Enabling Middle Mile Broadband Infrastructure Program – Application Window Opens June 21, 2022

May 13, 2022 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has released a Notice Of Funding Opportunity for the Enabling Middle Mile Broadband Infrastructure Program. Created as part of the Infrastructure Investment and Jobs Act of 2021, the Enabling Middle Mile Broadband Infrastructure Program will provide up to $1 billion in grant funding “for the construction, improvement, or acquisition of middle mile infrastructure.” The program is intended “to expand and extend middle mile infrastructure to reduce the cost of connecting areas that are unserved or underserved to the internet backbone.”

The NOFO lays out the requirements under which NTIA will award Middle Mile Program grants. Entities eligible for Middle Mile grant funding include the following: a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning council, Native entity, economic development authority, or any partnership of two or more of these entities. NTIA expects to make Middle Mile grant awards within the following range: $5 million to $100 million. However, the amount of any grant awarded through the program may not exceed 70 percent of the total project cost. The period of performance for grants issued under the program ends five years from the date on which the funds are made available to the eligible entity. Grantees will be subject to buildout benchmarks: grantees must complete the buildout of 40 percent of project miles by the end of the second year after the award date; 60 percent of project miles by the end of the third year; 80 percent of project miles by the end of the fourth year; and 100 percent of project miles by the end of the fifth year.

The program’s application window opens on June 21, 2022, and closes on September 30, 2022. NTIA expects to complete its review and selection of successful applicants by February 16, 2023. NTIA expects that the start date for awards under the NOFO will be no earlier than March 1, 2023. Program application packets and additional information are available on the NTIA Grants Portal.

Commerce Department Announces Launch Of Internet For All Initiative – The 2021 Infrastructure Act’s Broadband Funding Programs

May 13, 2022 – The U.S. Department of Commerce has announced the launch of the Biden-Harris Administration’s $45 billion Internet for All initiative, which will be administered and implemented by the National Telecommunications and Information Administration (NTIA). The Internet for All initiative is comprised of the following three broadband funding programs authorized by the Infrastructure Investment and Jobs Act of 2021:

• Broadband Equity, Access, and Deployment (BEAD) Program ($42.5 billion);

• Enabling Middle Mile Broadband Infrastructure Program ($1 billion); and

• State Digital Equity Act programs ($1.5 billion). 

The BEAD Program will provide $42.45 billion in grants to expand high-speed internet access by funding planning, infrastructure deployment, and adoption programs in all 50 states, Washington D.C., and U.S. territories. States will receive an initial allocation of $100 million to support broadband planning efforts, and the remaining funding will be distributed using a statutorily defined formula that considers the number of unserved and high-cost locations in a state based on the FCC’s new broadband maps. States will then use BEAD Program grant funding to prioritize the expansion of broadband internet access to unserved locations (no access to 25/3 Mbps broadband service) and underserved locations (no access to 100/20 Mbps broadband service), followed by the provision of 1/1 Gbps broadband service to community anchor institutions. Pursuant to the BEAD Program’s timeline, the application window opens on May 13, 2022; letters of intent are due July 18, 2022; and initial planning funds applications are due August 15, 2022.

The Middle Mile Grant Program will provide up to $1 billion in grant funding for the construction, improvement, or acquisition of middle mile infrastructure. The program’s expansion of middle mile broadband infrastructure will reduce the cost of connecting areas that are unserved or underserved to the internet backbone. Entities eligible for funding include the following: a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning council, Native entity, economic development authority, or any partnership of two or more of these entities. The program’s application window opens on June 21, 2022, and closes on September 30, 2022.

The State Digital Equity Act Programs consist of three grant programs that promote digital equity and inclusion, which are designed to ensure that all people and communities have the skills, technology, and capacity needed to reap the full benefits of the digital economy. The three grant programs are: the State Digital Equity Planning Grant Program (a $60 million grant program for states and territories to develop digital equity plans); the State Digital Equity Capacity Grant Program (a $1.44 billion program for states and territories to fund an annual grant program for five years in support of digital equity projects and the implementation of digital equity plans); and the Digital Equity Competitive Grant Program (a $1.25 billion program to fund annual grant programs for five years to implement digital equity projects). The State Digital Equity Planning Grant Program is currently open. The other two programs will open later on a later date. The State Digital Equity Planning Grant Program application window opened on May 13, 2022. Planning applications or letters of intent are due on July 12, 2022.

Rural Digital Opportunity Fund: FCC Authorizes RDOF Support For 830 Winning Bids (9th RDOF Authorization)

May 12, 2022 – The FCC’s Wireline Competition Bureau has announced it has authorized Rural Digital Opportunity Fund (RDOF) Phase I auction support for 830 winning bids. This is the ninth Public Notice authorizing RDOF support. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. The authorizations were granted after the Bureau reviewed long-form application information for each authorized winning bidder, including letters of credit and Bankruptcy Code opinion letters, and concluded the submissions were acceptable. Consequently, the Bureau has directed and authorized the Universal Service Administrative Company to obligate and disburse Universal Service Fund support to each winning bidder. Support will be disbursed in 120 monthly payments, beginning at the end of May 2022. The first service obligation that must be met by the RDOF support recipients authorized by the Public Notice is the deployment of broadband service to 40% of locations in a state by December 31, 2025. The broadband service must meet the standards for which support was received (i.e., speed levels and latency). After that, these RDOF support recipients must achieve the following broadband service deployment obligations: 60% of locations in a state by December 31, 2026; 80% of locations in a state by December 31, 2027; and 100% of locations in a state by December 31, 2028.

FCC, USDA, NTIA, & Treasury Join Interagency Agreement To Share Information On U.S. Broadband Funding & Deployment

May 12, 2022 – The Federal Communications Commission (FCC), U.S. Department of Agriculture (USDA), National Telecommunications and Information Administration (NTIA), and U.S. Department of the Treasury (Treasury) have entered into a Memorandum Of Understanding to facilitate the interagency sharing of information about U.S. broadband funding and deployment. Pursuant to the MOU, each agency will share information on data collected from broadband programs it administers with the other agencies. The agencies also will share information about projects that will receive funding from federal sources. The agreement is effective as of May 11, 2022, and has a term of two years.

FCC Releases Final Agenda For May 19 Open Meeting

May 12, 2022 – The Federal Communications Commission has released the final agenda for its open meeting on Thursday, May 19, 2022:

Combatting Illegal Robocalls – The Commission will consider a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking addressing foreign-originated and other illegal robocalls from multiple angles. (CG Docket No. 17-59; WC Docket No. 17-97)

Expanding Broadband Service Through the A-CAM Program – The Commission will consider a Notice of Proposed Rulemaking seeking comment on a proposal by the ACAM Broadband Coalition to achieve widespread deployment of 100/20 Mbps broadband service throughout the rural areas served by carriers currently receiving Alternative Connect America Model support, and proposing targeted modifications to the Commission’s rules to improve the efficiency and efficacy of the high-cost program.  (WC Docket Nos. 10-90, 14-58, 09-197, 16-271, RM-11868)

Modernizing Priority Services for National Security and Emergency Response – The Commission will consider a Report and Order that would update and streamline its rules providing priority provision and restoration of service for national security and emergency response users. (PS Docket No. 20-187)

Updating FM Radio Directional Antenna Verification – The Commission will consider a Report and Order to allow applicants proposing directional FM antennas the option of verifying the directional antenna pattern through computer modeling. (MB Docket No. 21-422)

Enforcement Bureau Action – The Commission will consider an enforcement action.

FCC Waives Budget Control Mechanism For Rate-Of-Return Carriers That Receive High-Cost USF Support

May 10, 2022 – The Federal Communications Commission (FCC) has issued an Order which temporarily waives the application of the budget control mechanism for rate-of-return carriers that receive legacy high-cost universal service support. Pursuant to the waiver Order, a budget constraint of 0% will be in effect for the July 1, 2022 to June 30, 2023 tariff year. Broadband associations representing rate-of-return carriers – NTCA–The Rural Broadband Association and WTA–Advocates For Rural Broadband – consistently lobbied the FCC over the past few months in support of a waiver.

The budget control mechanism is used to ensure that annual rate-of-return high-cost support disbursements do not exceed a set budget by reducing High Cost Loop Support (HCLS) and Connect America Fund Broadband Loop Support (CAF BLS) claims as needed. Carriers receive pro rata support reductions, but no carrier’s support can be reduced below a certain minimum threshold level.

For the July 2022 to June 2023 tariff period, the projected budget control adjustment factor was calculated at 0.8571997, meaning projected total support would exceed the budget by approximately 14%. Among other things, the FCC determined its decision to waive the budget control mechanism for 2022-2023 serves the public interest “given the substantial reduction in support that would result from imposition of the budget constraint, as well as the unique and continued cash flow and other economic challenges carriers face as a result of the pandemic.” To simplify any necessary related calculations, the FCC also waived “the requirement that the budget control mechanism be adjusted effective January 1, 2023 to take into account the rural growth factor for the HCLS cap.”

Additionally, in the last two sentences of the waiver Order, the FCC reminded rate-of-return carriers receiving legacy high-cost USF support of their upcoming broadband buildout deadline and warned them that these may be changing in the future:

Finally, we note that providers receiving CAF BLS support are subject to mandatory buildout obligations to deploy broadband service of at least 25/3 Mbps to a carrier-specific number of locations by the end of 2023. We plan to consider CAF BLS deployment obligations in light of changing speed needs and funding necessary to support deployment that will apply beginning in 2024.

Schools, Health & Libraries Broadband Coalition Requests Pubic Interest Waiver Of Infrastructure Act’s Buy American Provisions

May 10, 2022 – The Schools, Health & Libraries Broadband (SHLB) Coalition has written a letter to U.S. Secretary of Commerce Gina Raimondo, formally requesting that the Department of Commerce “issue a waiver of the Infrastructure Investment and Jobs Act (IIJA) ‘Build America, Buy America’ (BABA) requirements for broadband network equipment and consumer devices.” The BABA provisions require Federal agencies to ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”

In its public interest waiver request, the SHLB Coalition stresses that the overwhelming majority of broadband network equipment and consumer devices are not currently manufactured in the U.S., and “most of the component parts are derived from abroad.” The SHLB Coalition states that it wholly supports the goal of increasing U.S. manufacturing, but believes “the timeline of BABA’s implementation could blunt the impact of the IIJA’s historic broadband programs and make it much more difficult to close the digital divide.” Ultimately, the SHLB Coalitions makes the following waiver request and explains why it is needed:

We therefore ask the Department of Commerce to issue a targeted public interest waiver of general applicability for broadband network equipment and consumer devices until such time as companies can set up their manufacturing processes in the U.S.

Without a public interest waiver, sub-recipients are likely to submit hundreds of individual requests to waive the BABA requirements, which will require review by the Department of Commerce and potentially by the Office of Management and Budget as well. Furthermore, states are likely to implement different processes for determining whether projects satisfy the BABA requirements, which will create confusion and uncertainty. By issuing a general waiver ahead of time, the Department of Commerce could substantially reduce the administrative burden, cost increases and delay for sub-recipients who are trying to close the digital divide.

For its legal basis, the SHLB Coalition cites the recent memorandum that was issued by the Office of Management and Budget (OMB), in which OMB clarifies the BABA buying preferences and provides implementation guidance to Federal agencies on the provisions that apply to infrastructure funding programs. More importantly, the OMB memorandum states that “the head of a Federal agency may waive the application of a Buy America preference under an infrastructure program” when the head of the Federal agency finds any of the following:

1. applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);

2. types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or

3. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).

Before issuing a waiver, however, the head of the applicable Federal agency must make publicly available on the agency’s website a detailed written explanation for the proposed determination to issue the waiver and provide at least 15 days for public comment on the proposed waiver, with general applicability waivers being subject to a minimum 30-day public comment period.

Minnesota Telecom Alliance Supplements Petition to Deny LTD Broadband’s RDOF Funding In Minnesota & Iowa

May 9, 2022 – The Minnesota Telecom Alliance (MTA) has filed a third supplement to the petition filed by it and the Iowa Communications Alliance seeking to deny LTD Broadband, LLC’s Rural Digital Opportunity Fund (RDOF) Phase I Auction long-form application. In their original Petition To Deny, filed in March 2021, the two groups’ contend that LTD Broadband simply does not have the experience, resources, and general wherewithal to meet its RDOF broadband network deployment obligations in Minnesota and Iowa. LTD Broadband won RDOF support to serve 102,005 locations in Minnesota ($311,877,936.40) and 12,916 locations in Iowa ($23,184,786.30).

The recent third supplement enters into the FCC’s record a petition filed by MTA and the Minnesota Electric Association with the Minnesota Public Utilities Commission (PUC) regarding LTD’s Eligible Telecommunications Carrier (ETC) status in Minnesota. Specifically, they request that the Minnesota PUC initiate a proceeding to revoke LTD’s expanded ETC designation and deny LTD’s funding certification for 2023. Arguments in their petition rely heavily on facts that have emerged out of a recent decision by the South Dakota PUC which   denied an LTD request to expand its ETC designation to include 7,481 RDOF supported locations in South Dakota. The South Dakota Commission concluded LTD lacked the ability to build and operate the broadband network contemplated in its South Dakota RDOF bid. MTA and the Minnesota Electric Association claim “[n]ewly available facts will similarly show that LTD cannot meet the far more extensive commitments it made to qualify for RDOF funding for approximately 102,000 locations in Minnesota.”

FTC Punishes Frontier For Lying About Internet Speeds & Ripping Off Customers

May 5, 2022 – The Federal Trade Commission (FTC) and the State of California have released a proposed Stipulated Order For Permanent Injunction, Monetary Judgment, And Other Relief they will enter into with Frontier Communications regarding allegations that Frontier misled customers and charged broadband subscribers for Internet speeds it failed to deliver.

In a May 2021 complaint, the FTC and various state attorneys general sued Frontier alleging the broadband provider participated in deceptive and unfair acts or practices in violation of Section 5 of the FTC Act and state statutes, “in connection with the marketing and sale of residential digital subscriber line (DSL) Internet service and the billing, charging, or collecting for that DSL Internet service.” Frontier allegedly “failed to provide many consumers with the maximum speeds they were promised and the speeds they actually received often fell far short of what was touted in the plans they purchased.”

The Stipulated Order prohibits Frontier from continuing the alleged abuses, and requires Frontier to pay $8.5 million in civil penalties and costs to the Los Angeles County and Riverside County District Attorneys’ offices, as well as $250,000 that will be distributed to Frontier’s California customers harmed by Frontier’s actions. Additionally, it requires Frontier to take the following remedial actions:

• Frontier must substantiate its Internet speed claims at a customer-by-customer level for new and complaining customers and notify customers when it is unable to do so;

• Frontier must ensure it can provide the internet service speeds it advertises before signing up, upgrading, or billing new customers;

• Frontier is prohibited from signing up new customers for its DSL internet service in areas where the high number of users sharing the same networking equipment causes congestion resulting in slower internet service; and

• Frontier must notify existing customers who are receiving DSL Internet service at speeds lower than was advertised and allow those customers to change or cancel their service at no charge.

FCC Grants All Auction 110 Spectrum Licenses

May 4, 2022 – The FCC’s Wireless Telecommunications Bureau has announced the grant of 23 long-form applications and issuance of all 4,041 licenses won in Auction 110, the auction for spectrum licenses in the 3.45-3.55 GHz (3.45 GHz) band. Attachment A to the Public Notice contains a list of 3.45 GHz licenses sorted by licensee. Attachment B contains a list of 3.45 GHz licenses sorted by market.

Auction 110 concluded in January 2022, resulting in a total of $22,418,284,236 in net bids and $22,513,601,811 in gross bids, with 23 bidders winning a total of 4,041 licenses. Of the 23 winning bidders, 13 qualified as small businesses or as entities serving rural communities, and over one-third of the top 100 markets have at least four winning bidders.

SDNY Federal Court Issues Injunction Requiring All U.S. ISPs To Block Access To Three Illegal Streaming Websites

May 3, 2022 – The U.S. District Court for the Southern District Of New York has issued three Default Judgments and Permanent Injunction Orders in three related copyright infringement lawsuits. The SDNY’s decision is noteworthy because the injunction purportedly applies to every Internet service provider located in the U.S. The Court’s decisions were first reported by torrentfreak.com and arstechnica.com.

The Plaintiffs in the lawsuits are owners of original works which they produce and stream on the internet and broadcast for television in Israel. According to the Default Judgments, the Defendants “have been rebroadcasting and streaming Plaintiffs' original content, broadcasting channels and TV services” illegally through websites, services, or applications. These illegal sites are located at or link to: www.Israeli-tv.com; www.Sdarot.tv; and www.Israel.TV. The Default Judgments find the Defendants “liable for direct, vicarious and contributory copyright infringement because the Website is rebroadcasting and streaming, in the United States, Hebrew-language television and online channels and content owned by Plaintiffs, and/or exclusively licensed for broadcasting and streaming in Israel, and because Defendants are circumventing technological measures that effectively control access to Plaintiffs’ Works.” It also finds the Defendants “liable for violating the anti-circumvention provision of the Digital Millennium Copyright Act (DMCA).”

Damages awarded to the Plaintiffs include statutory damages for each instance of copyright infringement and attorney fees. However, the noteworthy piece of the decision is the scope of the Court’s permanent injunction.

The SDNY’s injunction in each case orders all ISPs listed in Exhibit B to the order, and any other ISPs providing services in the United States, to block access to the Defendants’ websites at any domain address known today or to be used in the future by the Defendants by any technological means available on the ISPs’ systems.

All U.S. ISPs are required by the injunctions to divert their users’ attempts to access the Defendants’ sites to a landing page operated and controlled by the Plaintiffs. The landing page is can be reached at the following: Domain: zira-usa-11024.org; IP Address: 206.41.119.64.

Exhibit B contains nine pages listing 96 U.S. ISPs. However, as stated above, the Exhibit B is not exhaustive, as the Court claims the injunction applies to every U.S. ISP. Further, the injunction permanently prohibits third parties, such as web hosting providers, CDN providers, VPNs, payment processors, and others from providing services to the Defendants’ websites.

Rural Digital Opportunity Fund: FCC Ready To Authorize $200 Million In RDOF Support For 2,324 Winning Bids

May 3, 2022 – The FCC’s Rural Broadband Auctions Task Force, Wireline Competition Bureau, and Office of Economics and Analytics have announced they are ready to authorize support for 2,324 Rural Digital Opportunity Fund (RDOF) Phase I auction winning bids. This is the ninth set of RDOF winning bids that are ready to be authorized – $199,336,695 to fund new broadband deployments in 26 states and the Northern Mariana Islands to over 230,000 locations. A list showing each winning bid ready to be authorized, the corresponding long-form applicant, each winning bid’s total amount of 10-year support, and other details is available as Attachment A to the Public Notice. According to the FCC, so far, the RDOF program “has committed over $5.2 billion for broadband deployment to 3 million locations in 47 states and the Northern Mariana Islands.”

Also, Attachment B to the Public Notice is a list of defaulted bids in Colorado, Georgia, Idaho, Massachusetts, Nevada, New Mexico, Texas, and Virginia. The census blocks containing the defaulted RDOF bids will potentially be eligible for other broadband funding programs.

For this ninth set of ready-to-be-authorized RDOF winning bids, FCC staff reviewed the long-form applications associated with the winning bids, and determined they met all legal, financial, and technical requirements. To be authorized to receive the listed support amounts, however, each RDOF winning bidder must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters for each state where they have winning bids that are ready to be authorized prior to 6:00 p.m. ET on May 17, 2022.

The FCC will continue to review RDOF long-form applications on a rolling basis, and will announce other approvals of long-forms in future public notices. Additional information on broadband providers set to receive RDOF Phase I auction support and RDOF funding amounts by state are available on the FCC’s RDOF auction website: https://www.fcc.gov/auction/904.

FCC Fines LTD Broadband For Violating RDOF Auction Rules On Prohibited Communications

May 3, 2022 – The FCC has issued a Notice Of Apparent Liability For Forfeiture against LTD Broadband LLC for repeatedly engaging in prohibited communications of its bidding and bidding strategies during the FCC’s Rural Digital Opportunity Fund (RDOF) Phase I Auction, and its failure to timely report such prohibited communications. The FCC has proposed LTD pay a forfeiture of $100,000. LTD, a fixed wireless broadband service provider, was the single largest winner of universal service support in the RDOF Phase I auction. As explained in the NAL, the FCC alleges LTD apparently violated the FCC’s auction rules on prohibited communications by willfully and repeatedly engaging in prohibited communications of its bidding, bidding strategies, and bidding results to Cox Communications, Inc. via LTD’s investment agent, RJM & Company, LLC. Also, LTD apparently violated the FCC’s auction rules by failing to report these communications to the FCC within the required five-day reporting window. LTD has 30 calendar days to pay the forfeiture or submit a written statement seeking reduction or cancellation of the proposed forfeiture.

Mergers & Acquisitions: Nextlink Internet Acquires Illinois Fixed Wireless Broadband Provider CCAOnline, Inc.

May 2, 2022 – AMG Technology Investment Group LLC d/b/a Nextlink Internet has announced it has acquired CCAOnline, Inc. Terms of the deal were not announced.

Nextlink Internet is a fiber and fixed wireless service provider that delivers high-speed internet and voice services to homes, businesses, health care facilities, schools, and libraries in Texas, Oklahoma, Kansas, Nebraska, Iowa, and Illinois. Nextlink has been a broadband service provider for nearly a decade, beginning its operations in the fall of 2012 in Weatherford, Texas.

CCAOnline, Inc., based in Logan and Tazewell Counties, Illinois, is a fixed wireless broadband service provider that has been in business for over 25 years.

In the press release announcing the deal, Bill Baker, CEO of Nextlink Internet, provided the following statement on how Nextlink plans to incorporate and improve CCAOnline’s network:

“We will immediately begin upgrades to the legacy CCA network infrastructure that we’re acquiring today. These upgrades will bring download speeds to at least 100 Mbps across Logan County and in many areas, we will be offering up to 400 Mbps download speed plans. As the presumptive winner of over $4 million in Rural Digital Opportunity Funding (RDOF) for Logan County, we plan to significantly improve the broadband capabilities of Logan County residents.”

USAC Files Estimated 3Q 2022 Universal Service Funding Requirements

May 2, 2022 – The Universal Service Administrative Company (USAC) has filed the Federal Universal Service Support Mechanisms Fund Size Projections for the third quarter of 2022. The filing details the universal service fund’s (USF) total budget for 3Q 2022, which includes any costs that can be directly attributed to the High Cost, Low Income, Rural Health Care,
and Schools and Libraries Support Mechanisms, as well as the Connected Care Pilot Program, and the projected administrative expenditures of each mechanism. USAC’s data shows the following total projected 3Q 2022 funding requirements for each USF support mechanism:

High Cost Support Mechanism – $992.51 million (the 2Q funding requirement was $880.14 million, and the 1Q 2022 funding requirement was $1.04452 billion). The 3Q 2022 total funding requirement for the High Cost Support Mechanism was initially projected at $1.03792 billion, but was adjusted as follows: decreased by prior period adjustments of $62.54 million and increased by administrative costs of $17.13 million; resulting in a total projected 2Q 2022 funding requirement of $992.51 million.

Low Income Support Mechanism – $269.22 million (the 2Q 2022 funding requirement was $220.47 million, and the 1Q 2022 funding requirement was $137.51million). The 3Q 2022 total funding requirement for the Low Income Support Mechanism was initially projected at $287.13 million, but was adjusted as follows: decreased by prior period adjustment of $34.03 million and increased for administrative costs of $16.12 million; resulting in a total projected 3Q 2022 funding requirement of $269.22 million.

Rural Health Care Support Mechanism – $159.25 million (the 2Q 2022 funding requirement was negative $7.62 million, and the 1Q 2022 funding requirement was $11.72 million). The initial 3Q 2022 collection requirement of $159.43 million was decreased by a prior period adjustment of $0.18 million, resulting in a total projected funding requirement of $159.25 million.

Connected Care Pilot Program – $8.34 million (the 2Q 2022 funding requirement was $7.81 million, and the 1Q 2022 funding requirement was $9.21 million). The initial 3Q 2022 Connected Care Pilot Program collection requirement of $8.33 million was adjusted as follows: decreased by prior period adjustment of $0.10 million and increased by $0.11 million for administrative expenses, resulting in a total projected funding requirement of $8.34 million.

E-Rate Schools and Libraries Support Mechanism – $606.99 million (the 2Q 2022 funding requirement was $563.22 million, and the 1Q 2022 funding requirement was $637.95 million). The initial 3Q 2022 funding requirement of $593.30 million was decreased by a prior period adjustment of $7.27 million and increased by $20.96 million for administrative expenses, which resulted in $606.99 million

For its own consolidated budget, USAC projects total administrative costs of $61.60 million for 3Q 2022. This breaks out to $32.38 million in direct costs for all four support mechanisms, and $29.22 million in joint and common costs which include costs associated with billing, collection, and disbursement of universal service funds. This is an increase in administrative costs from the last two quarters (USAC projected consolidated budgets of $58.09 million for 2Q 2022 and $55.57 million for 1Q 2022).

The FCC will use the of the quarterly funding requirements for the four USF Support Mechanisms, the projected administrative expenses, and the USF contribution base amount to establish a quarterly USF contribution factor. Copies of USAC’s historical USF filings are available on its website.

April 2022

FCC To Issue Rulemaking On Proposal To Create Enhanced A-CAM Program

April 28, 2022 – During its May 19, 2022 open meeting, the Federal Communications Commission will vote to release a Notice of Proposed Rulemaking (NPRM) on the Alternative Connect America Cost Model (A-CAM) program. If approved, the NPRM will seek public comment on a proposal submitted by the ACAM Broadband Coalition asking the FCC to establish an enhanced A-CAM program, and related issues. A draft version of the A-CAM NPRM was released with the FCC’s tentative agenda for the open meeting.

The ACAM Broadband Coalition’s proposal, first submitted as a petition for rulemaking in October 2020, requested that the FCC extend the universal service A-CAM program for an additional six years in exchange for deploying faster broadband speeds. The coalition later submitted modifications to its enhanced A-CAM proposal – increasing the deployment of 100/20 Mbps broadband service to 90 percent of locations, with a significant increase to total annual A-CAM support.

In the summary of the draft version of the enhanced A-CAM NPRM, the FCC states that comment will be sought on five general topics:

• The offer of additional A-CAM support in exchange for increased broadband deployment obligations to additional locations and at higher speeds under an Enhanced A-CAM program;

• How the FCC should use the new Broadband DATA Act maps to determine any new deployment obligations;

• How support could be calculated for an Enhanced A-CAM program, including whether the existing A-CAM framework continues to be appropriate;

• How specific proposals are, or can be, made consistent with Congressional intent expressed through the Infrastructure Investment and Jobs Act and other legislation, as well as programs at other agencies; and

• How to evaluate opportunities to improve the administration of the high-cost program and better safeguard the Universal Service Fund.

FCC Tentative Agenda For May 19 Open Meeting: Robocalls, A-CAM Program, National Security, & FM Antennas

April 28, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s open meeting on Thursday, May 19, 2022:

Combatting Illegal Robocalls – The Commission will consider a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking addressing foreign-originated and other illegal robocalls from multiple angles. (CG Docket No. 17-59; WC Docket No. 17-97)

Expanding Broadband Service Through the A-CAM Program – The Commission will consider a Notice of Proposed Rulemaking seeking comment on a proposal by the ACAM Broadband Coalition to achieve widespread deployment of 100/20 Mbps broadband service throughout the rural areas served by carriers currently receiving Alternative Connect America Model support, and proposing targeted modifications to the Commission’s rules to improve the efficiency and efficacy of the high-cost program.  (WC Docket Nos. 10-90, 14-58, 09-197, 16-271, RM-11868)

Modernizing Priority Services for National Security and Emergency Response – The Commission will consider a Report and Order that would update and streamline its rules providing priority provision and restoration of service for national security and emergency response users. (PS Docket No. 20-187)

Updating FM Radio Directional Antenna Verification – The Commission will consider a Report and Order to allow applicants proposing directional FM antennas the option of verifying the directional antenna pattern through computer modeling. (MB Docket No. 21-422)

Enforcement Bureau Action – The Commission will consider an enforcement action.

Four Broadcast Television Affiliates Associations Want Compensation From Big Tech Platforms For Distribution Of News Content

April 21, 2022 – Representatives from the ABC Television Affiliates Association, the CBS Television Network Affiliates Association, the FBC Television Association, and the NBC Television Affiliates (the Four Affiliates Associations) recently met with Federal Communications Commission (FCC) Commissioner Nathan Simington and his staff. During the ex parte meeting, the Four Affiliates Associations “discussed the state of the video programming marketplace,” as well as how changes in that marketplace have threatened the Associations’ advertising and subscription revenue streams. First, the Four Affiliates Associations explained that “the growing dominance of Big Tech companies like Google, Facebook, and Amazon in the advertising marketplace and the resulting declines in ad revenues available to local broadcasters,” and provided the following description of the situation:

These large tech platforms have dramatically changed how many Americans find and consume news content. Today, significant numbers of Americans regularly get their news from entities such as Facebook and YouTube, although much of that news content is produced by local broadcasters, whose mission—unlike that of Big Tech—is to serve their local communities. As tech platforms attract growing numbers of news consumers, advertisers unsurprisingly turn to Facebook, Google, and Amazon, rather than local broadcasters, to reach those audiences, and the Big Tech companies capture an ever greater share of U.S. advertising revenues. Still, the Big Tech companies do not fairly compensate the local broadcasters who produce the news content that draws viewers to their platforms.

Ultimately, the Four Affiliates Associations argue that “the Big Tech platforms should compensate local broadcasters fairly for distribution of the broadcasters’ valuable news content on their platforms.” Next, the Four Affiliates Associations pointed out “the lack of regulatory parity between broadcasters and Big Tech companies,” such as the differences in political advertising rules. They explained that broadcasters are subject to numerous political advertising rules, while Big Tech platforms are not subject to the FCC’s political advertising rules. This, they claim, allows Big Tech and other platforms to “capture billions of dollars in political advertising in each election cycle,” while evading “rules intended to ensure transparency and accountability” and “protect the safety and integrity” of U.S. elections.

Finally, the Four Affiliates Associations discussed how vMVPDs not being subject to retransmission consent rules are negatively impacting their revenue derived from subscription fees. They explained that often “a Big Four network (or, more accurately, its parent entity) will fully negotiate an agreement with a given vMVPD for carriage of network-owned stations as well as network-owned cable channels and other less popular programming—without any meaningful input from its non-owned Affiliate stations,” and then present the finalized agreement to its local Affiliated stations as “a ‘take it or leave it deal that the Affiliate must accept if it is to be carried on the virtual MVPD at issue.”

Ninth Circuit Court Of Appeals Denies Request To Rehear Challenge To California Net Neutrality Law

April 20, 2022 – The U.S. Court of Appeals for the Ninth Circuit has denied the request for an en banc rehearing in ACA Connects v. Bonta, the legal challenge to the California Internet Consumer Protection and Net Neutrality Act of 2018 (SB-822) brought by broadband trade associations ACA Connects, CTIA, NCTA, and USTelecom. The group filed their lawsuit in October 2018, claiming California’s net neutrality law was prohibited by the FCC’s 2018 Restoring Internet Freedom Order, and seeking an injunction of the law’s enforcement. They argued that the California net neutrality law is preempted by Federal law on the basis of both conflict and field preemption. The U.S. District Court for the Eastern District of California, in February 2021, denied the request for injunction, and the trade associations appealed that decision to the Ninth Circuit Court of Appeals. Thereafter, a three-judge panel unanimously affirmed the District Court’s decision, finding that “by classifying broadband internet services as information services, the FCC no longer has the authority to regulate in the same manner that it had when these services were classified as telecommunications services,” meaning the FCC “therefore, cannot preempt state action, like SB-822, that protects net neutrality.” ACA Connects, CTIA, NCTA, and USTelecom sought rehearing en banc, which was denied in the recent order.

Cybersecurity Authorities Release Advisory On Russian State-Sponsored Cyber Threats To Critical Infrastructure

April 20, 2022 – The United States, Australia, Canada, New Zealand, and United Kingdom (Five Eyes intelligence alliance) have released a joint Cybersecurity Advisory titled Russian State-Sponsored and Criminal Cyber Threats to Critical Infrastructure (Alert AA22-110A). The Advisory “provides an overview of Russian state-sponsored advanced persistent threat groups, Russian-aligned cyber threat groups, and Russian-aligned cybercrime groups to help the cybersecurity community protect against possible cyber threats.” It warns “organizations that Russia’s invasion of Ukraine could expose organizations both within and beyond the region to increased malicious cyber activity from Russian state-sponsored cyber actors or Russian-aligned cybercrime groups.” Ultimately, the five countries’ cybersecurity authorities advise that companies in the critical infrastructure industry “prepare for and mitigate potential cyber threats” by implementing the Advisory’s recommendations on “hardening their cyber defenses.” Information in the Advisory updates the January 2022 advisory titled Understanding and Mitigating Russian State-Sponsored Cyber Threats to U.S. Critical Infrastructure (Alert AA22-011A).

FCC Issues Guidance On Mergers & Acquisitions Involving High-Cost USF Support Obligations

April 19, 2022 – The FCC’s Wireline Competition Bureau has issued guidance on “domestic section 214 applications seeking approval for transactions that involve the exchange and assumption of Universal Service Fund (USF) high-cost mechanism obligations.” Specifically, the Bureau recommends that for such transactions, the applicants include the following in the initial public interest section of their applications:

• A listing of all USF high-cost support received by each entity to be transferred and by the transferee and each affiliate of the transferee, including Connect America Fund (CAF) Phase II Auction (Auction 903) support, Rural Digital Opportunity Fund (RDOF) Phase I Auction (Auction 904) support, Alaska Plan support, Alternative Connect America Cost Model support, CAF Broadband Loop Support, and Rural Broadband Experiment support.

• Confirmation of whether the entity or entities to be transferred are Eligible Telecommunications Carriers (ETC) under section 214(e) of the Act.

• If the entity or entities to be transferred have been awarded CAF Phase II or RDOF funding, provide a summary addressing any changes to management, technology, or debt that would result from the proposed transaction, as well as whether there are any changes that might occur that would compromise the support recipients’ ability to meet their service obligations.

• A list of study area codes (SACs) for each entity to be transferred and for each affiliate of the entity or entities to be transferred, and for the transferee and each affiliate of the transferee.

• A confirmation of whether the entity or entities to be transferred participate in the Lifeline program, Emergency Broadband Benefit program, or the Affordable Connectivity Program, and whether such participation will continue if the transaction is consummated.

OMB Clarifies “Buy American” Rules For Infrastructure Funding & Waiver Process

April 18, 2022 – The Office of Management and Budget has issued a memorandum that provides implementation guidance to Federal agencies on the application of the “Buy America” provisions that apply to infrastructure funding programs. The Build America, Buy America Act, which is part of the Infrastructure Investment and Jobs Act, requires Federal agencies to ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” OMB’s guidance applies to all Federal financial assistance, whether funded through the IIJA or not, where funds are made available and used for an infrastructure project. The Build America, Buy America Act requires the following buying preference:

(1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

(3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

The OMB memorandum states that “the head of a Federal agency may waive the application of a Buy America preference under an infrastructure program” when the head of the Federal agency finds any of the following:

(1) applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);

(2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or

(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).

However, before issuing a waiver, the head of the Federal agency must make publicly available on the agency’s website a detailed written explanation for the proposed determination to issue the waiver and provide at least 15 days for public comment on the proposed waiver, with general applicability waivers being subject to a minimum 30-day public comment period.

Mergers & Acquisitions: Nex-Tech To Acquire Moundridge Communications Network

April 15, 2022 – Rural Telephone Service Company, Inc. d/b/a Nex-Tech, a Kansas incumbent local exchange carrier, has announced it has reached an agreement to acquire The Moundridge Telephone Company Inc. d/b/a Moundridge Communications Network. Terms have not been disclosed. The deal is expected to close by July 2022, subject to state and federal regulatory approval.

Nex-Tech is organized as a cooperative and headquartered in Lenora, Kansas. It provides voice and broadband services, as well as cloud, managed T.T., security and surveillance, hardware and software, and backup services, itself and through subsidiaries.

Moundridge Communications Network is a family-owned and operated communications service provider that was founded in 1904 in Moundridge, Kansas. It provides broadband Internet access and telephone services to customers in the Kansas communities of Moundridge and Goessel. The current owners acquired the company in 2016.

Rural Digital Opportunity Fund: FCC Authorizes RDOF Support For 1,345 Winning Bids (8th RDOF Authorization)

April 15, 2022 – The FCC’s Wireline Competition Bureau has announced it has authorized Rural Digital Opportunity Fund (RDOF) Phase I auction support for 1,345 winning bids. This is the eighth Public Notice authorizing RDOF support. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. Some of the authorized winning bids include those made by Firefly Fiber Broadband; Centranet, LLC; Forked Deer Connect, LLC; Mediacom; Midwest Energy Cooperative; OzarksGo; Peoples Telecom of Kentucky; and Windstream.

The authorizations were granted after the Bureau reviewed long-form application information for each authorized winning bidder, including letters of credit and Bankruptcy Code opinion letters, and concluded the submissions were acceptable. Consequently, the Bureau has directed and authorized the Universal Service Administrative Company to obligate and disburse Universal Service Fund support to each winning bidder. Support will be disbursed in 120 monthly payments, beginning at the end of April 2022. The first servie obligation that must be met by the RDOF support recipients authorized by the Public Notice is the deployment of broadband service to 40% of locations in a state by December 31, 2025. The broadband service must meet the standards for which support was received (i.e., speed levels and latency). After that, these RDOF support recipients must achieve the following broadband service deployment obligations: 60% of locations in a state by December 31, 2026; 80% of locations in a state by December 31, 2027; and 100% of locations in a state by December 31, 2028.

FCC Announces Release Of Preliminary Broadband Serviceable Location Fabric - Available To Fixed Broadband Service Providers

April 14, 2022 – The FCC’s Broadband Data Task Force has announced that a preliminary version of the Broadband Serviceable Location Fabric is now available. Fixed broadband service providers can access the preliminary version of the Fabric to begin preparing for their broadband availability data submissions under the FCC’s new Broadband Data Collection (BDC). The Broadband Serviceable Location Fabric is a common dataset of all locations in the U.S. where fixed broadband internet access service can be installed, and is a key component of the BDC.

Access to the preliminary Fabric, however, is available for those fixed broadband service providers that have made FCC Form 477 filings in the past. They must first execute a license agreement with the Fabric’s creator, CostQuest, in order to access the data. According to the Public Notice, CostQuest will contact, via email, “the certifying individual of each June 2021 Form 477 filing with fixed broadband deployment, requesting that the recipient visit CostQuest’s user support help desk to (1) create user credentials, (2) submit a license request form, and (3) execute the licensing agreement.”

In February 2022, the FCC announced it will accept BDC broadband availability data from facilities-based providers of fixed and mobile broadband Internet access service beginning June 30, 2022, to September 1, 2022. Submissions must show a provider’s broadband availability data as of June 30, 2022.

In the Public Notice announcing the preliminary Fabric, the Broadband Data Task Force also provides further details on the Fabric and information on how fixed broadband providers should prepare their BDC filings, including the following:

(1) information for providers of fixed broadband service on how to access the preliminary Fabric;

(2) identification of data sources used in, and elements of, the Fabric;

(3) confirmation that the Fabric will identify broadband serviceable locations using a unique, FCC-issued identifier (Location ID), a set of latitude/longitude coordinates within the boundaries of each structure, and, where feasible, a street address; and

(4) confirmation that fixed broadband providers that do not use availability polygons must submit their broadband availability data using the unique Location IDs in the Fabric.

Broadband Data Collection: FCC Issues Guidance For State, Local, And Tribal Governmental Entities Submitting Verified Broadband Availability Data

April 14, 2022 – The FCC’s Broadband Data Task Force has released details on the procedures for state, local, and Tribal governmental entities to submit verified broadband availability data through the FCC’s Broadband Data Collection (BDC) system. Specifically, the Public Notice provides the following further details:

(1) the system and process the FCC will use to authenticate entities purporting to file on behalf of state, local, or Tribal governmental entities; and

(2) the procedures for identifying state, local, and Tribal governmental entities with primary responsibility for mapping or tracking broadband internet access service coverage within their jurisdictions.

As part of the new BDC, the FCC will collect verified data for use in the new BDC broadband availability maps from State, local, and Tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage in their respective areas. In the Digital Opportunity Data Collection Second Report and Order, the FCC stated it “will treat data verified by the governmental entity that is primarily responsible for mapping or tracking coverage as primary availability data for use in the coverage maps on par with the availability data submitted by providers in their biannual BDC filings, and later described how coverage data from governmental entities will be considered “verified” when they bear certain indicia of credibility.

The FC will accept broadband availability data from facilities-based providers of fixed and mobile broadband Internet access service beginning June 30, 2022, to September 1, 2022. These BDC submissions must show a provider’s broadband availability data as of June 30, 2022. The Public Notice guidance is intended to give state, local, and Tribal governmental entities that intend to submit verified broadband availability data enough time to prepare prior to the June 30, 2022 opening of the BDC filing window.

Broadband Data Collection: FCC Issues Guidance For Mobile Speed Test Applications

April 14, 2022 – The FCC’s Broadband Data Task Force and Office of Engineering and Technology (OET) have announced procedures for submitting proposals for mobile speed test applications that will be used in collecting and submitting mobile broadband network performance data as part of the FCC’s Broadband Data Collection (BDC). Specific technical guidance regarding how third-party app developers may present supporting information and other documentation as part of their proposals is included in Appendix A to the Public Notice and OET Bulletin 75, Broadband Data Collection Program: Third-Party Speed Test Mobile Application Approval Process Guidance.

Third-party mobile speed test applications will be used for the collection and submission of mobile broadband challenge data, and also could eventually be used to collect crowdsourced broadband availability data. While mobile speed test application data will be used to ensure consumers’ challenge data meet necessary reporting requirements, crowdsourced data would be used to “identify individual instances or patterns of potentially inaccurate or incomplete deployment or availability data that warrant further investigation or review.”

Third-party app developers seeking OET approval must submit a separate proposal for iOS and Android operating systems. Developers may begin submitting their proposals to OET for review and approval. OET has stated it “will endeavor to complete its review of proposals received on or before June 9, 2022 in advance of the FCC’s publication of the initial versions of the broadband availability maps required under the Broadband DATA Act.”

FCC Sets Final Agenda For Open Meeting On April 21, 2022

April 14, 2022 – The Federal Communications Commission has announced the final agenda for its open meeting, scheduled for 10:30 am on Thursday, April 21, 2022. It contains the following five items:

• Improving Receiver Performance – The Commission will consider a Notice of Inquiry to promote more efficient use of spectrum through improved receiver interference immunity performance, thereby facilitating the introduction of new and innovative services. (ET Docket No. 22-137)

• Wireless Emergency Alerts – The Commission will consider a Further Notice of Proposed Rulemaking seeking comment on proposals to strengthen the effectiveness of Wireless Emergency Alerts, including through public reporting on the reliability, speed, and accuracy of these alerts. (PS Docket Nos. 15-91, 15-94)

• Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.

• Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.

• Enforcement Bureau Action – The Commission will consider an enforcement action.

DISH Claims SpaceX Cannot Meet Its Rural Digital Opportunity Fund Obligations

April 12, 2022 – DISH Network Corporation has filed an ex parte claiming “SpaceX cannot credibly claim that it will be able to fulfill its obligations under the Rural Digital Opportunity Fund (RDOF) auction rules.” DISH’s ex parte incorporates four technical studies which DISH says demonstrate that “SpaceX’s first-generation and proposed second-generation non-geostationary orbit (NGSO) satellite systems exceed the equivalent power flux density (EPFD) limits imposed on non-geostationary orbit (“NGSO”) satellite systems in the 12.2-12.7 GHz band (12 GHz band) for the purpose of protecting Direct Broadcast Satellite (DBS) users.” DISH summarizes the four technical studies as follows:

The first three studies show that SpaceX’s first-generation system would violate the power limits if the software used by the International Telecommunication Union (ITU) to measure power levels is adjusted to rectify the inadequacies that the ITU itself has recognized and to reflect the real world—the actual locations of DBS dishes, and all of the satellites in SpaceX’s enormous system that are above the horizon for any particular dish. The fourth study is even more straightforward: it shows that SpaceX’s second-generation (Gen2) system would violate the limits if the ITU-approved software is applied without any adjustments.

DISH explains that in its petition for designation as an eligible telecommunications carrier (ETC), “SpaceX has stated that it intends to rely on the 12 GHz band (among others) for its service.” However, DISH argues, the technical studies show SpaceX’s use of the 12 GHz band will violate the FCC’s rules. DISH argues that “there is no doubt that spectrum users violating the technical restrictions of the FCC’s rules for a frequency band are ineligible for purposes of certifying access.” Ultimately, DISH claims “SpaceX’s petition for designation as an [ETC] for purposes of the RDOF program should be denied to the extent that SpaceX proposes to use the 12 GHz band for its service.”

FCC Releases Data On Broadband Deployment Progress By Recipients Of CAF II Auction Support

April 8, 2022 – The FCC’s Wireline Competition Bureau has announced the release of data showing the total locations deployed to by Connect America Fund Phase II (CAF II) Auction support recipients. The data reflects broadband service deployment as of December 31, 2021, and is available on the Universal Service Administrative Company’s (USAC) CAF Phase II Auction website. A total of 257,886 locations have been certified in the High Cost Universal Broadband (HUBB) portal as receiving new broadband service due to funding from the CAF II Auction program.

Companies that receive CAF II Auction support are required to deploy the requisite level of broadband service to 40% of their required locations in a state by December 31, 2022. Some have already met their initial deployment requirement, but some companies have not yet reported any broadband deployment in states where they receive support. The Wireline Bureau has sent letters to companies with no reported deployment, asking them to explain how they will meet the initial 40% deployment milestone, and demanding a response by May 9, 2022. The letters are available on the FCC’s CAF Phase II Auction website under the Documents tab.

Five More State Attorneys General Partner With FCC For Robocall Investigations

April 7, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced that five more state Attorneys General are partnering with the FCC in robocall investigations by signing Memoranda of Understanding with the FCC’s Enforcement Bureau. The five states are Alaska, California, Tennessee, Pennsylvania, and Washington. The FCC describes the robocall investigations partnership as follows:

Memoranda of Understanding between state robocall investigators and the FCC’s Enforcement Bureau establish critical information sharing and cooperation structures to investigate spoofing and robocalls scam campaigns. During investigations, both the FCC’s Enforcement Bureau and state investigators seek records, talk to witnesses, interview targets, examine consumer complaints, and take other critical steps to build a record against possible bad actors. These partnerships can provide critical resources for building cases and preventing duplicative efforts in protecting consumers and businesses nationwide.

Chairwoman Rosenworcel has invited all remaining U.S. states to join the robocall investigation partnership. Every state that has joined the effort are listed in the table below.

Windstream Enters Into Consent Decree With FCC Ending Investigation Into Rural Health Care Program Rule Violations, Will Pay $1.2 Million

April 5, 2022 – The FCC’s Enforcement Bureau and Windstream Communications, LLC have entered into a Consent Decree which terminates an Enforcement Bureau investigation into whether Windstream violated the FCC’s Rural Health Care (RHC) Program rules. As part of the settlement, Windstream will repay $1,004,445.24 to the Universal Service Fund (USF), pay a civil penalty to the U.S. Treasury in the amount of $200,000, and implement enhanced compliance measures in connection with its participation in the RHC Program.

Under the RHC’s Telecommunications Program, rural health care providers can obtain rates for supported communications services “that are no higher than the ‘urban rate,’ defined as ‘a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service in any city with a population of 50,000 or more in that state.’” The communications carrier providing the services is then entitled to support payments from the USF to account for the difference between the urban rate and the “rural rate” provided to the rural health care provider. The FCC’s RHC Program rules establish only three methods for a communications service provider to determine its rural rate. During its investigation, the FCC’s Enforcement Bureau “determined that Windstream failed to use any of the three rate-setting methods,” and instead used a competitive bid process. However, Windstream was unable to provide the Bureau with documents sufficiently demonstrating the processes used to set its rural rates complied with the FCC’s rules.

altafiber Files Retransmission Consent Complaint Against Cox; Claims Cox Wants Payment Of Retransmission Consent Fees On Non-Cable, Broadband-Only Subscribers

April 4, 2022 – Cincinnati Bell Extended Territories LLC, dba altafiber has filed a Verified Retransmission Consent Complaint For Enforcement Of Obligation To Negotiate In Good Faith against Miami Valley Broadcasting Corporation (WHIO-TV), a CBS-affiliate managed by Cox Media Group. The dispute involves altafiber’s new communications network in the Dayton DMA that will provide “cable television and ultra-high-speed broadband service” to 135,000 households. altafiber describes its complaint as “the last resort to stop a broadcaster that will not grant retransmission consent unless it receives payment of a per-subscriber retransmission consent fee for virtually every non-cable, broadband-only subscriber.” In the complaint, altafiber claims that as part of the retransmission consent negotiations, Cox has asserted two unreasonable demands:

First, Cox requires payment of retransmission consent fees on non-cable, broadband-only subscribers who stream video from any source. Cox confirmed that even if such a subscriber merely streamed YouTube videos or purchased a Netflix subscription, it demands payment of retransmission consent fees despite the absence of any retransmission by altafiber. Second, Cox demands that altafiber restructure its subscriber rates in a non-standard way that would confuse consumers and make difficult apples-to-apples price comparisons of competing services, thereby harming competition.

altafiber explains that without the WHIO-TV CBS-affiliate in its channel lineup, its cable television service will be “uncompetitive and thus financially inviable.” altafiber further explains that if it fails to “obtain retransmission consent for WHIO on commercially reasonable terms, altafiber will not be able to launch cable television service on its FTTP system in Dayton, thus slowing down or halting construction of the system, including the deployment of ultra-high speed broadband services.”

TracFone Enters Into $13.4 Million Settlement With FCC & DOJ Over Lifeline Program Rule Violations

April 4, 2022 – The Federal Communications Commission (FCC) has announced that it and the U.S. Department of Justice have reached a $13.4 million settlement with TracFone Wireless in connection with TracFone’s alleged violations of the FCC’s Lifeline program rules.

According to the FCC News Release, “the settlement resolves allegations that TracFone violated the False Claims Act by signing up more than 175,000 ineligible customers for the Lifeline program during 2012-2015 and that the false claims resulted from TracFone’s lax oversight and monitoring of its Lifeline program.”

Pursuant to the terms of the settlement, $10,927,372 in previously refunded overpayments will be retained by the Universal Service Fund, and TracFone will pay $2.5 million in damages to the Government. TracFone also must implement a comprehensive, three-year compliance plan to help ensure strict adherence to the FCC’s Lifeline program rules going forward.

CISA Urges Critical Infrastructure To Share Information On Cyber-Events

April 1, 2022 – The U.S. Cybersecurity and Infrastructure Security Agency (CISA) has issued guidance encouraging stakeholders to voluntarily share information about cyber-related events that could help mitigate current or emerging cybersecurity threats to critical infrastructure. CISA uses reported cyber-event information “to render assistance and provide a warning to prevent other organizations and entities from falling victim to a similar attack,” as well as to identify “trends that can help efforts to protect the homeland.” Federal and Critical Infrastructure partners that have previously submitted an Incident Reporting Form are encouraged to continue using that method to share information. Those who have never reported to CISA, or lack the time or capability to use the form, are encouraged to share information via an email to Report@cisa.gov with as much detail as possible using the guidelines contained in the guidance document.

March 2022

FCC Announces Tentative Agenda For April 21st Open Meeting

March 31, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s next open meeting, scheduled for Thursday, April 21, 2022:
Improving Receiver Performance – The Commission will consider a Notice of Inquiry to
promote more efficient use of spectrum through improved receiver interference immunity
performance, thereby facilitating the introduction of new and innovative services. (ET Docket
No. 22-137)
Wireless Emergency Alerts – The Commission will consider a Further Notice of Proposed
Rulemaking seeking comment on proposals to strengthen the effectiveness of Wireless
Emergency Alerts, including through public reporting on the reliability, speed, and accuracy of
these alerts. (PS Docket Nos. 15-91, 15-94)
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory
matter.
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory
matter.
Enforcement Bureau Action – The Commission will consider an enforcement action.

RUS Publishes 10 New ReConnect Program Funding Applications

March 30, 2022 – The U.S. Department of Agriculture’s Rural Utilities Service has published 10 new ReConnect Program applications requesting funding in Guam, Michigan, Minnesota, Mississippi, Missouri, North Dakota, Oklahoma, Palau, Texas, and Wyoming. The ReConnect Loan and Grant Program provides loans, grants, and loan-grant combinations to fund the costs of construction, improvement, or acquisition of facilities and equipment needed to provide broadband service in rural areas. Existing broadband providers can review the applications to determine whether they are already providing fixed, terrestrial broadband service to any of the geographic areas included in any of the applications’ proposed funded service areas. Existing broadband providers have 45 calendar days to respond to and challenge a ReConnect Program application. A public notice filings portal user guide containing instructions for responding to an application is available online from RUS.

Rural Digital Opportunity Fund: FCC Ready To Authorize $313 Million In RDOF Support For 557 Winning Bids

March 25, 2022 – The FCC’s Rural Broadband Auctions Task Force, Wireline Competition Bureau, and Office of Economics and Analytics have announced they are ready to authorize support for 557 Rural Digital Opportunity Fund (RDOF) Phase I auction winning bids.

This is the eighth set of RDOF winning bids that are ready to be authorized – $313 million in ten-year RDOF support “to fund new broadband deployments in 19 states bringing service to over 130,000 locations.” According to the FCC’s News Release, so far, the RDOF program “has provided over $5 billion in funding for new deployments in 47 states to bring broadband to over 2.8 million locations.” A list showing each winning bid ready to be authorized, the corresponding long-form applicant, each winning bid’s total amount of 10-year support, and other details is available as Attachment A to the Public Notice.

For this eighth set of ready-to-be-authorized RDOF winning bids, FCC staff reviewed the long-form applications associated with the winning bids, and determined they met all legal, financial, and technical requirements. To be authorized to receive the listed support amounts, however, each RDOF winning bidder must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters for each state where they have winning bids that are ready to be authorized prior to 6:00 p.m. ET on April 8, 2022.

The FCC will continue to review RDOF long-form applications on a rolling basis, and will announce other approvals of long-forms in future public notices. Additional information on broadband providers set to receive RDOF Phase I auction support and RDOF funding amounts by state are available on the FCC’s RDOF auction website: https://www.fcc.gov/auction/904.

FCC Adds Three Companies To List Of Prohibited Communications Equipment & Services: AO Kaspersky Lab, China Mobile International USA Inc., & China Telecom (Americas) Corp.

March 25, 2022 – The FCC’s Public Safety and Homeland Security Bureau has announced the addition of the following three companies to its list of “covered” communications equipment and services:

AO Kaspersky Lab – Information security products, solutions, and services supplied, directly or indirectly, by AO Kaspersky Lab or any of its predecessors, successors, parents, subsidiaries, or affiliates.

China Mobile International USA Inc. – International telecommunications services provided by China Mobile International USA Inc. subject to section 214 of the Communications Act of 1934.

China Telecom (Americas) Corp. – Telecommunications services provided by China Telecom (Americas) Corp. subject to section 214 of the Communications Act of 1934.

“Covered” communications equipment or services are prohibited from U.S. communications networks because they have been “deemed to pose an unacceptable risk to the national security of the U.S. or the security and safety of U.S. persons.” The list should be read to include the named companies and their subsidiaries and affiliates. Under the Secure and Trusted Communications Networks Act, the FCC must publish and maintain a list of covered communications equipment and services. The initial list, containing five companies, was released in March 2021, and this addition of three companies is the first update. The Covered List is available on the Public Safety and Homeland Security Bureau’s supply chain website.

FCC Denies RHMD, LLC’s ETC Waiver Petition – RHMD, LLC Will Lose $18.3 Million In Rural Digital Opportunity Fund Support In Georgia

March 25, 2022 – The FCC’s Wireline Competition Bureau has issued an Order denying a waiver request submitted by RHMD, LLC that sought a waiver of the FCC’s June 7, 2021 deadline requiring each Rural Digital Opportunity Fund (RDOF) Phase I auction long-form applicant to demonstrate that it has been designated as an eligible telecommunications carrier (ETC) in each of the geographic areas for which it seeks to be authorized for RDOF support. The Bureau denied the waiver petition after determining RHMD “failed to engage in good faith efforts to pursue and obtain the required ETC designation and deny its petition.”

RHMD won $18,303,843.20 in 10-year RDOF support to deploy broadband service to 6,943 locations in Georgia. As a result of the decision to deny the ETC waiver request, RHMD is in default on its winning bids in Georgia. The FCC will eventually release a public notice officially announcing the default and loss of $18.3 million in RDOF support.

FCC Extends Covid Waiver Of Lifeline Program Rules Through June 30th

March 25, 2022 – The FCC’s Wireline Competition Bureau has extended prior waivers of certain Lifeline program rules governing documentation requirements for subscribers residing in rural areas on Tribal lands, reverification, recertification, general de-enrollment, and income documentation through June 30, 2022. The prior waivers were set to expire on Marcch 31, 2021. Pursuant to the Bureau’s Order, the following Lifeline program rules are waived through June 30, 2022: 54.405(e)(1); 54.405(e)(4); 54.410(a); 54.410(b)(1)(i)(B); and 54.410(f).

FCC Cancels Pacific Networks Corp. & ComNet (USA) LLC Authority To Provide Communications Services In U.S.

March 23, 2022 – The Federal Communications Commission has revoked the domestic authority of Pacific Networks Corp. and its wholly-owned subsidiary, ComNet (USA) LLC, and revoked and terminated their international authority. In the Order on Revocation and Termination, the FCC explains that the companies “are U.S. subsidiaries of a Chinese state-owned entity, and therefore they are subject to exploitation, influence, and control by the Chinese government and are highly likely to be forced to comply with Chinese government requests without sufficient legal procedures subject to independent judicial oversight.” Among other things, the FCC found the companies’ “ownership and control by the Chinese government raise significant national security and law enforcement risks by providing opportunities for the Companies, their parent entities and affiliates, and the Chinese government to access, monitor, store, and in some cases disrupt and/or misroute U.S. communications, which in turn allow them to engage in espionage and other harmful activities against the United States.” Consequently, Pacific Networks Corp. and ComNet (USA) LLC must discontinue all services provided pursuant to section 214 authority no later than 60 days from the release date of the order.

FCC Extends Eligible Locations Adjustment Process Stakeholder Registration Deadline To May 13th

March 22, 2022 – The FCC’s Wireline Competition Bureau has extended the deadline for individuals, non-governmental entities, and governmental entities to initiate the registration process for participating in the Eligible Locations Adjustment Process (ELAP) as a stakeholder to Friday, May 13, 2022, 11:59 PM ET. Those entities registered as stakeholders will be able to file challenges to the accuracy and completeness of the location information submitted by ELAP participants. According to the Public Notice, the Wireline Competition Bureau has accepted the filings of 26 different carriers in 23 states as meeting the minimum prima facie evidentiary standards for proceeding with the ELAP. This amounts to 36 different combinations of ELAP participants and states. The ELAP participants “seek reductions of their defined deployment obligations ranging from a 1% to 60% reduction.” The Bureau believes ELAP stakeholder challenges “will help mitigate the risk that adjustments to [the 26 ELAP carriers’] deployment obligations will result in previously funded, qualifying locations remaining unserved.”

FCC Releases Auction 108 Procedures – Bidding To Commence On July 29, 2022

March 21, 2022 – The FCC has released a Public Notice announcing the procedures to be used for Auction 108, which will make available approximately 8,000 new flexible-use, county-based overlay licenses in the 2.5 GHz band (2496–2690 MHz). The licenses cover areas with unassigned 2.5 GHz spectrum, which are mostly rural parts of the U.S. The Auction 108 Short-Form Application (FCC Form 175) filing window opens on April 27, 2022, at 12:00 p.m. ET and closes on May 10, 2022, at 6:00 p.m. ET. Upfront payments (via wire transfer) are due on June 23, 2022, at 6:00 p.m. ET. Other key details of Auction 108 include the following:

Start Date: Bidding in Auction 108 is scheduled to being on July 29, 2022.

Auction Type: Auction 108 will be conducted using an ascending clock auction with a supply of one in each category of frequency-specific channel blocks.

Auction 108 Bidding Tutorial: The Auction 108 bidding tutorial will be available online no later than July 13, 2022.

Mock Auction: The Auction 108 mock auction is scheduled for July 26-27, 2022.

Licenses: Auction 108 will offer geographic overlay licenses for unassigned spectrum in the 2.5 GHz (2496–2690 MHz) band.

Authorized Operations: The FCC has authorized both terrestrial fixed and mobile operations in the 2.5 GHz band.

Total Spectrum: 117.5 megahertz

Spectrum Blocks: Auction 108 will offer up to three blocks of spectrum – 49.5 megahertz, 50.5 megahertz, and 17.5 megahertz blocks, respectively – licensed on a county basis.

Channel Blocks: The first channel block will include channels A1–A3, B1–B3, C1–C3 (49.5 megahertz); the second channel block will include channels D1–D3, the J channels, and channels A4, B4, C4, D4, E4, F4 and G4 (50.5 megahertz); and the third channel block will include channels G1–G3 and the relevant K channels (16.5 megahertz of contiguous spectrum and 1 megahertz of the K channels associated with the G channel group, for a total of 17.5 megahertz).

License Term: New overlay licenses in the EBS portion of the 2.5 GHz band will be issued for 10-year, renewable license terms.

Small Business Bidding Credit: A bidder that qualifies as a “small business” – i.e., one with attributed average annual gross revenues that do not exceed $55 million for the preceding five years – to is eligible to receive a 15% discount on its overall payment. A bidder that qualifies as a “very small business” – i.e., one with attributed average annual gross revenues that do not exceed $20 million for the preceding five years – is eligible to receive a 25% discount on its overall payment.

Rural Service Provider Bidding Credit: An eligible applicant may request a 15% discount on its overall payment using a rural service provider bidding credit. To be eligible for a rural service provider bidding credit, an applicant must: (1) be a service provider that is in the business of providing commercial communications services and, together with its controlling interests, affiliates, and the affiliates of its controlling interests, has fewer than 250,000 combined wireless, wireline, broadband, and cable subscribers; and (2) serve predominantly rural areas. Rural areas are defined as counties with a population density of 100 or fewer persons per square mile.

Caps On Bidding Credits: There is a $25 million cap on the total bidding credit discount that may be awarded to an eligible small business, and a $10 million cap on the total bidding credit discount that may be awarded to an eligible rural service provider. Additionally, no winning designated entity bidder may receive more than $10 million in bidding credit discounts in total for licenses won in counties located within any partial economic area (PEA) with a population of 500,000 or less.

Tribal Lands Bidding Credit: A winning bidder that intends to use its licenses to deploy facilities and provide services to qualifying Tribal lands that have a wireline penetration rate equal to or below 85% is eligible to receive a Tribal lands bidding credit. A winning bidder must apply for a Tribal lands bidding credit after the auction when it files its FCC Form 601 post auction application. For additional information on the Tribal lands bidding credit, including how the amount of the credit is calculated, applicants should review the FCC’s rulemaking proceeding regarding Tribal lands bidding credits and related public notices.

Auction 108: FCC Releases Mapping Tool Showing High-Level View Of 2.5 GHz Spectrum Availability

March 21, 2022 – The FCC’s Wireless Telecommunications Bureau has released an Auction 108 mapping tool that can be used to help assess whether and to what extent there is unassigned 2.5 GHz spectrum available in any U.S. county. Auction 108 will make available approximately 8,000 new flexible-use, county-based overlay licenses in the 2.5 GHz band (2496–2690 MHz). The licenses cover areas with unassigned 2.5 GHz spectrum, which are mostly rural parts of the U.S. Bidding in Auction 108 is scheduled to being on July 29, 2022.

The Auction 108 mapping tool provides a high-level view of spectrum availability, and can be used to help assess whether and to what extent there is unassigned 2.5 GHz spectrum available in any U.S. county and county equivalents. However, the maps and data displayed in the tool are not an official representation of license or application status. Potential Auction 108 applicants are encouraged to consult the FCC’s Universal Licensing System (ULS) to confirm the status of any license or application for particular areas. The mapping tool, as well as instructions for its use, can be found under the Education tab on the Auction 108 website at www.fcc.gov/auction/108.

Mergers & Acquisitions: Mesa Telecoms Investments Acquiring Dobson Fiber And Wholly-Owned Subsidiaries

March 21, 2022 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 Application filed by Dobson CC Limited Partnership (DLP – the Transferor) and Mesa Telecoms Investments, LLC (the Transferee). The application requests FCC consent for the indirect transfer of control of Dobson Technologies, Inc. d/b/a Dobson Fiber and its wholly-owned subsidiaries, from DLP to Mesa Telecoms. Comments on the Section 214 application are due on or before April 4, 2022. Reply comments are due April 11, 2022.

In February 2022, DLP and Mesa Telecoms entered into a stock purchase agreement and related agreements whereby Mesa Telecoms will acquire 100% of the direct ownership interests in Dobson Fiber. The applicants “fully anticipate that Dobson Fiber’s existing management team will largely remain in place, and coupled with the financial resources and management and operational expertise of Transferee, will bring substantial benefits to customers.”

Dobson Fiber, based in Oklahoma, is a privately-owned company that holds ownership of various companies operating as ILECs and CLECs in Oklahoma, Arkansas, and Texas. Dobson Fiber’s wholly owned subsidiaries include Dobson Telephone Company, Inc., Dobson Technologies – Transport and Telecom Solutions, LLC, Lavaca Telephone Company, Inc., Pinnacle Telecom L.L.C., and Vantage Telecom, LLC. Dobson Telephone Company receives Alternative Connect America Cost Model support, while Lavaca receives cost-based CAF-BLS support. Through its subsidiaries, Dobson Fiber owns and operates a 4,900-mile fiber optic network in Arkansas, Oklahoma and Texas, and provides connectivity services to businesses, carriers and other wholesale providers. DLP will continue to participate in the ownership of Dobson Fiber through an indirect minority interest in Mesa Telecoms.

Mesa Telecoms is a newly formed Delaware limited liability company created as a holding entity for the transaction, and is an indirect subsidiary of Mesa Telecoms Holdings, L.P., a Delaware limited partnership. Ultimately, Mesa Telecoms is an indirect subsidiary of iCON Infrastructure Partners V, L.P. and iCON Infrastructure Partners V-B, L.P, which make up the iCON V Fund, “an infrastructure investment fund established in March 2020, focused on acquiring and managing a diversified range of infrastructure assets in Europe and North America.”

Rural Digital Opportunity Fund: FCC Authorizes RDOF Support For 5,223 Winning Bids (7th RDOF Authorization)

March 15, 2022 – The FCC’s Wireline Competition Bureau has announced it has authorized Rural Digital Opportunity Fund (RDOF) Phase I auction support for 5,223 winning bids. This is the seventh Public Notice authorizing RDOF support. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. Many of the authorized winning bids belong to Bright House Networks, Charter, and Time Warner Cable. The authorizations were granted after the Bureau reviewed long-form application information for each authorized winning bidder, including letters of credit and Bankruptcy Code opinion letters, and concluded the submissions were acceptable. Consequently, the Bureau has directed and authorized the Universal Service Administrative Company to obligate and disburse Universal Service Fund support to each winning bidder. Support will be disbursed in 120 monthly payments, beginning at the end of March 2022. The first broadband deployment milestone that must be met by the RDOF support recipients authorized by the Public Notice is 40% of locations in a state by December 31, 2025.

Second Quarter 2022 USF Contribution Factor: 23.8 Percent

March 14, 2022 – The Federal Communications Commission’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the second quarter of 2022 will be will be 23.8 percent. This is a slight decrease from the 1Q 2022 contribution factor of 25.2 percent. To provide more perspective, the USF contribution factors used for the four quarters of 2021 were all higher:

• 4Q 2021 – 29.1 %

• 3Q 2021 – 31.8 %

• 2Q 2021 – 33.4

• 1Q 2021 – 31.8 %

For the second quarter of 2022, the Universal Service Administrative Company (USAC) projects $8.751403 billion in total interstate and international end-user telecommunications revenues will be collected. (The 1Q 2022 total was $9.235846 billion.)

USAC estimates that $1.664020 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the second quarter of 2022. (The 1Q 2022 demand was $1.84091 billion.) Total second quarter 2022 demand includes projected program support, administrative expenses, and true-ups and adjustments, and breaks out as follows:

• E-Rate Schools & Libraries:  $563.22 million

• Rural Health Care: ($7.62) million

• High-Cost:  $880.14 million

• Lifeline:  $220.47 million

• Connected Care:  $7.81 million

If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

FCC Announces 2022 Funding Cap For E-Rate & Rural Health Care Programs

March 14, 2022 – The FCC’s Wireline Competition Bureau has announced the 2022 funding caps for the E-Rate and Rural Health Care programs. There is a 4.2% inflation-adjusted increase for each program.

E-Rate Program: The E-Rate funding cap for 2022 is $4,456,460,992.

Rural Health Care Program: The Rural Health Care funding cap for 2022 is $637,721,108. The internal cap for upfront payments and multi-year commitments in the Healthcare Connect Fund program is $161,022,761.

FCC Office Of Inspector General Issues Advisory On Improper And Abusive Enrollment Practices By Providers Of Lifeline, Emergency Broadband Benefit & Affordable Connectivity Program Services

March 11, 2022 – The FCC’s Office of Inspector General (OIG) has issued an advisory on improper and abusive enrollment practices by some providers of Lifeline, Emergency Broadband Benefit (EBB) and Affordable Connectivity Program (ACP) services. Specifically, the OIG has found that certain improper and abusive enrollment practices are part of some providers’ online enrollment processes:

These providers impermissibly tie enrollment in these programs by coercing and deceiving applicants for Lifeline service into enrolling in unwanted ACP/EBB service or into transferring their ACP/EBB service away from their preferred provider. Deceptive enrollment practices violate program rules including informed consent requirements and threaten program integrity by causing wasteful government outlays for undesired services. Such practices may also violate federal fraud statutes.

Providers of Lifeline, EBB, and ACP services are once again reminded that such deceptive practices violate the FCC’s rules. Any consumers that have experienced such improper and abusive enrollment practices should contact the FCC’s OIG using the OIG Hotline at (202) 418-0473 or Hotline@fcc.gov.

Rural Digital Opportunity Fund: FCC Ready To Authorize $640 Million In RDOF Support For 952 Winning Bids

March 10, 2022 – The FCC’s Rural Broadband Auctions Task Force, Wireline Competition Bureau, and Office of Economics and Analytics have announced they are ready to authorize support for 952 Rural Digital Opportunity Fund (RDOF) Phase I auction winning bids.

This is the seventh set of RDOF winning bids that are ready to be authorized – $640 million in ten-year RDOF support for “new broadband deployments in 26 states bringing service to nearly 250,000 locations.” According to the FCC’s News Release, so far, the RDOF program “has provided $4.7 billion in funding to nearly 300 carriers for new deployments in 47 states to bring broadband to almost 2.7 million locations.”

A list showing each winning bid ready to be authorized, the corresponding long-form applicant, each winning bid’s total amount of 10-year support, and other details is available as Attachment A to the Public Notice. Attachment B contains a list of default bids. These are bids that RDOF winners or their assignees have notified the FCC that they do not intend to pursue. RDOF support will not be authorized for those bids, and the winning bidders and assignees are in default and may be subject to forfeiture penalties.

For this seventh set of ready-to-be-authorized RDOF winning bids, FCC staff reviewed the long-form applications associated with the winning bids, and determined they met all legal, financial, and technical requirements. To be authorized to receive the listed support amounts, however, each RDOF winning bidder must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters for each state where they have winning bids that are ready to be authorized prior to 6:00 p.m. ET on March 24, 2022. The FCC will continue to review RDOF long-form applications on a rolling basis, and will announce other approvals of long-forms in future public notices. Additional information on broadband service providers set to receive RDOF Phase I auction support and RDOF funding amounts by state are available from the FCC’s RDOF auction website: https://www.fcc.gov/auction/904.

FCC Sets Final Agenda For March 16th Open Meeting

March 9, 2022 – The Federal Communications Commission has released the final agenda for its open meeting on March 16, 2022. The meeting is set to begin at 10:30 a.m., and will be streaming live at www.fcc.gov/live and on the FCC’s YouTube channel.

Preventing Digital Discrimination – The Commission will consider a Notice of Inquiry that would commence a proceeding to prevent and eliminate digital discrimination and ensure that all people of the United States benefit from equal access to broadband internet access service, consistent with Congress’s direction in the Infrastructure Investment and Jobs Act.  (GN Docket No. 22-69)

Resolving Pole Replacement Disputes – The Commission will consider a Second Further Notice of Proposed Rulemaking that would seek comment on questions concerning the allocation of pole replacement costs between utilities and attachers and ways to expedite the resolution of pole replacement disputes.  (WC Docket No. 17-84)

Selecting Final Round of Applicants for Connected Care Pilot Program – The Commission will consider a Public Notice announcing the fourth and final round of selections for the Commission’s Connected Care Pilot Program to provide Universal Service Fund support for health care providers making connected care services available directly to patients.  (WC Docket No. 18-213)

Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.

National Security Matter – The Commission will consider a national security matter.

FCC Releases Data Specification Guidance For The Upcoming Broadband Data Collection

March 4, 2022 – The FCC’s Broadband Data Task Force and Office of Economics and Analytics have published data specifications for the FCC’s new Broadband Data Collection (BDC). The information provides guidance for fixed and mobile broadband providers on how to prepare and format subscription, availability, and other broadband deployment data for submission into the FCC’s BDC system.

In February 2022, the FCC announced it will begin accepting broadband availability data filed pursuant to the new BDC rules and procedures on June 30, 2022. All facilities-based providers of fixed and mobile broadband Internet access service must submit broadband availability data as of June 30, 2022, to the BDC online filing system no later than September 1, 2022. The FCC’s new BDC program is an improved effort to collect geospatial broadband deployment data from broadband providers, as well as crowdsourced data to challenge the accuracy of the submitted data. Additional information on the BDC data specifications are available on the FCC’s BDC website.

USAC Files Second Quarter 2022 USF Contribution Base Data: $8.751 Billion

March 2, 2022 – The Universal Service Administrative Company (USAC) has filed projected universal service fund (USF) contribution base data which will be used to determine the USF contribution factor for the second quarter of calendar year 2022. USAC has determined that the total projected collected interstate and international end-user telecommunications revenue base for the second quarter of 2022 is $8,751,403,396.

To provide a comparison, the total USF contribution base amounts for the past nine quarters were as follows:

• First Quarter 2022:  $9,235,845,776

• Fourth Quarter 2021:  $9,517,295,012

• Third Quarter 2021:  $9,665,944,070

• Second Quarter 2021:  $9,905,669,690

• First Quarter 2021:  $10,068,712,553

• Fourth Quarter 2020:  $10,428,377,862

• Third Quarter 2020:  $10,219,123,520

• Second Quarter 2020:  $10,865,131,593

• First Quarter 2020:  $11,129,976,956

USAC’s estimated revenue base for the second quarter of 2022 was derived from projected collected revenue for April to June 2022 reported by telecommunications service providers using FCC Form 499-Q submitted in February 2022 – 4,711 reporting providers, of which 3,012 are USF contributors and 1,699 are non-contributing de minimis service providers. As of February 18, 2022, USAC has yet to receive information from 176 non-de minimis telecommunications service providers that had previously submitted Form 499-Q revenue information to USAC.

After the Federal Communications Commission (FCC) approves the total USF contribution base, the quarterly funding requirements for USF support mechanisms, and projected USF administrative costs, the FCC will establish a USF contribution factor for the second quarter of 2022. The new contribution factor will be announced by an FCC Public Notice. USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor.

GAO Denies LightBox Challenge Of FCC Broadband Mapping Fabric Contract Award

March 1, 2022 – The U.S. Government Accountability Office has denied a bid protest filed by LightBox Parent, LP challenging the FCC’s decision to award a $44.9 million contract to CostQuest Associates Inc. to create a Broadband Serviceable Location Fabric. After LightBox filed its challenge, the FCC was required to halt its work on the Fabric and give the GAO 100 days to issue a decision on the protest. Now that GAO has issued a denial, the FCC can restart its work with CostQuest on the further development and implementation of the Fabric.

The FCC released a Request for Proposals (RFP) to create the Broadband Serviceable Location Fabric on June 1, 2021, with responses due July 1, 2021. However, a pre-award protest was filed with Government Accountability Office following the RFP response deadline, which forced the FCC to issue a revised RFP on August 13, 2021. Revised proposals were due August 26, 2021. The $44.9 million contract to develop the Fabric was then ultimately awarded on November 9, 2021, to CostQuest. LightBox, who also submitted a proposal in response to the Fabric RFP, filed its bid protest challenging the FCC’s decision pursuant to the Federal Acquisition Regulation process on November 29, 2021.

The “Broadband Serviceable Location Fabric” will be a common dataset of all locations in the U.S. where fixed broadband internet access service can be installed, and is a key component of the FCC’s new Broadband Data Collection program. Broadband service providers will provide the FCC with granular and detailed coverage data which will be layered on top of the Fabric, thereby giving the FCC an accurate picture of broadband coverage in the U.S. and creating a more accurate national broadband map.

The FCC recently announced that it will begin accepting broadband availability data filed pursuant to the FCC’s new Broadband Data Collection (BDC) rules and procedures on June 30, 2022. All facilities-based providers of fixed and mobile broadband Internet access service must submit broadband availability data as of June 30, 2022, to the BDC online filing system no later than September 1, 2022.

February 2022

FCC Releases Notice Of Inquiry To Examine Internet Global Routing System Vulnerabilities

February 28, 2022 – The Federal Communications Commission has released a Notice Of Inquiry (NOI) to “begin an inquiry into the vulnerabilities of the Internet’s global routing system.”  Specifically, in the NOI, the FCC is seeking “comment on vulnerabilities threatening the security and integrity of the Border Gateway Protocol (BGP), which is central to the Internet’s global routing system, its impact on the transmission of data from email, e-commerce, and bank transactions to interconnected Voice-over Internet Protocol (VoIP) and 9-1-1 calls, and how best to address them.” Comments in response to the NOI are due on or before 30 days after the NOI is published in the Federal Register. Reply comments are due 60 days after publication.

FCC Chair Circulates Notice Of Inquiry To Examine Internet Global Routing System Vulnerabilities

February 25, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has circulated a Notice Of Inquiry (NOI) among her fellow FCC Commissioners which would “begin an inquiry into the vulnerabilities of the Internet’s global routing system.” If adopted and released, the NOI would request public comment on vulnerabilities threatening the security and integrity of the Internet’s Border Gateway Protocol (BGP), which “is the routing protocol used to exchange reachability information among independently managed networks on the Internet.” The NOI “would also examine the impact of these vulnerabilities on the transmission of data through email, e-commerce, bank transactions, interconnected Voice-over-Internet Protocol (VoIP), VoIP, and 911 calls – and how best to address these challenges.” According to the FCC’s News Release, the NOI proceeding is intended to help protect America’s communications networks against cyberattacks, and was released shortly after the U.S. Department of Homeland Security “warned U.S. organizations at all levels that they could face cyber threats stemming from the Russia-Ukraine conflict.”

NTIA Awards Over $277 Million In Broadband Infrastructure Program Grants

February 25, 2022 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has announced it has awarded 13 grants under its Broadband Infrastructure Program (BIP) totaling more than $277 million. Funding “will be used to connect more than 133,000 unserved households.” The NTIA BIP grants were awarded to the following 12 states and one territory: Georgia, Guam, Kentucky, Louisiana, Maine, Mississippi, Missouri, Nevada, North Carolina, Pennsylvania, Texas, Washington, and West Virginia. Additional information on the BIP grants is available from NTIA’s press release.

FCC To Hold Virtual Public Hearing On Broadband Consumer Labels On March 11, 2022

February 23, 2022 – The Federal Communications Commission (FCC) has announced it will hold a virtual public hearing on broadband consumer labels on March 11, 2022, at 1:30 p.m. ET. The virtual public hearing will stream live online at www.FCC.gov/live, and will be recorded and archived on the FCC’s website. Attendees can submit questions in advance of or during the hearing by sending an email to BroadbandLabelsHearing@fcc.gov.

The FCC kicked off the broadband consumer labels proceeding with a January 27, 2022 Notice of Proposed Rulemaking that proposed rules that would “require that broadband Internet access service providers (ISPs) display, at the point of sale, labels to disclose to consumers certain information about prices, introductory rates, data allowances, broadband speeds, and management practices, among other things.” According to the Public Notice, the first hearing will evaluate the effectiveness of the FCC’s current transparency rule, and provide necessary background for a new label requirement, including whether additional disclosure requirements may be necessary.

FCC Tentative Agenda For March 16 Open Meeting

February 23, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced a tentative agenda for the FCC’s March 16, 2022 open meeting containing the following items:

Preventing Digital Discrimination – The Commission will consider a Notice of Inquiry that would commence a proceeding to prevent and eliminate digital discrimination and ensure that all people of the United States benefit from equal access to broadband internet access service, consistent with Congress’s direction in the Infrastructure Investment and Jobs Act.  (GN Docket No. 22-69)

Resolving Pole Replacement Disputes – The Commission will consider a Second Further Notice of Proposed Rulemaking that would seek comment on questions concerning the allocation of pole replacement costs between utilities and attachers and ways to expedite the resolution of pole replacement disputes.  (WC Docket No. 17-84)

Selecting Final Round of Applicants for Connected Care Pilot Program – The Commission will consider a Public Notice announcing the fourth and final round of selections for the Commission’s Connected Care Pilot Program to provide Universal Service Fund support for health care providers making connected care services available directly to patients.  (WC Docket No. 18-213)

Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.

National Security Matter – The Commission will consider a national security matter.

FCC Designates RDOF Auction Winners Cyber Broadband & Tombigbee Communications As ETCs In Alabama

February 22, 2022 – The FCC’s Wireline Competition Bureau has designated Cyber Broadband Inc. and Tombigbee Communications, LLC as eligible telecommunications carriers (ETCs) in Alabama. The ETC designation is limited to the areas in Alabama where the two providers were Rural Digital Opportunity Fund (RDOF) Phase I auction winners. Specifically, ETC designation in the areas in Alabama “is conditioned upon, limited to, and effective upon the carriers’ authorization to receive support under the [RDOF] program.” Additionally, the Bureau has stated that “[a]ny such ETC designation covering RDOF supported areas, however, should not be interpreted as an entitlement to support or an indication that the Bureau will ultimately authorize the petitioner for support.”

Broadband Data Collection – FCC To Start Accepting Filings On June 30, 2022 – Submissions Due No Later Than September 1, 2022

February 22, 2022 – The FCC has announced that it will begin accepting broadband availability data filed pursuant to the FCC’s new Broadband Data Collection (BDC) rules and procedures on June 30, 2022. All facilities-based providers of fixed and mobile broadband Internet access service must submit broadband availability data as of June 30, 2022, to the BDC online filing system no later than September 1, 2022. The FCC’s new BDC program is an improved effort to collect geospatial broadband deployment data from broadband providers, as well as crowdsourced data to challenge the accuracy of the submitted data. Broadband providers will submit granular coverage maps (polygons) showing the locations where they currently provide broadband service or could provide service within 10 business days of receiving a request for service. Data will include service to residential and business locations, speed, and latency. This deployment data must conform to FCC-adopted “buffer” distances – specific network facility distances from aggregation points based on the type of technology used. Data submissions must eventually conform to the forthcoming Broadband Serviceable Location Fabric, which is a common dataset that defines all locations that need and can receive broadband service in the U.S. Broadband providers must have a corporate officer and qualified engineer certify the accuracy of their submitted data. In a future Public Notice, the FCC will provide additional information for filers, including data specifications on how to prepare their data for submission in the BDC system.

USDA Extends ReConnect Program Application Deadline To March 9, 2022

February 17, 2022 – The U.S. Department of Agriculture (USDA) has announced that it is extending the ReConnect Program application deadline to March 9, 2022. The application filing window was originally set for November 24, 2021, applications can be submitted through February 22, 2022. Now, applications must be submitted prior to 11:59 a.m. Eastern on March 9, 2022. In this iteration of the ReConnect Program, USDA is making available $200 million in ReConnect loans, $250 million in loan/grant combinations, $350 million in grants with a 25% matching requirement, and $350 million in grants with no matching requirement for Tribes and projects in socially vulnerable communities. Funding will be awarded to expand the availability of high-speed broadband internet access services in rural areas. ReConnect Program applications must be submitted through USDA Rural Development’s online application system. Additional information on ReConnect Program funding requirements can be found in the Funding Opportunity Announcement. Eligible applicants are state, local or territory governments; corporations; Native American Tribes; limited liability companies and cooperative organizations. To be eligible for ReConnect Program funding, a proposed project must serve a rural area where at least 90 percent of households do not have access to broadband service at speeds of 100 Mbps download and 20 Mbps upload, and commit to building facilities capable of providing broadband service at speeds of 100 Mbps, download and upload, to every location in its proposed service area. USDA will prioritize projects that will serve low-density rural areas with locations lacking internet access services at speeds of at least 25/3Mbps. USDA will also consider, among other things, the economic needs of the community to be served; the extent which a provider will offer affordable service options; a project’s commitment to strong labor standards; and whether a project is serving tribal lands or is submitted by a local government, Tribal Government, non-profit or cooperative.

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