24 GHz Band Auction 102 Upfront Payments Due February 19th

January 31, 2019 – The FCC has announced that the upfront payment deadline for Auction 102 – the auction of Upper Microwave Flexible Use Service licenses in the 24.25–24.45 and 24.75–25.25 GHz (24 GHz) band – is February 19, 2019, at 6:00 p.m. ET. The FCC’s Public Notice also sets the following remaining pre-auction dates and deadlines for Auction 102:

• Bidding Tutorial Available – No later than February 15, 2019

• Mock Auction – March 11, 2019

• Start of Bidding in Auction 102 – March 14, 2019

Unless otherwise noted by the FCC, all dates and deadlines set forth in the Public Notice will not be affected by any future government shutdown.

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Mississippi Passes Law Allowing Electric Cooperatives To Provide Broadband

January 30, 2019 – The Mississippi legislature has passed a law allowing electric cooperatives to provide broadband Internet access service. The new law – the Mississippi Broadband Enabling Act – overturns a 75 year old law restricting member-owned electric companies from offering anything but electric service. Every electric cooperative in Mississippi is now authorized to establish one or more broadband affiliates that may construct, maintain, lease, and operate a broadband system on the electric cooperative’s electric delivery system and provide broadband services to the public. With passage of the law, Mississippi’s two dozen electric cooperatives will be able to apply for federal grants and loans available for rural broadband projects such as those offered under USDA’s ReConnect Program.

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FCC Revises Filing Deadline Extensions

January 29, 2019 – The Federal Communications Commission has revised certain filing deadline extensions previously established following the reopening of the federal government. During the government shutdown, the FCC’s filing window, mail operations, and electronic filing systems were unavailable or unsupported. The FCC, on January 2 and January 28, extended the deadlines for filings that would have been due during the government shutdown. However, the FCC’s January 29 Public Notice supersedes the other extensions to the extent they are inconsistent with any deadlines or time periods set forth therein. The following extensions have been provided:

• Filings that were due between January 3 and January 7, inclusive, will be due on January 30, 2019.

• Filings that would otherwise be required to be filed between January 8 and February 7 will be due for filing on February 8, 2019.

The extensions do not apply to NORS and DIRS filings and filings related to spectrum auction activities authorized by Section 309(j), including the broadcast incentive auction. Additionally, the Public Notice states that FCC Bureaus and Offices may set additional deadlines for filings in specific proceedings or classes of proceedings, and FCC staff will consider requests for further extensions in individual matters as appropriate.

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FCC Announces February 14th Open Meeting

January 29, 2019 – The Federal Communications Commission has announced that its February open meeting will take place on Thursday, February 14, 2019 at 10:30 a.m. EST. The tentative agenda contains the items that were originally scheduled for the January 2019 meeting but were withdrawn due to the government shutdown.

Transitioning to CAF Phase II Auction Support in Price Cap Areas – The FCC will consider a Report and Order establishing a schedule to end Connect America Fund (CAF) Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WC Docket No. 10-90)

Licensing Noncommercial Educational Broadcast and Low Power FM Stations – The FCC will consider a Notice of Proposed Rulemaking proposing revisions to the Commission’s NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)

Elimination of Form 397 – The FCC will consider a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the FCC’s rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)

Internet Protocol Captioned Telephone Service – The FCC will consider a Report and Order, Further Notice of Proposed Rulemaking, and Order adopting some measures, and seeking comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123) Anti-Spoofing Provisions of the RAY BAUM’S Act – The FCC will consider a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-355, 11-39)

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FCC Extends Certain Filing Deadlines To January 30

January 28, 2019 – The Federal Communications Commission has extended certain filing deadlines to January 30th following the reopening of the federal government. During the shutdown, the FCC’s filing window, mail operations, and electronic filing systems were unavailable or unsupported. On January 2, 2019, the FCC announced that all filings that would have been due during the government shutdown would become due on the business day following the resumption of normal operations. However, the FCC has extended those deadlines by one additional day. Accordingly, deadlines for all filings that would have been due from January 3, 2019, through January 29, 2019, are now extended until January 30, 2019. The FCC also expects to issue further guidance on other revised filing deadlines.

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Senators Urge FCC & FTC To Investigate Nationwide Wireless Providers Over The Sale Of Consumers’ Location Data

January 24, 2019 – A group of 15 U.S. Senators have written to the heads of the Federal Communications Commission and the Federal Trade Commission, urging them to investigate the sale of consumers’ location information data by mobile wireless carriers, location data aggregators, and other third parties. In late 2018, the New York Times and other media outlets reported that the four nationwide mobile wireless providers were selling their customers’ location data to third parties without the knowledge or consent of their customers. In response, AT&T, Sprint, T-Mobile, and Verizon publicly vowed to end the practice, but an article published in early January 2019 claimed three of the four wireless providers were still selling their customers’ location data. In their letter to the FCC and FTC, the 15 Senators state that the largest wireless providers have failed to regulate themselves or police the practices of their business partners, and call for a broad investigation of each wireless provider and their business relationships with location data aggregators.

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28 GHz Band Auction Closes, Gross Bids Total $702 Million

January 24, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that Auction 101 has ended after 176 rounds. Gross bids totaled $702.57 million. Bidders won a total of 2,965 Upper Microwave Flexible Use Service licenses in the 28 GHz band. A forthcoming public notice will specify future deadlines for upfront payments and long-form applications, and will provide details for other post-auction procedures. The identities of Auction 101 winning bidders will remain non-public until after the close of bidding in Auction 102 (24 GHz auction).

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FCC To Conduct January 30 Open Meeting Via Conference Call

January 23, 2019 – The FCC has announced it will hold an open meeting on Wednesday, January 30, 2019. However, due to the current partial lapse in appropriations, the meeting will be conducted via conference call, and the items previously set forth in the January 3, 2019 tentative agenda will not be considered. Meeting participants can listen to the audio only of the meeting by calling 1-866-233-3841 and using pass code 463377, but capacity may be limited. Callers may call in up to ten minutes before the scheduled meeting time.

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Court Of Appeals Announces Oral Argument Format For Net Neutrality Challenge

January 23, 2019 – The U.S. Court of Appeals for the District of Columbia Circuit has released the oral argument format for Mozilla Corporation v. FCC, the judicial challenge to the FCC’s Restoring Internet Freedom Order which repealed net neutrality rules. The Court has apportioned the 150 minute argument to cover the various issues as follows:

• Non-Government Petitioners will have 50 minutes to address reclassification, Section 706, and competition (25 min), and Administrative Procedure Act, Section 257, and mobile broadband service (25 min).

• Government Petitioners will have 25 minutes to address the FCC’s consideration of public safety and government services (10 min) and preemption of state law (15 min).

• Respondents will have 60 minutes for all issues.

• ISP Intervenors will have 15 minutes for all issues.

The oral argument is scheduled for Friday February 1, 2019, at 9:30 a.m. in Courtroom 20.

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Senators Introduce Social Media Privacy and Consumer Rights Act

January 17, 2019 – Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) have introduced the Social Media Privacy and Consumer Rights Act, a bipartisan bill aimed at protecting the privacy of consumers’ online data. If passed, the legislation would require online platforms such as Facebook, Twitter, Instagram, and any other platform that collects personal data of a user to use plain language to explain to consumers how their data is being used, allow consumers to opt out of certain data tracking and collection, and notify consumers of privacy violations within 72 hours of a breach. Senators Klobuchar and Kennedy introduced similar legislation during the 115th Congress, but the bill failed to advance out of the Senate Committee on Commerce, Science, and Transportation.

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National Lifeline Eligibility Verifier Hard Launches In Five States

January 15, 2019 – The Universal Service Administrative Company has announced that the Lifeline program’s National Eligibility Verifier has hard launched in Guam, Hawaii, Idaho, New Hampshire, North Dakota, and South Dakota. Lifeline service providers in these states and Guam must use the National Verifier to check the eligibility of all applicants before enrolling them in the universal service Lifeline program. Additionally, consumers in these states and Guam can apply for Lifeline directly through the National Verifier online consumer portal or by mailing a paper application to the Lifeline Support Center. More information about the National Verifier is available online from USAC.

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Nebraska Public Service Commission Investigating CenturyLink Outage

January 15, 2019 – The Nebraska Public Service Commission has opened an investigation into the nationwide outage experienced by CenturyLink on December 27th. The outage, which prevented consumers across the country from reaching 911 emergency services, disrupted 911 service in Nebraska. By opening an investigation, the Nebraska PSC intends to “develop further information on the impact of the outage in Nebraska,” in order to prevent such outages in the future and better respond outages that do occur. The Nebraska PSC also believes the investigation may help inform decisions on the best ways to implement next generation 911 networks in the state. In December 2018, FCC Chairman Ajit Pai has announced that the FCC’s Public Safety and Homeland Security Bureau had launched an investigation into the nationwide outage experienced by CenturyLink.

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Rep. Collins Introduces Connect America Fund Accountability Act Of 2019

January 10, 2019 – Representative Doug Collins (R-GA) has introduced the Connect America Fund Accountability Act of 2019 (H.R. 427). The bill would require providers of fixed broadband service that receive universal service fund support “to include certain additional information in their speed and latency reports to the Federal Communications Commission.” Currently, broadband providers that receive universal service support are required to annually report on the speeds and latency provided to consumers within their service areas. In July 2018, the FCC’s Wireline Competition Bureau, the Wireless Telecommunications Bureau, and Office of Engineering and Technology released an Order setting a framework for measuring speed and latency performance for broadband providers. Representative Collins’ bill also directs the Universal Service Administrative Company, when determining whether to audit reports, to “consider the number and frequency of complaints submitted to the FCC for the broadband service of a carrier.”

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FCC Reminder: Petitions For Reconsideration of CBRS Order Due January 7th

January 4, 2019 – The FCC has issued a Public Notice to remind interested parties that petitions for reconsideration of the FCC’s 3.5 GHz Report and Order are due on or before January 7, 2019. The 3.5 GHz Report and Order revised the service rules for the 3550-3700 MHz band to “ensure its potential use for 5G as well as other high-speed broadband technologies.” The 3.5 GHz band is commonly referred to as the Citizens Broadband Radio Service band.

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Minnesota Department of Commerce Finds Frontier Violated At Least 35 Minnesota Laws And Utility Commission Rules

January 4, 2019 – The Minnesota Department of Commerce has issued a report on its investigation of Frontier Communications’ service quality, customer service, and billing practices. The investigation was requested by the Minnesota Public Utilities Commission  in April 2018. After reviewing approximately one thousand customer complaints, the Minnesota Department of Commerce concluded “it appears that Frontier has been violating at least 35 separate laws and rules that the [Public Utilities] Commission has clear authority to enforce through this regulatory proceeding.” In the conclusion of the report, the Minnesota Department of Commerce notes that, among other things, the Public Utilities Commission has the authority to revoke or temporarily suspend Frontier’s ability to provide service, but these are not viable options because Minnesotans would be left without a service provider.

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FCC Denies Sandwich Isles Petition To Reconsider Improper USF Payments Order

January 3, 2019 – The FCC has released an order denying a petition for reconsideration filed by Sandwich Isles Communications, Inc. that sought to overturn a 2016 FCC order stripping Sandwich Isles of improper universal service fund payments. Sandwich Isles, in its reconsideration petition, claimed the FCC ignored legal arguments and factual submissions when it concluded Sandwich Isles received more than $27 million in high-cost universal service support to which it was not entitled. The FCC disagreed, labeling the evidence put forth by Sandwich Isles to support its claims “incomplete, unpersuasive, or else outright contradictory to other facts and claims made elsewhere.”

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FCC Releases Tentative Agenda For January Open Meeting

January 3, 2019 – Federal Communications Commission Chairman Ajit Pai has announced the following tentative agenda for the FCC’s next open meeting scheduled for Wednesday, January 30, 2019:

Transitioning to CAF Phase II Auction Support in Price Cap Areas – The FCC will consider a Report and Order establishing a schedule to end Connect America Fund Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WT Docket No. 10-90)

Licensing Noncommercial Educational Broadcast and Low Power FM Stations – The FCC will consider a Notice of Proposed Rulemaking that proposes revisions to the Commission’s NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)

Elimination of Form 397 – The FCC will consider a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the Commission's rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)

Internet Protocol Captioned Telephone Service – The FCC will consider a Report and Order, Further Notice of Proposed Rulemaking, and Order to adopt measures, and seek comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123)

Anti-Spoofing Provisions of the RAY BAUM’S Act – The FCC will consider a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-355, 11-39) 

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FCC Extends Timeframe For Collection Of Mobility Fund Phase II Speed Test Data

January 3, 2019 – The FCC has issued an order extending the timeframe for the collection of speed test data for the Mobility Fund Phase II challenge process by 90 days. The timeframe for the collection of information to respond to a challenge has also been extended “by at least 90 days.” The extension will allow for challengers’ speed test data collected on or after February 27, 2018, and through the entire 240-day challenge window, to be submitted and considered with a challenge. 

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