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May 2019 News Update

FCC Releases NPRM Proposing To Cap Universal Service Fund

May 31, 2019 – The FCC has released a Notice of Proposed Rulemaking that seeks comment on establishing a cap on the Universal Service Fund (USF). The FCC proposes setting an annual $11.42 billion limit for the USF, which is the sum of the authorized budgets for the four universal service programs in 2018. Comment is requested on how to adjust the cap over time to ensure it keeps pace with inflation. Comments in response to the NPRM are due 30 days after the date the NPRM is published in the Federal Register. Reply comments are due 60 days after Federal Register publication.

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FCC Delays Start Of Broadband Performance Testing Until First Quarter Of 2020

May 30, 2019 – The FCC’s Wireline Competition Bureau has delayed the start of the universal service fund-supported broadband network performance testing requirements until the first quarter of 2020. In July 2018, the FCC released an Order setting a framework for measuring speed and latency performance that applies to broadband providers receiving high-cost universal service fund support to serve fixed locations. These broadband providers are required to measure the speed and latency of their services from customer premises to a remote test server located at or reached by passing through an FCC-designated Internet Exchange Point. Broadband providers were set to begin testing in the third and fourth quarters of 2019, and start reporting results with an accompanying certification by July 1, 2020. The Bureau’s decision delays the start of testing until the first quarter of 2020. The reasons for the delay given by the Bureau are the numerous “issues raised in the petitions for reconsideration and applications for review, the need for additional technical development of the interfaces required, and the requirement for PRA approval.”

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Wireline Bureau Seeking Comment On Petition For Changes To E-Rate Rules To Prevent Network Overbuilding

May 30, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on a petition for rulemaking filed by filed by Central Texas Telephone Cooperative, Inc., Peoples Telephone Cooperative, Inc., and Totelcom Communications, LLC. The three rural Texas broadband providers want the FCC to initiate a rulemaking proceeding to revise the universal service Schools and Libraries – E-Rate – Program competitive bidding rules “to include safeguards which would discourage overbuilding of existing federally supported fiber networks.” Specifically, they want the FCC to incorporate a public challenge process that requires E-Rate applicants seeking funding for special construction fiber projects, whether for self-provisioned networks or networks owned by a commercial provider, to confirm that no existing fiber facilities exist. Comments are due July 1, 2019, and reply comments July 16, 2019.

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5G Leadership Act Would Reimburse Carriers That Replace Huawei, ZTE Equipment

May 22, 2019 – A bipartisan group of Senators have introduced S.1625, the “United States 5G Leadership Act of 2019,” which creates a national plan for the deployment and security of 5G networks. The bill, if enacted, would prohibit communications networks from containing any equipment or software made by Huawei, ZTE, other China-based companies, and any other entity that poses a national security risk to the U.S. It also would prohibit the use of universal service fund support to purchase communications network equipment and services from such companies. The legislation would create a $700 million Supply Chain Security Trust Fund to provide equipment replacement grants to service providers that replace communications equipment and services purchased from Huawei, ZTE, and any other blacklisted companies prior to August 14, 2018. Communications providers with not more than 6,000,000 customers would be eligible to receive a grant. The bill is sponsored by Senator Roger Wicker (R-MS), and cosponsored by Senators Tom Cotton (R-AR), Mark Warner (D-VA), and Edward Markey (D-MA), and has been referred to the Senate Committee on Commerce, Science, and Transportation.

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Rural Broadband Providers Petition FCC For Changes To E-Rate Rules To Prevent Overbuilds

May 22, 2019 – Three rural Texas broadband providers the have filed a petition requesting the FCC initiate a rulemaking proceeding to revise the universal service Schools and Libraries – E-Rate – Program competitive bidding rules. Specifically, the rural broadband providers want the E-Rate bidding rules “to include safeguards which would discourage overbuilding of existing federally supported fiber networks.” E-Rate rules currently allow schools, libraries, and consortia to construct their own broadband networks when self-construction is the most cost-effective solution to obtaining high-speed Internet access, which the rural Texas broadband providers claim can lead to overbuilding, especially when there are a limited number of responses to an applicant’s request for proposals. They propose the FCC first adopt rules that prohibit the use of universal service funds for special construction of fiber networks that overbuild existing fiber networks. To determine whether fiber already exists, the Texas broadband providers suggest that the FCC incorporate a public challenge process that requires E-Rate applicants seeking funding for special construction fiber projects, whether for self-provisioned networks or networks owned by a commercial provider, to confirm that no existing fiber facilities exist.

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Commerce Department’s BIS Grants 90-Day License For Huawei Products

May 20, 2019 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has issued a Temporary General License (TGL) amending the Export Administration Regulations (EAR) to authorize specific, limited engagement in transactions involving the export, reexport, and transfer of items to Huawei Technologies Co. Ltd. and its sixty-eight non-U.S. affiliates. On May 16, 2019, the BIS added Huawei and its 68 non-U.S. affiliates the list of entities reasonably believed to be involved, or to pose a significant risk of being involved, in activities contrary to the national security or foreign policy interests of the U.S. The TGL is effective May 20, 2019 and lasts 90 days. In the official announcement, Secretary of Commerce Wilbur Ross stated, “The Temporary General License grants operators time to make other arrangements and the Department space to determine the appropriate long term measures for Americans and foreign telecommunications providers that currently rely on Huawei equipment for critical services.” The TGL “will allow operations to continue for existing Huawei mobile phone users and rural broadband networks.”

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FCC Chairman Announces Intention To Approve T-Mobile Purchase Of Sprint

May 20, 2019 – FCC Chairman Ajit Pai has announced he will recommend that T-Mobile’s purchase of Sprint be approved. The two nationwide mobile wireless providers announced they had reached an agreement to merge in April 2018, with the FCC officially beginning its review of the transaction in June 2018. In order to receive FCC approval for their merger, T-Mobile and Sprint have reportedly agreed to comply with the following commitments:

  • deploy a 5G network that covers 97% of the U.S. population within three years of closing the merger, and 99% within six years

  • deploy 5G service to 85% of rural Americans within three years of closing the merger, and 90% within six years

  • guaranteeing that 90% of Americans will have access to mobile broadband service at speeds of at least 100 Mbps, and 99% will have access to speeds of at least 50 Mbps

  • a commitment not to raise prices for three years

  • a commitment to divest Boost Mobile

If the merger is approved with the proposed conditions, failure to comply could result in payments to the U.S. Treasury totaling billions of dollars, among other things. In his announcement, Chairman Pai stated, “In light of the significant commitments made by T-Mobile and Sprint as well as the facts in the record to date, I believe that this transaction is in the public interest and intend to recommend to my colleagues that the FCC approve it.” FCC Commissioner Brendan Carr also has announced his support for the transaction following the two companies’ agreement to comply with the merger conditions.

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FCC Recharters Technological Advisory Council, Next Meeting Set For June 21

May 20, 2019 – The FCC has announced that it has rechartered the Technological Advisory Council (TAC) for a two-year term beginning May 17, 2019. The TAC, which is comprised of a diverse group of technology experts, provides guidance to the FCC on various tech policy issues. A list of members is available here. During the new term, the TAC will consider and advise the FCC on a variety of topics such as the deployment of 5G technology, the evolution of broadband networks and devices and their implications, the spectrum needs of unmanned aircraft systems, new developments in antenna technology, and the applications of artificial intelligence to telecommunications networks. The FCC has announced that the next meeting of the TAC will be held on Friday June 21, 2019, from 10:00 a.m. to 4:00 p.m.

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FCC Invites Comment On Nationwide Number Porting Proposals

May 17, 2019 – The FCC’s Wireline Competition Bureau has invited comments on a report from the North American Numbering Council’s nationwide number portability issues working group. The report analyzes the technical requirements for two proposals to implement nationwide number portability: (1) National Local Routing Number, and (2) Internet Protocol Local Routing Number. For each proposal, the report discusses which entities will need to make changes to their networks, which entities will bear the most costs, as well as which entities will reap the most benefits. Additionally, the report contains an explanation of call flows for each proposal, considers the impact on switching, transit, and termination functions, and provides a review of call routing for each proposal. Comments are due on or before June 7, 2019.

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Commerce Department’s BIS Adds Huawei To List Of Entities That Pose Threat To U.S.

May 16, 2019 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has added Huawei and 68 non-U.S. affiliates of Huawei to the list of entities reasonably believed to be involved, or to pose a significant risk of being involved, in activities contrary to the national security or foreign policy interests of the U.S. Huawei was added to the Entity List based on, among other things, its indictment in the U.S. District Court for the Eastern District of New York for violating U.S. law by exporting goods, technology, and services from the U.S. to Iran and the government of Iran. The BIS decision prohibits exports, reexports, or transfers (in-country) of Huawei equipment, software, and technology without a license. Applications for such licenses are subject to a review policy with a presumption of denial. The full Entity List is available online from the Department of Commerce.

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FCC Re-Charters Broadband Deployment Advisory Committee, Announces First Meeting

May 16, 2019 – FCC Chairman Ajit Pai has re-chartered the Broadband Deployment Advisory Committee (BDAC), appointed members to serve on the committee, and set the first meeting for Thursday, June 13, 2019, at 9:30 am. Chairman Pai has designated Elizabeth Bowles, President and Chair of Aristotle, Inc., to continue to serve as Chair of the BDAC, and David Young, Fiber Infrastructure and Right of Way Manager, City of Lincoln, Nebraska, to continue to serve as Vice Chair. In general, the BDAC will continue to work on recommendations to accelerate the deployment of high-speed broadband service by removing barriers to infrastructure investment and strengthening existing broadband networks in communities across the country. The BDAC and its three working groups are set to address the following topics: disaster response, recovery, and network resiliency; increasing broadband investment in low-income communities; and broadband infrastructure deployment job skills and training opportunities. BDAC meetings are open to the public, and are streamed live online at www.fcc.gov/live.

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Senators Introduce Broadband Data Improvement Act of 2019

May 16, 2019 – A bipartisan group of Senators have introduced the Broadband Data Improvement Act of 2019, which is intended to “improve the accuracy of broadband coverage maps and better direct federal funds for broadband buildout.” If passed, the bill would require broadband providers to report data in a way that “more accurately reflects locations they actually serve,” resulting in the creation of a significantly more accurate National Broadband Map, which would also be “subject to an ongoing and multi-faceted challenge, validation, and refinement process.” The bill was introduced by U.S. Senators Shelley Moore Capito (R-WV), Brian Schatz (D-HI), Jerry Moran (R-KS), and Jon Tester (D-MT).

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Robocall Item Leads Tentative Agenda For FCC June Open Meeting

May 16, 2019 – FCC Chairman Ajit Pai has announced the tentative agenda for the FCC’s June open meeting, scheduled for Thursday, June 6, 2019:

  • Clarification of Call-Blocking Rules – The FCC will consider a Declaratory Ruling and Third Further Notice of Proposed Rulemaking clarifying that voice service providers may block illegal and unwanted calls as the default before they reach consumers’ phones, and proposes a safe harbor for providers that block calls that fail call authentication while ensuring that emergency and other critical calls reach consumers. (CG Docket No. 17-59, WC Docket No. 17-97)

  • Leased Commercial Access – The FCC will consider a Report and Order and Second Further Notice of Proposed Rulemaking that would vacate its 2008 Leased Access Order, modernize the existing leased access rules to reflect changes in the video programming market, and propose to simplify the leased access rate formula. (MB Docket Nos. 07-42; 17-105)

  • Amendment of Rules to Promote Aviation Safety – The FCC will consider a Notice of Proposed Rulemaking that would propose to modernize the Commission’s rules to improve aviation safety, support the deployment of more advanced avionics technology, and increase the efficient use of limited spectrum resources. (WT Docket No. 19-140)

The FCC’s June 6, 2019 open meeting is scheduled to commence at 10:30 a.m. EDT. It is open to the public, and will be streamed live online at www.fcc.gov/live.

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Arkansas Governor Releases State Broadband Plan

May 15, 2019 – Arkansas Governor Asa Hutchinson has released the Arkansas State Broadband Plan, which sets a goal to deploy high-speed broadband Internet access service – at a rate of 25 Mbps downstream and 3 Mbps upstream – to all Arkansas communities with more than 500 residents by the year 2022. Governor Hutchinson directed the Arkansas Development Finance Authority Economic Policy Division to develop a state broadband plan in March 2019. Private and public sector stakeholders assisted in preparing the plan. Among other things, the information in the state broadband plan is expected to help telecommunications companies, rural electric cooperatives, utilities, and internet service providers when applying for federal grants to expand broadband infrastructure and connectivity in rural Arkansas. The Arkansas State Broadband Plan contains the following 13 sections:

  • Section I: Details about how Arkansas can meet the Governor’s broadband goal.

  • Section II: The competitive landscape for broadband services in Arkansas.

  • Section III: Describes federal government programs that have been instrumental in deploying broadband to rural Arkansas.

  • Section IV: Lays out plans for a State Broadband Office.

  • Section V: Discusses the Arkansas High Cost Fund, which helps bring broadband to rural Arkansas.

  • Section VI: Describes existing state and federal communications assets in Arkansas.

  • Section VII: Covers the use of broadband in education.

  • Section VIII: Covers the use of broadband in agriculture.

  • Section IX: Covers the use of broadband in health care.

  • Section X: Broadband mapping.

  • Section XI: Access rights for broadband deployment (utility poles, towers and other key connection points).

  • Section XII: Explores policy options suggested by the Federal Communications Commission’s Broadband Deployment Advisory Committee.

  • Section XIII: Explains recent broadband-related state legislation.

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Executive Order Bans Telecom Equipment  & Services That Pose Threat To U.S. Communications Networks

May 15, 2019 – President Trump has issued an Executive Order (EO) that declares a national emergency with respect to threats against U.S. “information and communications technology and services” by foreign adversaries, and bans the acquisition, importation, or use of any information and communications equipment, technology, or service that is designed, manufactured, or supplied by a company that is controlled by a foreign adversary that poses a threat to the U.S.

No foreign equipment makers or countries are named in the order. Rather, the EO directs the Secretary of Commerce to consult with the leaders of various federal agencies, including the Secretaries of the Treasury, State, Defense, and Homeland Security, and the Attorney General, Director of National Intelligence, and the Chairman of the Federal Communications Commission, to determine which equipment and services pose a threat and are banned. The EO directs the Commerce Secretary, within 150 days, to publish rules or regulations implementing the ban.

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FCC Authorizes CAF II Auction Support For 11 Entities & 459 Winning Bids

May 14, 2019 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II auction support for 11 entities, after reviewing the information in each entity’s Auction 903 long-form application, including the letters of credit and Bankruptcy Code opinion letters. The Universal Service Administrative Company may now obligate and disburse Universal Service Fund support to each entity, with payments beginning at the end of May 2019 and continuing until 120 equal monthly payments have been made. These CAF II auction support recipients are required to begin commercially offering broadband service to 40 percent of their requisite number of the locations by the end of the third year of funding, and to an additional 20 percent in each subsequent year, with 100 percent by the end of the sixth year. A list of the 11 entities and their 459 winning bids is available as an attachment to the Bureau’s Public Notice.

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June 17 FCC Webinar: Network Reliability And Security Best Practices

May 13, 2019 – The FCC’s Public Safety and Homeland Security Bureau, Office of Communications Business Opportunities, and Wireline Competition Bureau have announced a webinar to discuss available resources and best practices for small and rural communications providers regarding network reliability and security. The webinar will be held on June 17, 2019, at 11:00 a.m., and will cover the following topics:

  • A review of updates to the small business cybersecurity planner

  • Best practices to protect communications networks to ensure reliability, resiliency, and security

  • Recommendations from the Final Report of CSRIC VI on how small and rural carriers can transition to Next Generation 911 while minimizing transition risks, such as measures to prevent service outages

  • Recent updates to the FCC’s Network Outage Reporting System (NORS) and Disaster Information Reporting System (DIRS)

  • A review of updates to the Network Reliability Steering Committee (NRSC) Emergency Preparedness Checklist guidance on preparing and responding to emergency situations

  • Identifying and eliminating potential security vulnerabilities in communications networks and their supply chains

  • An overview of the FCC’s proposal to protect Universal Service Funds from being spent on equipment or services from suppliers that raise national security concerns

The webinar will be streamed live online with open captioning. Registration information is available at https://www.fcc.gov/small-rural-communications-provider-network-resiliency-webinar.

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FCC Proposes Collection Of $339,000 In Regulatory Fees For Fiscal Year 2019

May 8, 2019 – The FCC has released a Notice of Proposed Rulemaking which seeks comment on the collection of $339,000 in regulatory fees for fiscal year 2019, as well as modifications to the FCC’s regulatory fee authority under the RAY BAUM’S Act of 2018. Specifically, in the NPRM, the FCC: (1) explains and seeks comment on the RAY BAUM’S Act modifications to the FCC’s regulatory fee authority; (2) proposes and seeks comment on a schedule of fiscal year 2019 regulatory fees, which are due in September 2019; and (3) proposes and seeks comment on granular aspects of the regulatory fee calculation for Direct Broadcast Satellite providers, full-power broadcast television, and international bearer circuits. Comments in response to the NPRM are due on or before June 7, 2019. Reply comments are due June 24, 2019.

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Wireless Bureau Invites Additional Comments on C Band Proceeding

May 3, 2019 – The FCC’s International Bureau and Wireless Telecommunications Bureau want stakeholders to file additional comments addressing proposals on ways to reallocate the 3.7–4.2 GHz Band (C Band). In a July 2018 Notice of Proposed Rulemaking, the FCC sought comment on making substantial changes to the 3.7–4.2 GHz Band in order to repurpose all or part of it for mobile broadband and other terrestrial uses. In the NPRM, the FCC requested comment on market-based and auction-based approaches for repurposing C Band spectrum. In response, commenters supported and opposed “a variety of clearing mechanisms,” and they raised numerous issues concerning the FCC’s authority to utilize market-based and auction-based mechanisms. Accordingly, the Bureaus have invited additional, focused comment on these issues, which have been organized into the following sets of questions:

  • What are the enforceable interference protection rights, if any, granted to space station operators against co-primary terrestrial operations? Do those rights depend on the extent incumbent earth stations receive their transmissions within the U.S? And what limits, if any, does Section 316 of the Communications Act place on the proposals raised by the FCC in the NPRM or by commenters?

  • What are the enforceable interference protection rights granted to licensed or registered receive-only earth station operators against co-primary terrestrial operations? What obligations does Section 316 of the Communications Act place on the FCC vis-à-vis licensed or registered receive-only earth station operators? Are registered receive-only earth station operators eligible to voluntarily relinquish their rights to protection from harmful interference in the reverse phase of an incentive auction because they qualify as “licenses” under Section 309(j)(8)(G)? Does the FCC have other statutory authorities that would enable it to authorize payments to such earth stations to induce them to modify or relocate their facilities?

Comments are due on or before 30 days from the date the Public Notice is published in the Federal Register, while reply comments are due 45 days from Federal Register publication. Comments and replies may be filed using FCC’s Electronic Comment Filing System, and must reference GN Docket No. 18-122, RM-11791, and RM-11778.

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Comment Sought On Transfer Control Of PEG Bandwidth IL & Bluebird Network To MIP IV Midwest Fiber, LLC

May 3, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on two applications filed pursuant to section 214 of the Communications Act, requesting consent to transfer control of PEG Bandwidth IL, LLC (PEG Bandwidth) and Missouri Network Alliance, LLC d/b/a Bluebird Network (Bluebird) to MIP IV MidWest Fiber, LLC (MIP IV MW). Comments are due on or before May 17, 2019, and reply comments are due May 24, 2019.

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FCC Releases Information On Broadband Deployment Obligations For Rate-Of-Return Carriers That Will Remain On Cost-Based Universal Service Support

May 2, 2019 – The FCC’s Wireline Competition Bureau has released information about revised mandatory broadband deployment obligations that will apply to rate-of-return carriers that decline Alternative Connect America Cost Model (A-CAM) support offers and instead will remain on legacy universal service support mechanisms. Deployment obligations must be fulfilled over a five-year period from 2019 to 2024. Each cost-based rate-of-return carrier may choose to have its deployment obligations determined by one of two methods:

(1) The carrier’s Connect America Fund-Broadband Loop Support (CAF-BLS) amount divided by the average cost of providing 25/3 Mbps service, based on the weighted average cost per loop of carriers that have deployed 25/3 Mbps service to 95 percent or more of the locations in their study area, or 150 percent of the weighted average cost per loop of companies with similar density and level of deployment, whichever is greater, or

(2) The carrier’s CAF-BLS amount divided by the A-CAM II calculation of the cost per location of providing 25/3 Mbps service in the unserved census blocks in the carrier’s study area.

The Wireline Competition Bureau has released a spreadsheet detailing the deployment obligations under each method for each study area, as well as an explanation of the information used in the calculations. Instructions on how each carrier must make its selection between the two methods will be published in the near future by the Universal Service Administrative Company.

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FCC Releases A-CAM II Offers, Deadline To Accept Is June 17

May 2, 2019 – The FCC’s Wireline Competition Bureau has officially released offers of Alternative Connect America Cost Model support to rate-of-return carriers that are receiving legacy cost-based support (A-CAM II). Carriers have until June 17, 2019 to indicate, on a state-by-state basis, whether they elect to transition to receiving model-based support. Four different A-CAM II reports, 15.1-15.4, detailing each carrier’s A-CAM II funding amount, number of “fully funded” and “capped” locations, and the voice and broadband deployment obligations for their service territories are now available. Carriers that elect A-CAM II will receive model-based funding for a 10-year period beginning January 1, 2019. A-CAM II funding amounts are predicated upon a monthly funding threshold of $52.50 and a funding cap per location of $200. To elect A-CAM II for a state or states, a carrier must submit a letter signed by an officer of the company confirming its decision and committing to satisfy its broadband deployment obligations. Election letters should be sent to the Wireline Competition Bureau at ConnectAmerica@fcc.gov. If a carrier fails to submit an election letter by the deadline, it will be deemed to have declined the A-CAM II offer and will continue to receive cost-based universal service support.

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FCC Agenda For May 9th Open Meeting

May 2, 2019 – The Federal Communications Commission will hold its next open meeting on May 9, 2019, and is set to vote on the following seven items:

  • China Mobile USA Application – The FCC will consider a Memorandum Opinion and Order that would deny the application of China Mobile USA for a Section 214 authorization to provide international facilities-based and resale telecommunications services between the United States and foreign points. (File No. ITC-214-20110901-00289)

  • Reallocating the 1675–1680 MHz Band – The FCC will consider a Notice of Proposed Rulemaking that would seek comment on reallocating the 1675-1680 MHz band for shared use between incumbent federal operations and non-federal fixed or mobile (except aeronautical mobile) operations on a co-primary basis, as well as an appropriate sharing mechanism that would allow both federal and non-federal users to operate successfully in the band. (GN Docket No. 19-116)

  • FM Translator Interference Rules – The FCC will consider a Report and Order that would adopt streamlined rules relating to interference caused by FM translators and expedite the translator interference complaint resolution process. (MB Docket No. 18-119)

  • Toll Free Number Auction – The FCC will consider a Public Notice seeking comment on proposed procedures for conducting and participating in an auction of toll free numbers in the 833 code. (AU Docket No. 19-101; WC Docket No. 17-192; CC Docket No. 95-155)

  • Regulatory Fees NPRM – The FCC will consider a Notice of Proposed Rulemaking to seek comment on proposed regulatory fees for Fiscal Year 2019. (MD Docket No. 19-105)

  • Satellite Authorization for Theia – The FCC will consider a Memorandum Opinion Order and Authorization that would grant Theia’s request to deploy and operate a proposed non-geostationary satellite constellation to provide earth imaging services around the world. (IBFS File No. SAT-LOA-20161115-00121; SAT-AMD-20170301-00029)

  • Video Relay Service Rules – The FCC will consider a Report and Order and Further Notice of Proposed Rulemaking that would adopt measures, and seek comment on others, to improve Video Relay Service (VRS), expand access to direct video communications, and protect the VRS program against waste, fraud, and abuse. (CG Docket Nos. 10-51 and 03-123)

The FCC’s May Open Meeting is scheduled to commence at 10:30 a.m. EDT in the main FCC Meeting Room (Room TW-C305) of the Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. The meeting is open to the public, and will be streamed live online at www.fcc.gov/live.

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FCC Releases Report On Promoting Broadband Service For Veterans

May 1, 2019 – The FCC has issued a Report on Promoting Broadband Internet Access Service for Veterans, which examines the current state of broadband access and adoption by veterans throughout the U.S, as well as low-income veterans and veterans in rural areas. While the report finds that many veterans have access to both fixed and mobile broadband options, a significant number still lack access to fixed broadband, mobile broadband, or both, as shown by the following data points:

  • For 92.5% of veterans, at least one provider of 25/3Mbps fixed broadband services is available, while 96.6% of veterans have availability of fixed broadband at speeds of 10/1 Mbps. Data indicate that 86.7% of veterans have availability of fixed broadband at speeds of at least 100/10 Mbps. However, only 78.4% of veterans have 10/3 Mbps mobile LTE broadband coverage.

  • Among households with veterans, approximately 85%, or 14.4million, reported that they had paid connections to the Internet in their homes. However, households with veterans subscribe to mobile broadband services at lower rates than households without veterans.

  • For those veterans who lack a broadband connection, barriers to broadband adoption may include lack of deployment where they live, price, and digital illiteracy or perceived irrelevance.

The Report also provides recommendations on how to promote veterans’ access to broadband. These include promoting broadband deployment and access through universal service fund support mechanisms, efforts by other federal government agencies, and private sector initiatives.

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FCC Releases Report On Broadband Deployment In Indian Country

May 1, 2019 – The FCC has released a Report on Broadband Deployment in Indian Country, which examines broadband coverage in Indian country and on land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act. Among other things, the report shows that Tribal lands experience lower rates of both fixed and mobile broadband deployment as compared to non-Tribal areas of the United States, particularly in rural areas:

While 92% of housing units on urban Tribal lands are covered by a fixed terrestrial provider of 25/3 Mbps broadband service – just six points behind their non-Tribal urban counterparts – just 46.6% of housing units on rural Tribal lands have access to that service, a nearly 27-point gap compared to non-Tribal rural areas.

Mobile LTE coverage on Tribal lands is similarly behind deployment on non-Tribal lands – while 99.8% of the population living on non-Tribal areas are covered by mobile LTE service, only 96% of the population living on Tribal land are covered with such service.

Analysis of broadband deployment on Tribal lands is based on FCC Form 477 data as of December 2017, as well as an overview of the FCC’s ongoing efforts to address unserved areas on Tribal lands that are not yet reflected Form 477 data. The report was submitted to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation, as required by Section 508(a)(1) of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (RAY BAUM’S Act).

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FCC Chairman Circulates Revised 2019 Broadband Deployment Report

May 1, 2019 – FCC Chairman Ajit Pai has circulated a revised draft of the 2019 Broadband Deployment Report. Chairman Pai circulated the first draft of the report on February 19, but it was withdrawn for review due to the discovery that a broadband falsely reported “drastically overstated deployment data” to the FCC. According to the FCC News Release, among other things, the revised report shows that since last year’s report, the number of Americans lacking access to a fixed terrestrial broadband at speeds of at least 25/3 Mbps has dropped by over 18%, from 26.1 million Americans at the end of 2016 to 21.3 million at the end of 2017. The first draft of the report concluded that the number of Americans lacking access to 25/3 Mbps broadband service dropped to 19.4 million.

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Maryland Passes Legislation Allowing Electric Cooperatives to Provide Broadband Service

May 1, 2019 – The Maryland legislature has passed Senate Bill 634, authorizing electric cooperatives to provide broadband Internet access service. The legislation was recommended in a January 2019 report by the Maryland Task Force on Rural Internet, Broadband, Wireless and Cellular Service. Specifically, the bill authorizes Maryland electric cooperatives to “construct, maintain, or operate or allow others to construct, maintain, or operate conducting or communications facilities that furnish telecommunications, broadband internet access, or related services along, on, under, or across: real property, personal property, rights-of-way, and easements owned, held, or otherwise used by the cooperative; and publicly owned lands, roadways, and public ways, with the prior consent of the governing body of the municipal corporation or county in which the facilities are proposed to be constructed and under any reasonable regulations and conditions imposed by the governing body of the municipal corporation or county.” Additionally, to ensure that electric service customers do not subsidize the cost of broadband services, Senate Bill 634 requires electric cooperatives to allocate all costs between electricity-related services and broadband services. The legislation becomes effective on October 1, 2019. 

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CTIA & ASCA Release Contraband Phone Task Force Status Report

May 1, 2019 – CTIA-The Wireless Association and the Association of State Correctional Administrators (ASCA) have submitted a Report to the Federal Communications Commission which summarizes the Contraband Phone Task Force’s actions taken so far. The Task Force was created after FCC Chairman Ajit Pai called on industry stakeholders “to address how best to leverage technological solutions to combat contraband devices in correctional facilities.” It was launched in April 2018, and its members include CTIA, ASCA, state corrections officials, wireless solutions providers, public safety experts, and the U.S. Department of Justice Bureau of Prisons. The Report summarizes actions taken in the following areas:

  • (1) Coordination and collaboration among wireless service providers and corrections officials to identify contraband phone challenges and potential solutions;

  • (2) Establishment of a Testbed for the technical assessment of Contraband Interdiction System (CIS) technologies (Attachment A to the Report provides a detailed analysis of the findings of the Testbed and recommended best practices for deploying CIS technologies based on lab and field test observations);

  • (3) Implementation of state-level court order processes to enable wireless carriers to disable cellular service to contraband devices;

  • (4) Use of the wireless industry’s Stolen Phone Database to deny service to contraband phones across multiple cellular networks; and

  • (5) Review of the possibilities and challenges of geofencing capabilities as a contraband interdiction solution (Attachment B to the Report summarizes how geofencing could operate in a correctional facility setting and CTIA’s related views on legal and privacy issues).

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Vermont Awards Broadband Connectivity Initiative Grants

May 1, 2019 – The Vermont Public Service Department has announced it has awarded nearly $220,00 in grant awards to Internet service providers to boost broadband Internet speeds to more than 220 eligible locations in twelve rural Vermont communities.

  • ECFiber was awarded $63,250 to bring fiber optic cable service to 49 homes and businesses in the towns of Tunbridge and Corinth.

  • Consolidated Communications, Inc. received $44,498 to expand broadband to 37 homes and businesses in Barnet.

  • Pear Networks and Kingdom Fiber received a grant of $85,000 to bring fiber optic cable service to 126 homes and businesses in Bloomfield, Brighton, Brunswick, Canaan, Ferdinand, Lemington, and Maidstone.

  • MCFiber received $21,200 to extend fiber optic cable service to six locations in Underhill.

  • Southern Vermont Cable received $5,636 to provide cable internet to 11 homes in Putney.

According to the press release, the projects receiving awards were selected from a competitive pool of twenty projects which requested grant funds totaling over $960,000. Projects with the lowest cost per location were selected. The funds will be used to extend broadband to 229 homes and businesses that were previously unserved or underserved.

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