July 2019 News Update
Broadcasters File Copyright Infringement Lawsuit Against Online Streaming Service Locast
July 31, 2019 – A group of U.S. broadcast television networks have filed a copyright infringement lawsuit against Locast, a non-profit online streaming service offering local, over-the-air television. The suit was filed in U.S. District Court for the Southern District of New York (Case 1:19-cv-07136). The following broadcasters are the plaintiffs in the lawsuit: American Broadcasting Companies, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, CBS Broadcasting Inc., CBS Studios Inc., Fox Television Stations, LLC, Fox Broadcasting Company, LLC, NBCUniversal Media, LLC, Universal Television LLC, and Open 4 Business Productions, LLC. The defendants are David R. Goodfriend, the founder of Locast, and Sports Fans Coalition NY, Inc., a non-profit advocacy group. Locast’s free streaming service is available in a total of thirteen television markets, including the nine largest markets in the U.S. Locast claims its service is exempt from copyright law under 17 U.S.C. § 111(a)(5) because it operates as a non-profit organization. In their complaint, the broadcasters argue that the exemption Locast claims is intended to permit local governments and other not-for-profit entities to operate booster and translator stations, which amplify broadcast signals so they can reach antennas in nearby areas otherwise unable to receive them. The broadcasters argue Locast goes beyond this narrow exemption by promoting “itself to users who already have access to broadcast television as a way to enjoy the added convenience of live mobile viewing over the internet without having to pay for it.” The broadcasters are seeking statutory damages for copyright violations, and a permanent injunction enjoining and restraining Locast from offering its service.
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FCC Seeking Comment On NTCA Petition For Waiver Of Minimum Lifeline Broadband Speed
July 30, 2019 – The FCC’s Wireline Competition Bureau has requested comment on a petition for waiver filed by NTCA-The Rural Broadband Association on behalf of its members and other similarly situated operators. In its petition, NTCA is seeking a waiver of the FCC’s updated 20/3 Mbps minimum service speed applicable to fixed wireline broadband Internet access service eligible for support from the universal service Lifeline program. Comments are due on or before August 29, 2019. Reply comments are due September 13, 2019.
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Comments On FCC Connected Care Pilot Telehealth Program Due August 29
July 30, 2019 – Comment deadlines have been set for the FCC’s Notice of Proposed Rulemaking that recommends creating a Pilot program within the Universal Service Fund to support connected care for low-income Americans and veterans. Comments are due on or before August 29, 2019 and reply comments are due on or before September 30, 2019. The “Connected Care Pilot” program will operate as a new program within the USF, and will have a budget of $100 million that will “provide support for eligible health care providers to obtain universal service support to offer connected care technologies to low-income patients and veterans.” The FCC expects the program to enable the collection of “valuable data concerning connected care services,” and will also help the FCC “better understand the relationship of affordable patient broadband Internet access service to the availability of quality health care, the health care cost savings that result from connected care services, and the role of connected care on patient health outcomes.” The proposed Connected Care Pilot program will run for three years.
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NTCA Petition For Waiver Of Minimum Lifeline Broadband Speed
July 29, 2019 – NTCA-The Rural Broadband Association has filed, on behalf of its members and other similarly situated operators, a petition for waiver of the FCC’s updated minimum service speed standard applicable to fixed wireline broadband Internet access service (BIAS) eligible for support from the universal service Lifeline program. The FCC’s recently announced the updated minimum service standards for speed and usage allowances for Lifeline-supported services. Beginning December 1, 2019, the Lifeline minimum service standard for fixed broadband speed will be 20/3 Mbps. The Lifeline minimum service standard for fixed broadband data usage will be 1024 GB per month. NTCA is asking the FCC to “temporarily waive strict application of the new minimum service speed standard and ‘grandfather’ low-income BIAS customers subscribing to a service below the speed standard prior to the effective date.” NTCA explains that the waiver would enable existing low-income consumers to continue, on a voluntary basis, receiving the service they already subscribe to as of December 1, 2019, or move on a voluntary basis to the new higher speed standard of service, if affordable. NTCA argues the waiver is necessary because the increase in speed “will likely come with an increase in monthly rates that may make broadband services unaffordable for some low-income consumers.” NTCA submitted similar petitions in 2017 and 2018; both remain pending before the FCC.
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DOJ Settlement Allows T-Mobile / Sprint Merger, Requires Significant Asset Divestiture To DISH Network
July 26, 2019 – The U.S. Department of Justice, along with the states of Kansas, Nebraska, Ohio, Oklahoma, and South Dakota have reached a settlement with T-Mobile and Sprint which allows the two nationwide mobile wireless providers to complete their proposed merger. However, in order to effectuate the settlement, Dish Network Corp. was added as a defendant to the action and Final Judgment. Under the terms of the proposed settlement, certain T-Mobile and Sprint prepaid wireless businesses, spectrum, cell sites, and retail stores must be divested to Dish. The prices to be paid by Dish for the assets were not disclosed. The following is a summary of the assets that will be divested by T-Mobile/Sprint to Dish:
Prepaid Wireless Businesses: T-Mobile and Sprint must divest Sprint’s prepaid business, including Boost Mobile, Virgin Mobile, and Sprint prepaid, to Dish.
800 MHz Spectrum: Sprint must divest certain 800 MHz spectrum licenses to Dish.
Cell Sites: T-Mobile and Sprint must make available to Dish at least 20,000 cell sites.
Retail Locations: T-Mobile and Sprint must make available to Dish at least 400 retail stores.
The merger of T-Mobile and Sprint will reduce the total number of current U.S. nationwide mobile wireless providers from four to three. However, under the terms of the DOJ’s settlement, Dish will purchase assets and transitional services, enabling it to become a facilities-based nationwide mobile wireless network operator. A copy of the Stipulation And Order is available here. A copy of the (proposed) Final Judgment is available here.
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Final Agenda Set For FCC August 1st Open Meeting: Rural Digital Opportunity Fund, Broadband Mapping, & Caller ID Spoofing
July 25, 2019 – FCC Chairman Ajit Pai has announced the final agenda for the FCC’s open meeting on Thursday, August 1, 2019. The final agenda contains the following items:
Establishing the Rural Digital Opportunity Fund – The FCC will consider a Notice of Proposed Rulemaking that would propose to adopt a two-phase reverse auction framework for the Rural Digital Opportunity Fund, committing $20.4 billion in high-cost universal service support to bring high-speed broadband service to millions of unserved Americans. (WC Docket Nos. 19-126, 10-90)
Digital Opportunity Data Collection – The FCC will consider a Report and Order that would establish the Digital Opportunity Data Collection, a new data collection that will collect geospatial broadband coverage data from fixed providers, and that would make targeted changes to the existing Form 477 to reduce filing burdens. The FCC will also consider a Second Further Notice of Proposed Rulemaking that would seek comment on enhancing the new data collection, incorporating mobile voice and broadband, and improving satellite broadband reporting. (WC Docket Nos. 19-195, 11-10)
Promoting Telehealth in Rural America – The FCC will consider a Report and Order that would overhaul the Rural Health Care Program by streamlining and simplifying the way health care providers apply for and calculate universal service support amounts, promoting transparency and predictability in the program, and taking new steps to guard against waste, fraud, and abuse. (WC Docket No. 17-310)
Streamlining Licensing Procedures for Small Satellites – The FCC will consider a Report and Order that would a new, optional streamlined application process designed for a class of satellites referred to as “small satellites.” (IB Docket No. 18-86)
Kari’s Law/RAY BAUM’S Act Report and Order – The FCC will consider a Report and Order that would address calls to 911 made from multi-line telephone systems, pursuant to Kari’s Law, the conveyance of dispatchable location with 911 calls, as directed by RAY BAUM’S Act, and the consolidation of the FCC’s 911 rules. (PS Docket Nos. 18-261, 17-239)
Auction of Toll Free Numbers in the 833 Code – The FCC will consider a Public Notice that would adopt the procedures for the auction of certain toll-free numbers in the 833 code. (AU Docket No. 19-101; WC Docket No. 17-192; CC Docket No. 95-155)
Improving Low Power FM Radio Service – The FCC will consider a Notice of Proposed Rulemaking that would modernize the LPFM technical rules to provide more regulatory flexibility for licensees. (MB Docket No. 19-193, 17-105)
Implementation of Section 621 – The FCC will consider a Third Report and Order that would address issues raised by a remand from the U.S. Court of Appeals for the Sixth Circuit concerning how franchising authorities may regulate incumbent cable operators. (MB Docket No. 05-311)
Implementing Section 503 of RAY BAUM’S Act; Rules and Regulation Implementing the Truth in Caller ID Act of 2009 – The FCC will consider a Second Report and Order that would amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-335 and 11-39)
A public draft text of each item on the agenda is available on the FCC’s open meeting page. The August 1st open meeting is scheduled to commence at 10:30 a.m., and will be streamed live online at www.fcc.gov/live.
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FCC Announces Updated Lifeline Minimum Service Standards & 2020 Lifeline Budget
July 25, 2019 – The FCC’s Wireline Competition Bureau has announced the updated minimum service standards for speed and usage allowances for Lifeline-supported services, as well as the universal service budget for the Lifeline program for calendar year 2020. Beginning December 1, 2019, the Lifeline minimum service standard for fixed broadband speed will be 20/3 Mbps. The Lifeline minimum service standard for fixed broadband data usage will be 1024 GB per month. If a Lifeline provider does not offer any generally available residential 25/3 Mbps fixed broadband services, the Lifeline provider may receive Lifeline support for the highest performing generally available residential fixed broadband service offering of at least 4/1 Mbps. Beginning December 1, 2019, the Lifeline minimum service standard for mobile broadband data usage will increase to 8.75 GB per month. The Lifeline minimum service standard for mobile broadband speed remains 3G mobile technology. On December 1, 2019, the Lifeline minimum service standard for mobile voice service will remain unchanged, at 1,000 minutes per month. Finally, the Bureau has announced the indexed budget for federal universal service support for the Lifeline program for the calendar year beginning January 1, 2020 will be $2,385,292,106.
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FTC Fines Facebook $5 Billion For Privacy Violations; FTC Settlement Requires Facebook To Take Action To Protect User Privacy
July 24, 2019 – Facebook has entered into a settlement agreement with the Federal Trade Commission (FTC) to settle charges that Facebook violated a 2012 FTC order by deceiving users about their ability to control the privacy of their personal information. The FTC’s Stipulated Order For Civil Penalty, Monetary Judgment, And Injunctive Relief requires Facebook to pay a $5 billion penalty and take certain actions designed to hold the company accountable for the decisions about Facebook user privacy. Among other things, the settlement requires Facebook to take the following actions:
BOD Privacy Committee: The FTC settlement order creates an independent privacy committee of Facebook’s board of directors.
Privacy And Data Security: The FTC settlement requires Facebook to establish, implement, and maintain a comprehensive data security and privacy program.
Privacy Program Officers: The FTC settlement order requires Facebook to designate compliance officers who will be responsible for Facebook’s privacy program.
Third-Party Privacy Assessment: The FTC settlement order requires an independent third-party to evaluate the effectiveness of Facebook’s privacy program and identify any gaps.
Facial Recognition Technology: Facebook must provide clear and conspicuous notice of its use of facial recognition technology, and obtain affirmative express user consent prior to any use that materially exceeds its prior disclosures to users.
Privacy Review Of New Products: As part of the required privacy program, which covers Facebook-owned applications WhatsApp and Instagram, Facebook must conduct a privacy review of every new or modified product, service, or practice before it is implemented, and document its decisions about user privacy.
The FTC settlement requires Facebook to take other significant actions intended to increase user privacy and protect user data. The FTC approved the settlement on a vote of 3-2. FTC Chairman Joe Simons along with Commissioners Noah Joshua Phillips and Christine S. Wilson voted to approve the settlement and issued a joint statement. FTC Commissioners Rohit Chopra and Rebecca Kelly Slaughter voted against the settlement and issued separate statements. A copy of the FTC’s Stipulated Order For Civil Penalty, Monetary Judgment, And Injunctive Relief is available here. A copy of the FTC complaint against Facebook is available here.
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House Passes Stopping Bad Robocalls Act
July 24, 2019 – By a vote of 429 – 3, the U.S. House of Representatives has passed the Stopping Bad Robocalls Act, H.R. 3375. The Stopping Bad Robocalls Act is intended to curb the rise of robocalls by requiring the following:
Requires that phone carriers implement call authentication technology so consumers can trust their caller ID again, with no additional line-item for consumers, and includes a process to help rural carriers implement this technology.
Allows carriers to offer call blocking services to consumers, with no additional line-item charge, with important transparency safeguards to make sure important calls aren’t inadvertently blocked.
Directs the FCC to issue rules to protect consumers from calls they didn’t agree to receive and to ensure consumers can withdraw consent.
Requires the FCC to enact safeguards so companies can’t abuse robocall exemptions.
Ensures the FCC has the authority and the tools to take strong, quick action when it tracks down robocallers, including by extending the statute of limitations from one year to three, and in some instances four, years for callers violating robocall prohibitions.
Mandates the FCC to submit a report to Congress on the implementation of its reassigned numbers database to make sure the Commission is effectively protecting consumers from unwanted calls.
A full summary of the bill is available online.
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FCC Begins Urban Rate Survey For 2020
July 24, 2019 – The FCC’s Office of Economics and Analytics and Wireline Competition Bureau have initiated the urban rate survey, which will collect information to develop voice and broadband reasonable comparability benchmarks that will be in place in 2020. The survey will collect samples of rates for fixed voice and fixed broadband services offered by a random set of providers that were identified using December 2018 FCC Form 477 data. Notifications that a provider is required to complete the survey will be sent via email to each selected provider’s FCC Form 477 contact person and certifying official on Thursday, July 25, 2019. Completed surveys will be due on Monday, August 26, 2019. Additional information on the urban rate survey can be found at https://www.fcc.gov/general/urban-rate-survey-data-resources.
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FCC Ready To Authorize CAF II Auction Support For 1,122 Winning Bids
July 22, 2019 – The FCC’s Wireline Competition Bureau has announced it is ready to authorize Connect America Fund Phase II auction support for 1,122 winning bids. A list of the winning bids that are ready to be authorized is available as Attachment A to the Bureau’s Public Notice. Before the long-form applicants receive the total 10-year support amounts associated with their winning bids, the applicants 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 Monday, August 5, 2019. The Bureau also announced that Crocker Communications, Inc. voluntarily defaulted on two winning bids in Massachusetts, totaling $1.193 million. Crocker Communications has been referred to the Enforcement Bureau and will be subject to forfeiture for defaulting on the two winning bids.
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FCC Issues List Of Counties Where Forbearance From Obligation To Offer Lifeline-Supported Voice Service Applies
July 22, 2019 – The FCC’s Wireline Competition Bureau has announced the counties in which conditional forbearance from the obligation to offer Lifeline-supported voice service applies, effective September 21, 2019. Forbearance applies only to the Lifeline voice obligation of eligible telecommunications carriers (ETCs) that are designated for purposes of receiving both high-cost and Lifeline universal service fund support. Forbearance does not apply to Lifeline-only ETCs. In the 2016 Lifeline Modernization Order, the FCC granted conditional forbearance from high-cost/Lifeline ETC’s voice obligations in counties where the following competitive conditions are met: (1) 51% of Lifeline subscribers in the county are obtaining broadband Internet access service; (2) there are at least three other providers of Lifeline broadband Internet access service that each serve at least 5% of the Lifeline broadband subscribers in that county; and (3) the ETC does not actually receive federal high-cost universal service support. The Appendix to the Bureau’s Public Notice lists the applicable counties.
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FCC Invites Additional Comment On C-Band Proceeding Issues: Deadline August 7th
July 19, 2019 – The FCC’s Wireless Telecommunications Bureau, International Bureau, Office of Engineering and Technology, and Office of Economics and Analytics have invited interested parties to supplement the record to address issues raised by commenters in response to the July 2018 Notice of Proposed Rulemaking in the FCC’s C-Band proceeding. In the NPRM, the FCC sought comment on ways to make some or all of the 3.7-4.2 GHz band (C-Band) available for terrestrial, flexible use, as well as the feasibility of the introducing new terrestrial wireless services in the band, incumbent protection criteria, technical and licensing rules, and appropriate methodologies for transitioning or protecting existing Fixed Satellite Service and Fixed Service operators in the band. With the Public Notice, the Bureaus are seeking additional comment on recent filings by: (1) ACA Connects – America’s Communications Association, the Competitive Carriers Association, Charter Communications, Inc. (Charter) (collectively, ACA Connects Coalition); (2) AT&T; and (3) the Wireless Internet Service Providers Association (WISPA), Google, and Microsoft. Comments are due on or before August 7, 2019. Reply comments are due August 14, 2019.
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FCC Announces $2.895 Billion In E-Rate Funding For Funding Year 2019
July 17, 2019 – The FCC’s Wireline Competition Bureau has announced there is sufficient funding available to fully meet the estimated demand for category one and category two requests for E-Rate supported services for funding year 2019. The Universal Service Administrative Company (USAC) estimates the total demand for funding year 2019 will be $2.896 billion, which includes estimated demand for category one services of $1.91 billion and of $985 million for category two services. The Bureau previously announced that the E-Rate program funding cap for funding year 2019 is $4.15 billion, and based on USAC projections, $1 billion in unused funds from previous years is available for use in E-Rate funding year 2019. Accordingly, the Bureau has directed USAC to fully fund eligible category one and category two E-Rate requests, using the $1 billion in E-Rate funds unused from previous years, and any additional funds needed under the current cap to fully meet demand for such services.
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FCC To Release List of Price Cap Wire Centers With Nearby Alternative Fiber Networks
July 15, 2019 – The FCC’s Wireline Competition Bureau has released a Public Notice announcing it proposes to publicly release a list of Common Language Location Identification (CLLI) codes for price cap incumbent local exchange carrier (LEC) wire centers that have alternative fiber within a half mile. The list of nearby alternative fiber is based on an analysis of highly confidential information submitted in response to the FCC’s 2015 special access data collection. It will reveal anonymized information about the proximity of fiber networks derived from competitive fiber maps and other information that has been designated as highly confidential. Affected parties have 10 business days from the date of release of the Public Notice – July 29, 2019 – to file objections. Parties objecting must explain why publicly identifying whether a price cap incumbent LEC wire center has nearby alternative fiber will reveal information they have not already made available to the public and will harm them competitively, including a description of the extent of that harm.
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Third Wave: FCC Authorizes CAF II Auction Funding For 2,413 Winning Bids
July 15, 2019 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II Auction support for 2,413 winning bids, which are identified in Attachment A of the Bureau’s Public Notice. According to the FCC News Release, this third wave of CAF II Auction funding amounts to over $524 million in support over the next decade to expand broadband service to 205,520 unserved rural homes and businesses in 23 states. Total authorized CAF II Auction funding now stands at nearly $803 million, or over half of the $1.488 billion allocated through the auction, and is expected to expand broadband connectivity to 305,518 homes and businesses. The Bureau authorized the support amounts 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 July 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. Additionally, the Bureau has announced it will soon post a state-level summary under the “Data” tab on the Auction 903 webpage at https://www.fcc.gov/auction/903. The summary will provide for each long-form applicant included in this most recent authorization: (1) the total support amount over 10 years and total number of locations that the long-form applicant is being authorized for in each state, (2) the total number of locations to which the authorized support recipient must offer the required voice and broadband services for each performance tier and latency in each state, and (3) the eligible census blocks included in the winning bids that are being authorized in each state.
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FCC Authorizes CAF Phase II Support In Five New York For 5 Broadband Providers
July 15, 2019 – The FCC’s Wireline Competition Bureau has authorized over $39.2 million Connect America Fund Phase II support for the following five New York broadband providers:
Gtel Teleconnections ($854,652)
MTC Cable ($4,276,982)
Otsego Electric Cooperative ($4,298,62)
Slic Network Solutions ($11,296,264)
Verizon Communications ($18,511,546)
According to the FCC’s News Release, over the next 10 years, support will be used to expand broadband service to 15,442 unserved rural New York homes and businesses, in partnership with the state’s New NY Broadband Program. The Bureau authorized the support amounts after reviewing the information in each entity’s 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 July 2019 and continuing until 120 equal monthly payments have been made. These CAF II 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.
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FCC Provides Guidance Regarding A-CAM Final Deployment Obligations
July 12, 2019 – The FCC’s Wireline Competition Bureau has issued a Public Notice to provide guidance and illustrative examples regarding calculation of final deployment obligations associated with Alternative Connect America Model support (A-CAM) and application of the FCC’s support recovery rules in the event that an A-CAM carrier does not meet its final deployment obligations. The guidance covers the following issues:
The penalty for failing to meet final deployment obligations
The final deployment milestones for A-CAM I and A-CAM II carriers
The five percent flexibility rule for A-CAM carriers
The determination of the relevant number of locations for A-CAM carriers
The total relevant high-cost support over the support term for a state
The deployment obligations for Tribal lands
According to the Public Notice, the guidance was issued in response to questions from members of the public about the FCC’s rules.
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Blockstack PBC Receives SEC Approval For Initial Coin Offering
July 11, 2019 – Blockstack PBC has received approval from the U.S. Securities and Exchange Commission (SEC) to make an initial Coin Offering (ICO), making it the first company to receive such approval. As the SEC has previously explained, an ICO is a fundraising event in which an entity offers participants a unique digital asset – often described as a “coin” or “token” – in exchange for consideration (most commonly Bitcoin, Ether, U.S. dollars, or other fiat currency). The digital tokens are issued and distributed on a “blockchain” or cryptographically secured ledger.
Blockstack is a technology company that is developing, sponsoring, and commercializing an open-source peer-to-peer network using blockchain technologies to ultimately build a new network for decentralized applications, which it refers to as the “Blockstack network.” Blockstack is offering up to 180.3 million tokens of its new “cryptoasset,” the Stacks Token. Blockstack is offering the Stacks Tokens in the following three ways:
It is offering 78,333,333 Stacks Tokens at a discounted purchase price of $0.12 to current holders of certain non-binding vouchers to purchase Stacks Tokens, up to a maximum of $3,000 in Stacks Tokens to each voucher-holder.
It is offering 62,000,000 Stacks Tokens at a price of $0.30 per token to “qualified purchasers.”
It is offering up to 40,000,000 Stacks Tokens for non-cash consideration pursuant to its “App Mining” program in exchange for the development of well-reviewed applications on the decentralized application network created by Blockstack, as well as for the review of those applications.
Additional information is available from Blockstack’s Offering Circular.
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FCC Proposes $100 Million Connected Care Pilot Telehealth Program
July 11, 2019 – The FCC has released a Notice of Proposed Rulemaking that recommends creating a Pilot program within the Universal Service Fund to support connected care for low-income Americans and veterans. The FCC expects the “Connected Care Pilot” program will enable the collection of “valuable data concerning connected care services,” and will also help the FCC “better understand the relationship of affordable patient broadband Internet access service to the availability of quality health care, the health care cost savings that result from connected care services, and the role of connected care on patient health outcomes.” The proposed Connected Care Pilot program will run for three years. The program will operate as a new program within the USF, and will have a budget of $100 million that will “provide support for eligible health care providers to obtain universal service support to offer connected care technologies to low-income patients and veterans.” Comments on the Connected Care Pilot program NPRM are due 30 days after the NPRM is published in the Federal Register, and reply comments are due 60 days after publication.
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FCC Releases Draft Digital Opportunity Data Collection Item Aimed At Improving Broadband Mapping
July 11, 2019 – The FCC has released a draft Report and Order and Second Further Notice of Proposed Rulemaking related to the collection and publication of broadband mapping data. The Report and Order does the following:
Establishes the Digital Opportunity Data Collection – a new data collection that will collect geospatial broadband coverage maps from Internet service providers, specifically aimed at advancing the FCC’s universal service goals;
Adopts a process to collect public input, commonly known as “crowdsourcing,” on the accuracy of service providers’ broadband maps; and
Makes targeted changes to the existing Form 477 data collection to reduce reporting burdens for all filers and modify the collection to incorporate new technologies.
The FNPRM asks for stakeholder input on the following:
Additional technical standards for fixed broadband providers that could ensure greater precision for the Digital Opportunity Data Collection deployment reporting and on ways the FCC can incorporate location-specific fixed broadband deployment data in this new data collection;
Incorporating the collection of accurate, reliable mobile wireless voice and broadband coverage data into the Digital Opportunity Data Collection; and
Sunsetting the Form 477 broadband deployment collection following the creation of the Digital Opportunity Data Collection.
The FCC expects to vote to adopt the item at its next open meeting, which is scheduled for Thursday, August 1, 2019.
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FCC August Open Meeting Agenda To Include Rural Digital Opportunity Fund, Broadband Mapping, & Caller ID Spoofing
July 11, 2019 – FCC Chairman Ajit Pai has announced the tentative agenda for the FCC’s next open meeting, scheduled for August 1, 2019. The tentative agenda contains the following items:
Establishing the Rural Digital Opportunity Fund – The FCC will consider a Notice of Proposed Rulemaking that would propose to adopt a two-phase reverse auction framework for the Rural Digital Opportunity Fund, committing $20.4 billion in high-cost universal service support to bring high-speed broadband service to millions of unserved Americans. (WC Docket Nos. 19-126, 10-90)
Digital Opportunity Data Collection – The FCC will consider a Report and Order that would establish the Digital Opportunity Data Collection, a new data collection that will collect geospatial broadband coverage data from fixed providers, and that would make targeted changes to the existing Form 477 to reduce filing burdens. The FCC will also consider a Second Further Notice of Proposed Rulemaking that would seek comment on enhancing the new data collection, incorporating mobile voice and broadband, and improving satellite broadband reporting. (WC Docket Nos. 19-195, 11-10)
Promoting Telehealth in Rural America – The FCC will consider a Report and Order that would overhaul the Rural Health Care Program by streamlining and simplifying the way health care providers apply for and calculate universal service support amounts, promoting transparency and predictability in the program, and taking new steps to guard against waste, fraud, and abuse. (WC Docket No. 17-310)
Streamlining Licensing Procedures for Small Satellites – The FCC will consider a Report and Order that would a new, optional streamlined application process designed for a class of satellites referred to as “small satellites.” (IB Docket No. 18-86)
Kari’s Law/RAY BAUM’S Act Report and Order – The FCC will consider a Report and Order that would address calls to 911 made from multi-line telephone systems, pursuant to Kari’s Law, the conveyance of dispatchable location with 911 calls, as directed by RAY BAUM’S Act, and the consolidation of the FCC’s 911 rules. (PS Docket Nos. 18-261, 17-239)
833 Toll-Free Number Auction – The FCC will consider a Public Notice that would adopt the procedures for the auction of certain toll-free numbers in the 833 code. (AU Docket No. 19-101; WC Docket No. 17-192; CC Docket No. 95-155)
Improving Low Power FM Radio Service – The FCC will consider a Notice of Proposed Rulemaking that would modernize the LPFM technical rules to provide more regulatory flexibility for licensees. (MB Docket No. 19-193, 17-105)
Implementation of Section 621 – The FCC will consider a Third Report and Order that would address issues raised by a remand from the U.S. Court of Appeals for the Sixth Circuit concerning how franchising authorities may regulate incumbent cable operators. (MB Docket No. 05-311)
Anti-Spoofing Rules – The FCC will consider a Second Report and Order that would amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-335 and 11-39)
A public draft text of each item on the agenda is available on the FCC’s open meeting page. The August 1st open meeting is scheduled to commence at 10:30 a.m., and will be streamed live online at www.fcc.gov/live.
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FCC Chairman Provides Details On Rural Digital Opportunity Fund
July 10, 2019 – FCC Chairman Ajit Pai has circulated a Notice of Proposed Rulemaking to formally establish the Rural Digital Opportunity Fund, which will provide $20.4 billion over the next 10 years to support broadband networks in rural America. Chairman Pai made the announcement in the FCC’s official blog. Under Chairman Pai’s proposal, support will be disbursed in two phases using a multi-round, descending-clock reverse auction. Phase I will target those areas that are wholly unserved. Phase II will target (1) any areas not won in Phase I, and (2) census blocks that are partially served once the FCC has granular information about which areas are already served with broadband. The Rural Digital Opportunity Fund will require support recipients to provide at least 25/3 Mbps broadband service, and the reverse auction will favor faster services with lower latency, like gigabit Internet access. The auction will be open to all types of Internet service providers, such as rural telephone companies, small cable providers, fixed wireless companies, and electric cooperatives. The FCC will vote to adopt the NPRM at its August 2019 open meeting.
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Senators Introduce Small Business Cybersecurity Assistance Act
July 8, 2019 – U.S. Senators Marco Rubio (R-FL) and Gary Peters (D-MI) have introduced The Small Business Cybersecurity Assistance Act of 2019, S. 2034, which “aims to better educate small businesses on cybersecurity through counselors and resources offered at Small Business Development Centers.” The bill directs the Small Business Administration to become a cybersecurity clearinghouse by consolidating and managing federal government cybersecurity materials so small businesses can easily access information in one place. It also requires Department of Homeland Security officials to train SBDC counselors on higher-level cybersecurity information and to develop cybersecurity materials they can disseminate to the small business community. The Small Business Cybersecurity Assistance Act of 2019 has been referred to the Senate Committee on Small Business and Entrepreneurship.
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Now Accepting Applications: $20 Million Connecting Michigan Communities Grant Program
July 2, 2019 – Michigan Governor Gretchen Whitmer has announced the opening of applications for the Connecting Michigan Communities (CMIC) grant program to increase broadband in underserved areas of Michigan. The application window runs from July 1 through August 30. Grant awards are scheduled to be announced in April of 2020, and all awarded projects must be completed by September 30, 2023. Funding priority will be given to applications that demonstrate collaboration to achieve community investment and economic development goals. Applicants must also show they have the managerial, financial, and technical abilities to build, operate, and manage a broadband network. Applicants can apply for up to $5 million per grant and can apply for multiple projects. The scoring criteria includes, among other things, community and economic development, readiness to build, operate, and maintain the project, and the long-term viability of the project. The grant application and additional information are available online at the CMIC grant program website.
