April 2020 News Update
CAF II Auction Winner Fond Du Lac Communications Receives ETC Designation In Minnesota
April 27, 2020 – The FCC’s Wireline Competition Bureau (WCB) has designated Fond du Lac Communications, Inc. as an eligible telecommunications carrier (ETC) in areas within Minnesota where Fond du Lac was awarded support from the Connect America Fund (CAF) Phase II auction. Because Fond du Lac is not subject to the Minnesota Public Utility Commission’s regulatory authority, the WCB, acting on delegated authority from the FCC, designated Fond du Lac as an ETCs. Fond du Lac applied for ETC designation within the boundaries of the Fond du Lac Band of Lake Superior Chippewa Reservation, which includes most census blocks where Fond du Lac is eligible to receive Phase II auction support and other additional areas. It also applied for ETC designation in limited areas outside the Reservation, which includes a few census blocks eligible for CAF Phase II support. The WCB found Fond du Lac met all applicable conditions and prerequisites for ETC designation. Fond du Lac’s ETC designation is effective only upon its authorization to receive CAF II auction support. In areas where FDLCI is not eligible to receive CAF Phase II auction support, it has been designated as a Lifeline-only ETC.
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FCC Expected To Revoke Authorizations Of Four Companies With Ties To the Chinese Communist Government
April 24, 2020 – The Federal Communications Commission has issued Orders to Show Cause against four companies that are believed to be subject to the ownership and control of the Chinese communist government: China Telecom Americas, China Unicom Americas, Pacific Networks, and ComNet. Each company must explain why the FCC should not start the process of revoking their domestic and international section authorizations which enable them to operate in the United States.
China Telecom (Americas) Corporation (China Telecom Americas) is directed to show cause why the Commission should not initiate a proceeding to revoke and terminate China Telecom Americas’ domestic and international section 214 authorizations issued pursuant to Section 214 of the Communications Act and to reclaim China Telecom Americas’ International Signaling Point Codes (ISPCs) given, among other things, the views of the Executive Branch that there are “substantial and unacceptable national security and law enforcement risks associated with [China Telecom Americas’] continued access to U.S. telecommunications infrastructure pursuant to its international Section 214 authorizations. China Telecom Americas has 30 calendar days to file its response.
China Unicom (Americas) Operations Limited (China Unicom Americas) is directed to show cause why the Commission should not initiate a proceeding to revoke China Unicom Americas’ domestic and international section 214 authorizations issued pursuant to Section 214 of the Communications Act and to reclaim China Unicom Americas’ International Signaling Point Codes. China Unicom Americas has 30 calendar days to file its response.
Pacific Networks Corp. (Pacific Networks) and its wholly owned subsidiary, ComNet (USA) LLC (ComNet), is directed to show cause why the Commission should not initiate a proceeding to revoke and terminate their domestic and international Section 214 authorizations issued pursuant to Section 214 of the Communications Act and to reclaim ComNet’s International Signaling Point Codes. Pacific Networks and ComNet have 30 calendar days to file their responses.
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FCC 2020 Broadband Deployment Report Finds U.S. Broadband Deployment Sufficient
April 24, 2020 – The FCC has released its annual Broadband Deployment Report for 2020, and for the third consecutive year, has concluded that advanced telecommunications capability is being deployed on a reasonable and timely basis. Pursuant to Section 706 of the Telecommunications Act of 1996, the FCC is required to determine annually whether advanced telecommunications capability is being deployed to all Americans “in a reasonable and timely fashion.” Among other things, the 2020 Broadband Deployment Report includes the following key statistics:
The number of Americans lacking access to fixed terrestrial broadband service at 25/3 Mbps continues to decline, going down by more than 14% in 2018 and more than 30% between 2016 and 2018.
The number of Americans without access to 4G LTE mobile broadband with a median speed of 10/3 Mbps fell approximately 54% between 2017 and 2018.
The vast majority of Americans—surpassing 85%—now have access to fixed terrestrial broadband service at 250/25 Mbps, a 47% increase since 2017, with the number of rural Americans having access to 250/25 Mbps fixed terrestrial broadband service more than tripling between 2016 and 2018.
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FCC Approves $9 Billion 5G Fund Notice of Proposed Rulemaking
April 24, 2020 – The FCC has adopted a Notice of Proposed Rulemaking that kicks off a proceeding “to establish a 5G Fund for Rural America, which would use multi-round reverse auctions to distribute up to $9 billion, in two phases, over the next decade and beyond to bring voice and 5G broadband service to rural areas of [the] country that are unlikely to see unsubsidized deployment of 5G-capable networks.” Phase I of the 5G Fund would target at least $8 billion of support to rural areas that would be unlikely to see timely deployment of voice and 5G broadband service absent high-cost support or as part of T-Mobile’s transaction-related commitments. The NPRM specifically seeks comment on two options for identifying areas that would be eligible for Phase I 5G Fund support. Phase II would target support to bring wireless connectivity to harder to serve and higher cost areas, such as farms and ranches, and make at least $1 billion available specifically aimed at deployments that would facilitate precision agriculture. Comments in response to the NPRM are due 30 days after the NPRM is published in the Federal Register, and reply comments are due 60 days after publication.
In an Order accompanying the NPRM, the FCC directed the Office of Economics and Analytics and the Wireline Competition Bureau to propose and seek public comment on methodologies for use of an adjustment factor and for disaggregation of legacy high-cost support for mobile carriers and to implement those methodologies to the extent such action is supported by the resulting record and is consistent with the outcome of the 5G Fund proceeding. The Order also closes WT Docket No. 10-208, the Mobility Fund Phase II proceeding, and opens the 5G Fund proceeding, GN Docket No. 20-104.
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FCC Releases Tentative Agenda For May 13 Open Meeting
April 22, 2020 – FCC Chairman Ajit Pai has announced the following tentative agenda for the FCC’s next open meeting scheduled for Wednesday, May 13, 2020:
Transitioning the 900 MHz Band to Enable Broadband Deployment – The FCC will consider a Report and Order that would realign the 900 MHz band to create a new six megahertz broadband segment to support the growing technological needs of our nation’s industries, while reserving the remaining four megahertz of the band for narrowband operations. (WT Docket No. 17-200)
Facilitating Deployment of Satellite Earth Stations in Motion – The FCC will consider a Second Report and Order and Report and Order addressing rules to facilitate the deployment of geostationary-satellite orbit and non-geostationary-orbit fixed-satellite service earth stations that operate while in motion. (IB Docket Nos. 17-95, 18-315)
Revising Broadcaster Rules on Public Notice of Filing Applications – The FCC will consider a Report and Order that would modernize and simplify the written and on-air public notices broadcasters must provide upon the filing of certain applications. (MB Docket Nos. 17-264, 17-105, 05-6)
Modernizing Regulatory Fee Rules to Level the Playing Field and Initiating the FY2020 Process – The FCC will consider a Report and Order and Notice of Proposed Rulemaking. The Report and Order would level the playing field between domestic and foreign licensed space stations by assessing a regulatory fee on non-U.S. licensed space stations with United States market access. The Notice of Proposed Rulemaking initiates the FCC’s annual regulatory fee proceeding. (MD Docket Nos. 20-105, 19-105)
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DMCA Lawsuit Update: District Court Allows Vicarious Copyright Infringement Claims Against Charter To Go Forward
April 19, 2020 – The U.S. District Court for the District of Colorado has issued an Order in Warner Records Inc. et al. v. Charter Communications, Inc., rejecting Charter’s motion to dismiss the plaintiff’s vicarious copyright infringement claim. The District Court’s Order adopts wholesale the recommendations from the Magistrate’s October 2019 order. The plaintiffs – a group of the largest recording companies (i.e., Universal, Warner, Sony) – filed a copyright infringement lawsuit against Charter in 2019, alleging Charter, through the provision of high-speed broadband service, “has knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers.” The plaintiffs allege Charter is liable as (1) “a contributory copyright infringer,” and (2) “a vicarious copyright infringer” for the direct infringements of its subscribers.
Charter filed a motion to dismiss the vicarious liability claims, arguing the record company plaintiffs failed to allege (1) a causal connection between the alleged infringement and its profits and, thus, failed to show a direct financial interest in any infringing activities; and (2) that Charter maintained the right and ability to control infringement by its subscribers. Charter’s motion was sent to a U.S. Magistrate Judge that recommended it be denied. Charter objected to both findings.
The District Court adopted the Magistrate’s decision. With respect to the financial benefit element of vicarious liability, the District Court concluded a financial benefit exists where the availability of infringing material acts as a draw for customers and the size of the “draw” relative to a defendant’s overall business is immaterial. The District Court then found the ability to supervise the infringing activity element of vicarious liability was satisfied. The Court said Charter might not have “the ability to identify and terminate all users who infringe on plaintiffs’ copyrighted materials,” but “Charter does not argue that it lacked the ability to terminate some users, such as those identified in plaintiffs’ infringement notices, and that is enough.” The case now moves forward with both the contributory infringement and vicarious infringement claims intact.
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SpaceX Wants To Operate Starlink Satellites At Lower Altitudes
April 17, 2020 – Space Exploration Holdings, LLC – SpaceX – has filed an application with the FCC’s International Bureau asking for permission to modify its current FCC authorization to operate its Starlink satellite network at lower altitudes. More specifically, SpaceX is seeking permission to operate all 4,400 of its planned Starlink satellites at altitudes ranging from 540 km to 570 km. In its application, SpaceX summarized its request as follows:
Space Exploration Holdings, LLC seeks to modify its Ku/Ka-band NGSO license to relocate satellites previously authorized to operate at altitudes from 1,110 km to 1,325 km down to altitudes ranging from 540 km to 570 km, and to make related changes.
SpaceX announced its plans for the Starlink network in 2015. SpaceX will manufacture, launch, and operate the global network of low Earth orbit communications satellites, with the goal of providing Internet access services in the U.S. and worldwide. SpaceX has already received approval from the ITU and the FCC for 12,000 satellites, which would be the world’s largest low-Earth-orbit satellite constellation. It initially launched 60 Starlink satellites into orbit in May 2019, and currently has over 350 deployed. The next launch of Starlink satellites is scheduled for April 22, 2020.
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FCC Releases Procedures For 2020 Annual Access Charge Tariff Filings
April 15, 2020 – The FCC’s Wireline Competition Bureau has released an Order establishing procedures for the 2020 filing of annual access charge tariffs and Tariff Review Plans (TRPs) for incumbent local exchange carriers (ILECs) subject to price cap regulation, as well as rate-of-return LECs subject to Sections 61.38, 61.39, and 61.50 of the FCC’s rules. ILECs are permitted to make their tariff filings either 15 or 7 days prior to the scheduled effective date of their tariff revisions, depending on the type of changes the tariffs propose.
15-Day Notice: ILECs filing tariffs on 15 days’ notice must make their annual tariff filings on June 16, 2020, for an effective date of July 1, 2020. Tariff filings must be received by ETFS after 7:00 p.m. Eastern Time on June 15, 2020 and before 7:00 p.m. Eastern Time on June 16, 2020 for the filing to be considered officially received on June 16, 2020. Petitions to suspend or reject 15 days’ notice tariff filings will be due no later than June 23, 2020, and replies will be due no later than June 26, 2020.
7-Day Notice: ILECs filing tariffs on 7 days’ notice must make their annual tariff filings on June 24, 2020, for an effective date of July 1, 2020. Tariff filings must be received after 7:00 p.m. Eastern Time on June 23, 2020 and before 7:00 p.m. Eastern Time on June 24, 2020 for the filing to be considered officially received on June 24, 2020. Petitions to suspend or reject 7 days’ notice tariff filings will be due no later than June 26, 2020, and replies will be due no later than June 29, 2020.
All correspondence and comments in connection with 2020 annual tariff filings should refer to the proceeding’s caption: July 1, 2020 Annual Access Charge Tariff Filings, WC Docket No. 20-55.
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FCC Webinar: Rural Digital Opportunity Fund Phase I Auction – May 5th
April 15, 2020 – The FCC’ s Rural Broadband Auctions Task Force has announced it will conduct a webinar on the Rural Digital Opportunity Fund Phase I auction (Auction 904) on Tuesday, May 5, 2020, from 4:00 pm to 5:30 pm EDT. RDOF Phase I, Auction 904, will award up to $16 billion for the deployment of voice and fixed broadband services at speeds of 25/3 Mbps or faster to unserved locations nationwide. Auction 904 is currently scheduled to begin in October 2020. The webinar will provide an overview of the adopted policy framework for Auction 904, the proposed procedures for applications and bidding in the auction, and tips for service providers that are interested in applying to participate in the auction. The webinar can be accessed here.
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FCC Authorizes CAF II Auction Funding For Armstrong Telecommunications
April 14, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II Auction support for 21 winning bids placed by Armstrong Telecommunications, Inc. in Pennsylvania. The Bureau authorized the support amounts after reviewing the information in Armstrong’s Auction 903 long-form application, including letters of credit and Bankruptcy Code opinion letters. The Universal Service Administrative Company may now obligate and disburse Universal Service Fund support, with payments beginning at the end of April 2020 and continuing until 120 equal monthly payments have been made. Armstrong, like other CAF II auction support recipients, must begin commercially offering broadband service to 40 percent of its 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 post a state-level summary under the “Data” tab on the Auction 903 webpage. 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 Seeking Comment On How Section 4 Of The Secure And Trusted Communications Networks Act Of 2019 Applies To National Security Proceeding Proposals
April 13, 2020 – The FCC’s Wireline Competition Bureau has released a Public Notice to seek comment on how Section 4 of the Secure and Trusted Communications Networks Act of 2019 applies to proposals under consideration in the FCC’s Protecting Against National Security Threats to the Communications Supply Chain rulemaking and related proceedings. In the November 2019 National Security Report and Order, the FCC adopted a rule that prospectively prohibits the use of universal service fund support to purchase or obtain any equipment or services produced or provided by a covered company posing a national security threat to the integrity of U.S. communications networks or the U.S. communications supply chain. The FCC initially designated Huawei and ZTE as covered companies and established a process for designating additional covered companies in the future.
Reimbursement Program. Section 4 of the Secure Networks Act directs the FCC to establish a reimbursement program for “providers of advanced communications service” replacing covered communications equipment or services, and is largely consistent with the FCC’s proposed a reimbursement program. The Bureau is seeking comment on whether the FCC should modify its proposed reimbursement program to implement these new statutory requirements.
Replacement Equipment. Section 4(d)(1) of the Secure Networks Act directs the FCC to develop a list of physical and virtual communications equipment and services to replace blacklisted equipment and services. In general, comment is sought on how to develop a list of suggested replacement communications equipment and services; possible sources of information; and how often the list should be updated.
Comments are due 15 days after the Public Notice is published in the Federal Register, and reply comments are due 30 days after publication. Comments should be filed in WC Docket 18-89 using the FCC’s Electronic Comment Filing System (ECFS).
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AT&T Notifies FCC Of Erroneous Form 477 Broadband Deployment Reports; Roughly 3,600 AT&T Census Blocks In 20 States Should Be Eligible For RDOF Phase I Auction
April 10, 2020 – AT&T has notified the FCC that it incorrectly reported 25/3 Mbps broadband service was available in nearly 3,600 census blocks, and has removed them from its FCC Form 477 reports. AT&T made the filing in response to the FCC’s the Rural Digital Opportunity Fund (RDOF) Phase I auction challenge process. On March 17, 2020, the FCC’s Wireline Competition Bureau released a preliminary list of census blocks deemed initially eligible for the RDOF Phase I auction, which kicked off a limited challenge process to identify census blocks that should not be eligible for support. In AT&T’s case, it reported census blocks which were erroneously labeled as served by its price cap affiliates in parts of 20 U.S. states. Apparently, AT&T incorrectly certified the areas as served with 25/3 Mbps broadband service on FCC Form 477 broadband deployment reports going back to December 2017. The areas are now expected to be eligible for support in the RDOF Phase I auction, unless they are already serviced by another broadband provider.
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FCC Report Shows Potential Impact Of 5G Fund, If Existing Data Sources Are Used To Identify Rural Areas
April 9, 2020 – The FCC’s Rural Broadband Auctions Task Force and Office of Economics and Analytics have released a report detailing the potential impact of the FCC’s 5G Fund to support wireless connectivity in rural America. Specifically, the report shows which areas would be eligible for 5G Fund support based upon existing data sources that identify rural areas. As currently proposed, the 5G Fund for rural America will use multi-round reverse auctions to distribute up to $9 billion, in two phases, over the next decade and beyond to bring voice and 5G wireless broadband service to rural areas of the U.S. that are unlikely to see unsubsidized deployment of 5G-capable networks. At its April 23, 2020 open meeting, the FCC will vote to approve a Notice of Proposed Rulemaking to establish the 5G Fund. Among other things, the NPRM will seek comment on two options for identifying areas that would be eligible for 5G Fund support. Under Option A, the FCC would hold an auction in 2021 by defining eligible areas based on current data sources that identify areas as particularly rural and thus in the greatest need of universal service support. Option B would define eligible areas after collecting and processing improved mobile broadband coverage data through the forthcoming Digital Opportunity Data Collection. The FCC staff’s report shows how much of each state’s area and population could be eligible for 5G funding if Option A is used and the auction proceeds in 2021. The report includes maps showing the potential impact for each state. For example, under Option A, in terms of land area percentage, 92% of Nebraska, 91% of North Dakota, 90% of South Dakota, 89% of Montana, 86% of Wyoming, 85% of Vermont, 85% of Kansas, 83% of Maine, 81% of Colorado, and 81% of Idaho would be potentially eligible to receive funding for 5G service. The FCC has released an online map showing the 5G Fund Option A eligibility analysis.
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Executive Order Establishes Committee For The Assessment Of Foreign Participation In The U.S. Telecom Services Sector
April 4, 2020 – President Trump has issued an Executive Order Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. The Committee’s primary objective is to assist the FCC in its public interest review of national security and law enforcement concerns that may be raised by foreign participation in the U.S. telecom services sector. Among other things, the Committee will review and assess FCC applications, petitions, or other requests for a license or authorization, or the transfer of a license or authorization to determine whether granting a license or the transfer of a license poses a risk to national security or law enforcement interests of the U.S. The Committee also may review existing licenses to identify any additional or new risks to national security or law enforcement interests of the U.S. Federal Communications Commission Chairman Ajit Pai issued the following statement on the Executive Order:
I applaud the President for formalizing Team Telecom review and establishing a process that will allow the Executive Branch to provide its expert input to the FCC in a timely manner. Now that this Executive Order has been issued, the FCC will move forward to conclude our own pending rulemaking on reform of the foreign ownership review process. As we demonstrated last year in rejecting the China Mobile application, this FCC will not hesitate to act to protect our networks from foreign threats. At the same time, we welcome beneficial investment in our networks and believe that this Executive Order will allow us to process such applications more quickly.
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Tennessee Announces $19.7 Million In Broadband Accessibility Grants
April 3, 2020 – Tennessee Governor Bill Lee and Department of Economic and Community Development Commissioner Bob Rolfe have announced $19.7 million in broadband accessibility grants that will expand service to support 31,000 unserved Tennesseans in nearly 12,700 households and businesses. The following entities received grants:
Ben Lomand Connect: $2,000,000 serving parts of Cumberland County
BTC Fiber: $1,500,000 serving parts of Bledsoe County
Charter Communications (Spectrum): $140,433 serving parts of Henderson County
Comcast: $568,509.64 serving parts of Cheatham and Dickson Counties
Fayetteville Public Utilities: $1,750,000 serving parts of Lincoln County
Forked Deer Electric Cooperative: $719,921 serving parts of Haywood and Lauderdale Counties
Gibson Electric Membership Corporation: $703,518 serving parts of Obion County
HolstonConnect, LLC: $361,211 serving the Mooresburg community in Hamblen and Hawkins Counties
Meriwether Lewis Electric Cooperative: $593,166 serving parts of south Perry County
PVECFiber and Scott County Telephone Cooperative: $1,908,811.24 serving part of Union County
SVEConnect: $1,654,882 serving the Battle Creek and South Pittsburg Mountain communities in Marion County
Southwest Tennessee Electric Membership Cooperative: $1,768,686 serving parts near the Brownsville community in Haywood County
TEC: $826,677.45 serving parts of the Buena Vista and McLemoresville communities in Carroll County
Tri-County Fiber Communications, LLC: $501,811 serving parts of Trousdale County
Twin Lakes Telephone Cooperative: $1,406,000 serving parts of Fentress and Overton Counties
United Communications: $1,331,504.80 serving the Eagleville community in rural Rutherford and Williamson Counties
West Kentucky and Tennessee Telecommunications Cooperative: $2,000,000 serving parts of Weakley County
The 17 broadband grant recipients will provide $29.8 million in matching funds to complete their projects for a combined investment of $49.5 million. Grantees are required to have service operational within two years of receiving the grant funds. The Tennessee Broadband Accessibility Grant Program is in its third year. The goal of the program is to facilitate broadband access to all Tennesseans while promoting practices that increase deployment and encourage adoption, and is designed to offset the capital expenses in the deployment of broadband in unserved areas. Governor Lee has included $25 million in his fiscal year 2021 recommended budget to continue the broadband grant program.
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SiyCom Purchasing 3 Rivers Assets On Blackfeet Nation Reservation In Montana
April 3, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on an application filed by 3 Rivers Telephone Cooperative, Inc. and Siyeh Communications requesting approval of SiyCom’ acquisition of certain 3 Rivers assets in the Browning Exchange in Montana. As explained in the Section 214 application, 3 Rivers, a cooperative headquartered in Fairfield, Montana, is an incumbent local exchange carrier (LEC) that operates in 26 exchanges, as well as two competitive LEC exchanges in Montana. SiyCom, headquartered in Browning, Montana, is the communications provider of the Blackfeet Nation, and currently provides broadband services to approximately 179 subscribers. SiyCom is a wholly-owned subsidiary of Siyeh Corporation, a federally chartered corporation owned by the Blackfeet Nation, whose mission is to promote economic development, produce revenue and employment opportunities and promote self-determination by members of the Blackfeet Nation. Through an Asset Purchase Agreement between 3 Rivers and SiyCom, SiyCom will acquire substantially all of the assets of 3 Rivers in the Browning Exchange in Montana, including, but not limited to, its telecommunications facilities, customer databases, and associated contracts. Comments on the application are due on or before April 17, 2020, and reply comments are due April 24, 2020.
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FCC Orders Three VoIP Gateway Providers To Cease Transmitting Scam COVID-19-Related Robocall Traffic
April 3, 2020 – The FCC and FTC have sent letters to three VoIP Gateway Providers – SIPJoin of Suffolk, Virginia; Connexum of Orange, California; and VoIP Terminator/BLMarketing of Lake Mary, Florida – directing them to immediately cease routing and transmitting scam COVID-19-related robocall traffic. One scam robocall campaign offers a non-existent “free test kit” for COVID-19 (originating in the Philippines), while a second offers HVAC cleaning services that robocallers falsely claim will help fight COVID-19 (originating in Pakistan). If after 48 hours, any of the three gateway providers continues to route or transmit the identified scam robocall traffic, the FCC will authorize U.S. voice providers to block all calls from the provider and take any other steps as needed to prevent further transmission of unlawful calls. The three VoIP Gateway Providers transmitting the scam robocalls were identified by the USTelecom Industry Traceback Group, a collaborative effort of companies across the wireline, wireless, VoIP, and cable industries that actively trace and identify the source of illegal robocalls.
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FCC Waives Broadband Network Pre-Testing Sample Size Requirements For CAF II Model-Based Support Recipients
April 3, 2020 – Due to the coronavirus pandemic, the FCC has waived, on its own motion, certain network performance pre-testing requirements for recipients of Connect America Fund (CAF) Phase II model-based support. Specifically, the waiver allows broadband providers to test less than the required number of subscriber locations during the pre-test period if testing would require installation of new equipment inside subscribers’ premises. In the October 2019 Performance Measures Order On Reconsideration, the FCC set a framework for measuring speed and latency performance that applies to fixed broadband service providers receiving high-cost universal service fund support to serve fixed locations, along with specific start dates for pre-testing and official testing. Price-cap carriers receiving CAF Phase II model-based support were required to begin pre-testing on January 1, 2020, with testing beginning July 1, 2020. The Bureau’s decision waives the pre-testing sample size requirements for CAF Phase II model-based support recipients to the extent needed to avoid any additional in-home installations by carrier technicians.
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FCC Releases Tentative Agenda For April 23rd Open Meeting
April 2, 2020 – Federal Communications Commission Chairman Ajit Pai has announced the tentative agenda for the FCC’s April 23rd open meeting:
Unlicensed Use of the 6 GHz Band – The FCC will consider a Report and Order and Further Notice of Proposed Rulemaking that would promote innovation and the use of mid-band spectrum for broadband by allowing unlicensed operations in the 5.925-7.125 GHz band while protecting existing licensed operations. (ET Docket No. 18-295; GN Docket No. 17-183)
Proposing the 5G Fund for Rural America – The FCC will consider a Notice of Proposed Rulemaking and Order that would propose to establish the 5G Fund for Rural America, awarding up to $9 billion in support over 10 years for the deployment of 5G mobile broadband services in rural areas. (GN Docket No. 20-32)
Mitigation of Orbital Debris in the New Space Age – The FCC will consider a Report and Order and Further Notice of Proposed Rulemaking that would comprehensively update the Commission’s orbital debris rules for all Commission-authorized satellites. (IB Docket No. 18-313)
ViaSat Market Access Request – The FCC will consider an Order and Declaratory Ruling that would grant ViaSat’s request for U.S. market access to offer broadband services using a proposed constellation of non-geostationary orbit satellites. (IBFS File Nos. SAT-PDR-20161115-00120 and SAT-APL-20180927-00076)
Improving Low Power FM Radio – The FCC will consider a Report and Order that would modernize the LPFM technical rules to provide more regulatory flexibility for licensees. (MB Docket Nos. 19-193, 17-105)
Expanding Availability of Video Description – The FCC will consider a Notice of Proposed Rulemaking that would propose to expand video description requirements to 40 additional local television markets over the next four years to increase the accessibility of programming to blind and visually impaired Americans. (MB Docket No. 11-43)
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Supply Chain Information Collection Responses Now Due May 22nd
April 2, 2020 – The FCC’s Wireline Competition Bureau and Office of Economics and Analytics have provided a 30-day extension of time for filers to complete the Supply Chain Information Collection. Responses are now due on May 22, 2020. In February, the FCC commenced of an information collection on the use of Huawei Technologies Company and ZTE Corporation equipment and services in U.S. communications networks. Pursuant to the FCC’s 2019 Supply Chain Order, Eligible Telecommunications Carriers (ETCs) must report the extent to which their networks contain or use potentially prohibited equipment or services provided by Huawei, ZTE, or their subsidiaries, parents, or affiliates, and the costs associated with removing such equipment and replacing it with equivalent equipment. The portal for ETCs to submit information is available at www.fcc.gov/supplychain. The information collection is mandatory for all ETCs and their subsidiaries and affiliates. ETCs that do not use equipment or services from Huawei or ZTE are required to report that they do not use such equipment or services.
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Tracfone Fined $6 For Violating Lifeline Program Rules
April 2, 2020 – The FCC has proposed a $6,013,000 fine against prepaid wireless provider TracFone Wireless for apparently claiming federal Lifeline funding for customers who were not actually determined to be eligible for the program. As explained in the FCC’s Notice Of Apparent Liability For Forfeiture And Order, agents of TracFone, which provides service under the SafeLink Wireless brand, “apparently fabricated subscriber data in Florida and sought reimbursement for ineligible subscribers in Texas, causing TracFone to return $1,272,754 in improperly received Lifeline support.” Among other things, the FCC’s Enforcement Bureau found that TracFone claimed support for seven customers in Florida at different addresses using the same name, all seven of whom had birth dates in July 1978 and shared the same last four Social Security Number digits. The sales agents were apparently given commissions for new Lifeline subscriber enrollments. In Texas, TracFone apparently sought reimbursement for thousands of ineligible subscribers, and claimed more Lifeline support than was authorized by the Public Utility Commission of Texas, which is responsible for making subscriber eligibility determinations in that state. The $6 million fine is based on 5,738 apparently improper claims for funding that TracFone made in June 2018 and includes an upward adjustment in light of the company’s egregious conduct in Florida.
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FCC Chairman Circulates Draft NPRM To Establish $9 Billion Rural 5G Fund
April 1, 2020 – Federal Communications Commission Chairman Ajit Pai has announced he has circulated a draft Notice of Proposed Rulemaking to establish a $9 billion 5G Fund to support wireless connectivity in rural America. In December 2019, Chairman Pai announced the plan for a 5G Fund to replace the FCC’s Mobility Fund Phase II, which was terminated after FCC staff determined coverage data submitted by mobile wireless providers as part of a challenge process was unreliable. According to the FCC News Release, the proposed “5G Fund would specifically target rural areas that would not see timely deployment of 5G service absent support and are not likely to be covered by the T-Mobile transaction commitments.” The NPRM will seek comment on two options for identifying areas that would be eligible for 5G Fund support:
Under one approach for Phase I, the Commission would hold an auction in 2021 by defining eligible areas based on current data sources that identify areas as particularly rural and thus in the greatest need of universal service support. In recognition of the challenges of ensuring that 5G service is deployed to areas that lack any mobile broadband service, the proposal would prioritize areas that have historically lacked 4G LTE or 3G service.
The second approach would delay the 5G Fund Phase I auction until at least 2023, after collecting and processing improved mobile broadband coverage data through the Commission’s new Digital Opportunity Data Collection.
The NPRM proposes to award 5G funding through a reverse auction, and would make at least $1 billion available for deployments that would facilitate precision agriculture. The FCC will vote to adopt and release the NPRM at its April 23 open meeting.
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FCC Chairman Proposes Opening Up 6 GHz Band For Unlicensed Use
April 1, 2020 – FCC Chairman Ajit Pai has circulated a Report and Order and Notice of Proposed Rulemaking that would permit unlicensed use in the 6 GHz band. The item will be voted on at the FCC’s April 23rd open meeting. The Report and Order, if adopted, will make 1,200 megahertz of spectrum available for unlicensed use, and will authorize two different types of unlicensed operations: standard-power in 850-megahertz of the band, and indoor low-power operations over the full 1,200-megahertz available in the 6 GHz band. The FNPRM proposes to permit very low-power devices to operate across the 6 GHz band, to support high data rate applications including high-performance, wearable, augmented-reality and virtual-reality devices. Among other things, it seeks comment on making a contiguous 1,200-megahertz block of spectrum available for the development of new and innovative high-speed, short-range devices and on power levels and other technical and operational measures to avoid causing interference to incumbent services.
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FCC To Eliminate And Detariff Access Charges, Prohibit Listing Them On Customer Bills
April 1, 2020 – The FCC has issued a Notice of Proposed Rulemaking that proposes to deregulate and detariff end user interstate access charges, and prohibit carriers from separately listing those charges on customers’ bills. Specifically, the NPRM proposes to eliminate and require detariffing of the following access charges: the Subscriber Line Charge, the Access Recovery Charge, the Presubscribed Interexchange Carrier Charge, the Line Port Charge, and the Special Access Surcharge. The NPRM also proposes modifications to the FCC’s truth-in-billing rules to explicitly prohibit carriers from assessing any separate access charges on customers’ bills after those charges are deregulated and detariffed. Comments in response to the NPRM are due 45 days after the NPRM is published in the Federal Register, and reply comments are due 75 days after publication.
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