June 2020 News Update
FCC Designates Huawei & ZTE Threats To U.S. National Security
June 30, 2020 – The FCC’s Public Safety and Homeland Security Bureau has released orders designating Huawei Technologies Company and ZTE Corporation, as well as their parents, affiliates, and subsidiaries, as companies posing a national security threat to the integrity of U.S. communications networks and the communications supply chain. 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 directed the PSHS Bureau to determine whether to issue final designations. The June 30 orders issue final designations for Huawei and ZTE, as well as their affiliates. The final designations are effective immediately. As a result, no universal service support may be used to purchase, obtain, maintain, improve, modify, or otherwise support any equipment or services produced or provided by Huawei or ZTE.
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FCC Denies Eligibility Waiver; Bars Johnson Telephone Company From Participating In RDOF Phase I Auction
June 30, 2020 – The FCC’s Wireline Competition Bureau has denied a petition filed by Johnson Telephone Company for waiver of the FCC’s rule that prohibits entities that defaulted on all of their Connect America Fund Phase II Auction bids from participating in the Rural Digital Opportunity Fund Phase I Auction (Auction 904). Johnson Telephone, a rural local exchange carrier in Minnesota, was the winning bidder in the CAF II Auction for $81,272 to serve 47 locations in one census block group in Minnesota. However, Johnson defaulted on its one winning bid, and paid a penalty to the FCC’s Enforcement Bureau. Johnson Telephone then petitioned for a waiver of the FCC’s RDOF eligibility rule barring applicants that defaulted on all of their CAF II Auction bids from participating in the RDOF Phase I Auction. The Bureau has denied the petition, finding Johnson has not established special circumstances that would warrant waiver of the FCC’s eligibility rule. In its Order, the Bureau explained that the FCC’s rules specifically state that “a winning bidder that defaults, in addition to being liable for a default payment, shall be subject to such measures as the Commission may provide, including but not limited to disqualification from future competitive bidding.”
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FCC Releases List & Map Of Areas Eligible For Rural Digital Opportunity Fund Phase I Auction
June 25, 2020 – The FCC’s Wireline Competition has released an updated list of census blocks and a map of areas that have been deemed initially eligible for the Rural Digital Opportunity Fund Phase I auction (Auction 904). The Bureau has also released, for illustrative purposes, a list of census block groups and annual reserve prices. The list of census blocks, census block groups, and the eligible areas map are available on the Auction 904 website at: https://www.fcc.gov/auction/904. The Bureau reminds potential RDOF auction participants that the updated list of eligible areas is not the final list of eligible areas. The Bureau will release a final list of eligible areas no later than three weeks prior to the start of bidding in Auction 904.
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FCC Announces Tentative Agenda For July 16th Open Meeting
June 25, 2020 – Federal Communications Commission Chairman Ajit Pai has announced the following tentative agenda for the FCC’s July 16, 2020 open meeting:
Designating 988 for the National Suicide Prevention Lifeline – The Commission will consider a Report and Order that would designate 988 as the 3-digit number for the National Suicide Prevention Lifeline to aid rapid access to suicide prevention and mental health support services. (WC Docket No. 18-336)
Call Blocking Rules – The Commission will consider a Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking that would continue the Commission’s work to combat unwanted and illegal calls and implement portions of the TRACED Act. (CG Docket No. 17-59)
Secure Networks Act Implementation – The Commission will consider a Declaratory Ruling and Second Further Notice of Proposed Rulemaking that would integrate provisions of the recently enacted Secure and Trusted Communications Networks Act of 2019 into its existing supply chain rulemaking proceeding. (WC Docket No. 18-89)
Wireless E911 Location Accuracy Requirements – The Commission will consider a Sixth Report and Order and Order on Reconsideration that would further its effort to improve vertical (or Z-Axis) location accuracy for wireless 911 calls, which will help first responders quickly locate people calling for help from multi-story buildings. (PS Docket No. 07-114)
Modernizing Priority Services Rules – The Commission will consider a Notice of Proposed Rulemaking that would streamline and update its rules to ensure that priority service programs operate effectively for emergency workers as technology evolves. (PS Docket No. 20-187)
Leased Commercial Access – The Commission will consider a Second Report that would modernize the leased access rate formula by adopting a tier-based calculation. (MB Docket Nos. 07-42, 17-105)
Improving Broadband Data and Maps – The Commission will consider a Second Report and Order and Third Further Notice of Proposed Rulemaking that would establish requirements to ensure that the Commission collects accurate and granular data on the availability of broadband service through the Digital Opportunity Data Collection, and would seek comment on additional measures to implement the requirements of the Broadband DATA Act. (WC Docket No. 19-195)
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New Report Shows Stand-Alone Broadband Adoption Rate Increasing
June 25, 2020 – Market research and consulting firm Parks Associates has released a new report with data showing the adoption rate for stand-alone broadband Internet access service has risen from 34% in 2017 to 42% in the first quarter of 2020. Stand-alone broadband service is unbundled from other services, meaning it is not part of a double-, triple-, or quadruple-play package with Cable TV, video, phone service, mobile phone service, or other services. The report, 360 Deep Dive: Broadband Value-added Services, shows “the average stand-alone Internet subscriber now pays $60 per month for service, which increased by 36% from 1Q 2012 to 3Q 2019, while payment for TV + Internet services increased from $107 to only $127 over the same time period.” Among other things, the report quantifies broadband households’ awareness, adoption, use, sentiment, and money spent on broadband value-added services (VAS) along with interest in specific VAS. According to the report, “COVID-19-related changes in the needs of broadband households indicate that many consumers are likely trying many VAS for the first time, particularly telehealth, video conference, and remote learning tools.” Parks Associates’ research finds nearly one-half of US broadband households receive at least one VAS from their ISP, with the most common being support, antivirus, streaming video, and Wi-Fi services.
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Accessible, Affordable Internet for All Act Would Invest $100 Billion In High-Speed Broadband Infrastructure
June 24, 2020 – Representative James Clyburn (D-SC) and Democratic members of the House Rural Broadband Task Force have introduced the Accessible, Affordable Internet for All Act (H.R.7302). If passed, the legislation would invest “$100 billion to build high-speed broadband infrastructure in unserved and underserved communities and en and ensure that the resulting internet service is affordable.” According to the press release, if passed, the bill would encourage universal broadband access by:
Including $80 billion to deploy high-speed broadband infrastructure nationwide;
Allocating $5 billion for low-interest financing of broadband deployment through a new secured loan program; and
Establishing a new office within the National Telecommunications and Information Administration to ensure efficient use of federal money.
The Accessible, Affordable Internet for All Act would ensure Internet affordability by: (1) Requiring an affordable option for internet service plans offered on the newly-built infrastructure; (2) Providing a $50 monthly discount on plans for low-income consumers; and (3) Directing the FCC to collect and publicize data on prices charged for broadband service throughout the country. The bill would promote Internet adoption by: (1) Providing over $1 billion to establish grant programs for states to close gaps in broadband adoption, as well as digital inclusion projects for organizations and local communities to implement; (2) Including $5 billion to enable students without internet at home to participate in remote learning; and (3) Authorizing funding for Wi-Fi on school buses so students can stay connected, especially in rural areas where longer bus rides are common. The Accessible, Affordable Internet for All Act has been referred to the House Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit.
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California Privacy Rights Act Of 2020 Qualifies As Statewide Ballot Initiative For November General Election
June 24, 2020 – The California Secretary of State has announced that the California Privacy Rights Act Of 2020 (initiative 1879) has qualified as a statewide ballot initiative to be listed on California’s November 3, 2020 general election ballot. The nonprofit group that created the California Privacy Rights Act Of 2020, Californians for Consumer Privacy, collected more than the 623,212 valid signatures needed to qualify the measure as a ballet initiative. If the statewide ballot measure is approved by a majority vote, the California Privacy Rights Act would amend the California Consumer Privacy Act of 2018 to create new consumer privacy rights, such as the right to delete personal information and the right to correct inaccurate personal information. It also would create new privacy obligations for businesses operating in California. The full text of the California Privacy Rights Act Of 2020 is available online.
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FCC Investigating T-Mobile Network Outages; Comments Due July 8th
June 23, 2020 – As part of an investigation, the FCC’s Public Safety and Homeland Security Bureau is seeking comment from interested parties on the substantial network outage suffered by T-Mobile on June 15, 2020. During the outage, T-Mobile customers were prevented from making calls, receiving calls, and in some cases, sending text messages over T-Mobile’s Voice-over LTE (VoLTE) network. Apparently, the outage also affected T-Mobile customers’ ability to call 911. The Bureau is seeking comment on the impact of the outage from the perspective of affected public safety entities, as well as state and local governments. Comments are due on or before July 8, 2020. Comments may be filed in PS Docket No. 20-183 using the FCC’s Electronic Comment Filing System (ECFS).
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FCC To Establish “988” As 3-Digit Number For National Suicide Prevention Hotline
June 23, 2020 – FCC Chairman Ajit Pai has circulated draft rules to establish 988 as the new, nationwide, 3-digit phone number for Americans in crisis to connect with suicide prevention and mental health crisis counselors. The FCC will vote on the rules at its July 16th open meeting. The rules, if adopted, will require all phone service providers, including VoIP providers, to begin directing all 988 calls to the existing National Suicide Prevention Lifeline by July 16, 2022.
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Charter Petitions FCC To Sunset Data Cap/Usage-Based Pricing & Interconnection Merger Conditions
June 22, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on a Petition filed by Charter Communications, Inc. for consent to sunset on May 18, 2021, the following two conditions related to its merger with Time Warner Cable Inc. and Bright House Networks, LLC: (1) the prohibition on Charter imposing data caps and usage-based pricing mechanisms; and (2) the requirement for Charter to offer to connect its Internet protocol (IP) network to any qualifying entity free of charge and on standardized terms. When the FCC approved Charter’s merger with Time Warner Cable Inc., and Bright House Networks, LLC, “it adopted conditions designed to mitigate concerns that Charter could ‘hamper or prevent its current and future online video rivals from expanding, becoming more competitive, or starting-up in the first place.’” Charter argues that “in light of dramatic changes in the online video marketplace and the nature of the internet service market,” the data cap/usage-based pricing and interconnection merger conditions should be terminated. Comments on the petition are due on or before July 22, 2020, and reply comments are due August 6, 2020.
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Accelerating Broadband Connectivity Act of 2020 Would Expedite RDOF Broadband Buildout
June 22, 2020 – Senators Roger Wicker (R-MS), chairman of the Senate Commerce Committee, Shelley Moore Capito (R-WV), and Marsha Blackburn (R-TN) have introduced the Accelerating Broadband Connectivity (ABC) Act of 2020. If passed, the ABC Act of 2020 (S.4021) would expedite the deployment of broadband Internet access service by creating a fund to be used by the Federal Communications Commission to incentivize winning bidders of the Rural Digital Opportunity Fund (RDOF) auctions to complete their buildout obligations on a shorter timeline. Specifically, the legislation would:
Create a fund to be used by the FCC following the RDOF Phase I auction (Auction 904) to incentivize winning bidders to complete their buildout obligations on an accelerated timeline;
Build upon the existing RDOF process to get high-speed broadband service to rural consumers much faster than the current timetable for deployment using RDOF dollars;
Require service providers who receive funds from the Accelerating Broadband Connectivity Fund to meet a series of accelerated milestones for their RDOF deployments; and
Allow the FCC to conduct the RDOF Phase I auction in a way that maximizes value to American taxpayers while connecting consumers more quickly.
The ABC Act of 2020 would not make any changes to the FCC’s current RDOF rules and timetable for holding the Phase I auction. The bill is also cosponsored by Senators Jerry Moran (R-KS) and Roy Blunt (R-MO). It has been referred to the Senate Commerce Committee.
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Keep Americans Connected Pledge Ending June 30: FCC Chairman Pai Asks Broadband Providers Not to Disconnect Customers in July, Asks Congress For Help
June 19, 2020 – Federal Communications Commission Chairman Ajit Pai has called on broadband and telephone service providers to “not to disconnect consumers and small businesses who are behind on their bills due to the coronavirus pandemic in July, but instead offer the option of extended payment plans and deferred payment arrangements.” Chairman Ajit Pai launched the Keep Americans Connected Pledge on March 13, 2020. It is an initiative aimed at keeping Americans connected to broadband and telephone service as the U.S. endures the coronavirus outbreak. The Keep Americans Connected Pledge reads as follows:
Given the coronavirus pandemic and its impact on American society, [Company Name] pledges for the next 60 days to:
(1) not terminate service to any residential or small business customers because of their inability to pay their bills due to the disruptions caused by the coronavirus pandemic;
(2) waive any late fees that any residential or small business customers incur because of their economic circumstances related to the coronavirus pandemic; and
(3) open its Wi-Fi hotspots to any American who needs them.
In May, the FCC announced that 774 broadband and telephone providers that took the Keep Americans Connected Pledge had extended their commitments through June 30, 2020. However, Chairman Pai has acknowledged that “broadband and telephone companies, especially small ones, cannot continue to provide service without being paid for an indefinite period of time; no business in any sector of our economy could.”
Chairman Pai has urged Congress to pass legislation which will provide funding “to ensure that doctors and patients, students and teachers, low-income families and veterans, those who have lost their jobs and livelihoods due to the pandemic and the accompanying lockdowns, those in our cities and those in the countryside—in short, all Americans—remain connected until this emergency ends.” Chairman Pai supports the Broadband Connectivity and Digital Equity Framework proposed by Chairman Roger Wicker of the Senate Committee on Commerce, Science, and Transportation and Ranking Member Greg Walden of the House Committee on Energy and Commerce, as one way to address the issue.
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FCC Grants Auction 103 Upper Microwave Flexible Use Service Licenses
June 18, 2020 – The FCC’s Wireless Telecommunications Bureau has granted a number of flexible-use licenses in the Upper 37 GHz Band, 39 GHz Band, and 47 GHz Band, which were won during Auction 103. Attachment A to the Bureau’s Public Notice lists the licenses, sorted by licensee. Attachment B lists the licenses, sorted by market.
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Verizon Acquiring Iowa RSA 2 Limited Partnership Chat Mobility
June 16, 2020 – Verizon has entered into an agreement to acquire 100% ownership of the Iowa RSA 2 Limited Partnership. Verizon (45% owner) will buy out the other three members of the partnership: Cellular 35, Inc. (1%), Interstate Enterprises, Ltd. ( 27%), and Grand River Communications, Inc. (27%). The partnership, doing business under the name Chat Mobility, provides wireless services in the Iowa RSA 2 market of Clarke, Decatur, Lucas, Ringgold, Union, and Wayne counties in Iowa, covering a population of approximately 51,000. The partnership holds 600 MHz, cellular, and common carrier microwave spectrum licenses. In addition to spectrum licenses, the proposed transaction will include the transfer of control of 3G CDMA and LTE operating networks, including network assets and facilities. It is subject to FCC approval, and is expected to close in the fall of 2020.
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New Record! USF Contribution Factor Set At 26.5 Percent For Third Quarter Of 2020
June 12, 2020 – The Federal Communications Commission’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the third quarter of 2020 will be 26.5 percent. This breaks the previous USF contribution record of 25 percent from the fourth quarter of 2019. It also is a significant increase from the 19.6 percent contribution factor that was used for the second quarter of 2020. For the third quarter of 2020, the Universal Service Administrative Company (USAC) projects $10.219124 billion in total interstate and international end-user telecommunications revenues will be collected. USAC estimates that $2.117610 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms in the third quarter of 2020. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.
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FCC Authorizes CAF II Auction Support In Oklahoma & Oregon
June 12, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II Auction support for 67 winning bids placed by Redwire, Inc. in Oklahoma, and 102 winning bids placed by Viasat Carrier Services, Inc. in Oregon. A list of all 169 winning bids for which support has been authorized is included as Attachment A to the Bureau’s Public Notice. The Bureau has directed and authorized the Universal Service Administrative Company (USAC) to obligate and disburse the support for Redwire and Viasat from the Universal Service Fund. USAC will make 120 monthly payments, which will begin at the end of June 2020. Redwire and Viasat are required to deploy broadband service to 40 percent of the funded locations in a state by December 31, 2022; 60 percent by December 31, 2023; 80 percent by December 31, 2024; and 100 percent by December 31, 2025.
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FCC Asks For Comment On Whether One-Way VoIP Providers Should Contribute To The Universal Service Fund
June 11, 2020 – The FCC’s Wireline Competition Bureau has invited public comments to update the record in the FCC’s 2012 Contributions Reform Further Notice of Proposed Rulemaking as it pertains to “one-way” VoIP service providers. Specifically, comment is requested on whether the FCC should exercise its permissive authority under Section 254(d) of the Communications Act to include one-way VoIP revenues in the Universal Service Fund contributions base. The Bureau also has specifically requested comment on whether one-way VoIP services should be required to pay other fees applicable to interconnected VoIP services, such as regulatory fees. Comments are due on or before July 13, 2020, and reply comments are due July 27, 2020. Comments should reference WC Docket No. 06-122 and GN Docket No. 09-51, and may be filed using the FCC’s Electronic Comment Filing System.
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FCC Strikes Down Northern Valley Communications’ Revised Tariff
June 11, 2020 – The Federal Communications Commission has issued an Order declaring Northern Valley Communications, LLC’s revised tariff unlawful. Northern Valley is a self-identified access-stimulating competitive local exchange carrier located in South Dakota and is affiliated with James Valley, an incumbent LEC serving rural South Dakota. Prior to the FCC’s 2019 Access Arbitrage Order, interexchange carriers (IXCs) could route telephone calls to Northern Valley customers through a tariffed route by interconnecting to a South Dakota Network, LLC (SDN) tandem in Sioux Falls, South Dakota, or could send traffic to Northern Valley using commercial or non-tariffed arrangements. In December 2019, Northern Valley revised its interstate access service tariff to change its point of interconnection with IXCs from the SDN tandem to its affiliate, James Valley, on the regulated, tariffed path and identify the James Valley switch as a tandem.” The revised tariff designated affiliate James Valley as Northern Valley’s new and only Intermediate Access Provider, and effectively limited Northern Valley’s “financial responsibility to pay only James Valley’s tandem switching and transport charges for terminating calls to Northern Valley’s end offices.” Two IXCs, Verizon Communications and Sprint Communications Company L.P., challenged the tariff, insisting it should be rejected or suspended and investigated. The FCC’s Wireline Competition Bureau suspended Northern Valley’s revised tariff and released an order designating issues for investigation. After reviewing arguments from all parties to the proceeding, the FCC determined that Northern Valley has not borne its burden of proving that its revised tariff is lawful. Specifically, the FCC concluded Northern Valley’s revised tariff is unjust and unreasonable in violation of Section 201(b) of the Communications Act and violates the Access Arbitrage Order and it rules. As a result, Northern Valley must remove the portions of its tariff that have been declared unlawful, and submit new tariff revisions consistent with the Communications Act, the Access Arbitrage Order, and the FCC’s rules within 30 calendar days.
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106 Short-Form Applications Approved For CBRS Spectrum Auction; 242 Applications Deemed Incomplete
June 8, 2020 – The FCC’s Wireless Telecommunications Bureau has announced the status of 348 short-form applications received for the Citizens Broadband Radio Service spectrum auction. The CBRS auction – Auction 105 – is scheduled to begin July 23, 2020, and will offer Priority Access Licenses (PALs) in the 3550-3650 MHz band. The Bureau has made the following determinations for the 348 short-form applications:
Complete – 106 applications
Incomplete – 242 applications
A list of the 106 short-form applications for Auction 105 that have been accepted for filing and designated as complete is provided as Attachment A to the Bureau’s Public Notice. A list of the 242 short-form applications for Auction 105 that have been accepted for filing but were found to be incomplete or otherwise deficient is provided as Attachment B. Each incomplete applicant will receive a letter identifying the deficiencies in its application via email to the applicant’s contact person. To become a qualified bidder for Auction 105, each incomplete applicant must resubmit its application, having corrected any deficiencies, and make the required upfront payment by June 19, 2020.
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FCC Temporarily Waives Requirement To File RUS Loan Report For Rate-Of-Return Carriers
June 8, 2020 – The FCC’s Wireline Competition Bureau, on its own motion, has temporarily waived the requirement that privately held rate-of-return carriers with Rural Utilities Service (RUS) loans file electronic copies of their annual RUS loan report with their FCC Form 481 filings. Pursuant to Section 54.313 of the FCC’s rules, all recipients of federal high-cost universal service support must submit annual reports to the Universal Service Administrative Company (USAC) by July 1st using FCC Form 481. Carriers with RUS loans are required to file year-end operating and financial reports with the U.S. Department of Agriculture (USDA), the agency that administers RUS, by March 31 of the following year. A copy of that report is typically included with Forms 481 filed by privately held rate-of-return carriers. However, due to the COVID-19 pandemic, on May 4, 2020, USDA waived all financial reporting requirements for RUS loan recipients through June 30, 2020. Accordingly, privately held rate-of-return carriers with RUS loans must submit a copy of their annual RUS loan report to USAC at the time it is due to USDA.
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Mergers & Acquisitions: Green Hills Telephone Cooperative Purchasing Citizens Telephone Company & Citizens Long Distance Company of Higginsville, Missouri
June 8, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on an application filed by Citizens Communications Corporation (CCC), Citizens Telephone Company of Higginsville, Missouri (CTC), Citizens Long Distance Company (CLD) and Green Hills Telephone Corporation (Green Hills) requesting consent to transfer control of CTC and CLD to Green Hills. More specifically, the application requests FCC consent for the transfer of control of the domestic Section 214 authority held by CTC, and the domestic and international Section 214 authority held by CLD, to Green Hills pursuant to a Share Purchase and Sale Agreement. Pursuant to that Agreement, dated as of May 7, 2020, Green Hills will acquire all of the stock of CTC and CLD from CCC. Comments on the application are due on or before June 22, 2020, and reply comments are due June 29, 2020.
CCC, headquartered in Higginsville, Missouri, is the parent holding company of CTC and CLD, owning all of the outstanding capital stock of CTC and CLD. CTC, a rural telephone company and incumbent local exchange carrier headquartered in Higginsville, Missouri, provides local exchange service and broadband Internet access service in the Higginsville exchange in Lafayette County in west central Missouri. CTC serves approximately 2,300 access lines, and has elected to receive high-cost Universal Service Fund support under the Alternative Connect America Cost Model II. CLD is an interexchange service provider also headquartered in Higginsville, Missouri, that offers resold domestic and international long distance services. Citizens Cablevision, Inc., a cable service provider headquartered in Higginsville, Missouri, is also a wholly owned subsidiary of CCC, and will also be acquired by Green Hills in the transaction.
Green Hills is a rural telephone cooperative and ILEC headquartered in Breckenridge, Missouri. Green Hills is 100% owned by its members, with no member owning 10% or greater of the company. Green Hills serves approximately 2,400 access lines, and has elected to receive high-cost USF support under ACAM-II. Green Hills offers resold domestic and international long distance services through its wholly-owned subsidiary, Green Hills Communications, Inc. Green Hills also offers broadband Internet access service through GH Communications under the doing business as name Green Hills Technologies.
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magicJack Consent Decree: $5 Million Fine & 3-Year Compliance Plan
June 5, 2020 – The FCC’s Enforcement Bureau has entered into a Consent Decree with magicJack VocalTec Ltd., magicJack, LP, and YMax Communications Corp. (collectively, magicJack), resolving the Bureau’s investigation regarding magicJack’s failure to report its interstate revenues and contribute to the Universal Service Fund. magicJack sells devices that use Voice Over Internet Protocol (VoIP) and are marketed as a replacement for traditional telephone service. Under the terms of the Consent Decree, magicJack must develop and implement a compliance plan, for the next three years, designed to ensure compliance with the FCC’s USF contribution rules and regulatory reporting requirements. Also, magicJack must make a settlement payment to the United States Treasury in the amount of five million dollars.
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FCC Ready To Authorize CAF II Auction Support For 480 Winning Bids
June 4, 2020 – The FCC’s Rural Broadband Auctions Task Force, Wireline Competition Bureau, and Office of Economics and Analytics have announced they are ready to authorize Connect America Fund Phase II auction support for Viasat Carrier Services, Inc. – 480 winning bids in Pennsylvania. To receive the 10-year CAF II auction support, Viasat must now submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters prior to 6:00 p.m. ET on Thursday, June 18, 2020. The Wireline Competition Bureau also announced that, for its winning bids in Pennsylvania, Viasat received a waiver of the requirement that CAF II auction winning bidders certify they are eligible telecommunications carriers in all bid areas and submit appropriate documentation by February 25, 2019.
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Center for Democracy & Technology Files Lawsuit Challenging President Trump’s Section 230 Executive Order Targeting Online Platforms
June 2, 2020 – The Center for Democracy & Technology has filed a lawsuit challenging President Trump’s May 28th “Executive Order on Preventing Online Censorship.” In general, CDT’s lawsuit alleges the Executive Order violates the First Amendment in two fundamental respects:
First, the Order is plainly retaliatory: it attacks a private company, Twitter, for exercising its First Amendment right to comment on the President’s statements.
Second, and more fundamentally, the Order seeks to curtail and chill the constitutionally protected speech of all online platforms and individuals—by demonstrating the willingness to use government authority to retaliate against those who criticize the government.
The suit was filed in U.S. District Court For The District Of Columbia. As for relief, CDT is seeking a declaration pursuant to 28 U.S.C. § 2201 that the Executive Order is unlawful and invalid; a preliminary and permanent injunction enjoining the President, his officials, agents, employees, assigns, and all persons acting in concert or participating with them from implementing or enforcing any part of the Executive Order; an order awarding CDT cost of suit, and reasonable attorneys’ fees and expenses pursuant to any applicable law; and such other relief as the Court deems equitable, just, and proper.
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FCC Releases Final Agenda For June 9th Open Meeting; Includes Rural Digital Opportunity Fund Auction & 5G Upgrade Order
June 2, 2020 – The Federal Communications Commission has released the following final agenda for its open meeting on June 9, 2020:
Rural Digital Opportunity Fund Final Auction Procedures: The Commission will consider a Public Notice that would establish procedures for the Phase I auction of the Rural Digital Opportunity Fund (Auction 904), awarding up to $16 billion in support over 10 years for deployment of broadband in unserved areas.
Modernizing and Expanding Access to the 70/80/90 GHz Bands: The Commission will consider a Notice of Proposed Rulemaking and Order that would explore innovative new uses of the 71–76 GHz, 81–86 GHz, 92–94 GHz, and 94.1–95 GHz bands, including potential rule changes to allow for the provision of wireless backhaul for 5G and the deployment of broadband services to aircraft and ships.
State/Local Approval of Wireless Equipment Modifications: The Commission will consider a Declaratory Ruling and Notice of Proposed Rulemaking that would clarify, and seek comment on changes to, the Commission’s rules implementing section 6409(a) of the Spectrum Act of 2012 in order to accelerate the deployment of communications infrastructure by facilitating the upgrade of existing sites for 5G networks.
Promoting Broadcast Internet Innovation through ATSC 3.0: The Commission will consider a Declaratory Ruling that would remove regulatory uncertainty concerning use of Broadcast Internet services provided by broadcast TV licensees as an ancillary and supplementary service, and a Notice of Proposed Rulemaking that would seek comment on modifying and clarifying existing rules to promote the deployment of Broadcast Internet services as part of the transition to ATSC 3.0.
Enforcement Bureau Action: The Commission will consider an enforcement action.
The meeting is scheduled to begin at 10:30 am EDT, and will be webcast with open captioning at www.fcc.gov/live.
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FCC To Terminate 515 Dormant Proceedings; Seeks Comment From Interested Parties
June 2, 2020 – The FCC’s Consumer and Governmental Affairs Bureau has released a Public Notice seeking comment on whether 515 docketed FCC proceedings should be terminated as dormant. The Bureau has released an excel spreadsheet with information on all 515 proceedings set for termination. Interested parties may file comments in CG Docket No. 20-158. Comments will be due 30 days after date the Public Notice is published in the Federal Register, and reply comments will be due 45 days after publication. Any party’s failure to file comments in response to the Public Notice will be construed as consent to termination of any proceeding.
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California Attorney General Submits Final Proposed Regulations Package Under The California Consumer Privacy Act
June 2, 2020 – California Attorney General Xavier Becerra has submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). This includes the Final Text of Proposed Regulations and the Final Statement of Reasons, all of which “will provide guidance to businesses on how to comply with the CCPA and will enable consumers to exercise new rights over their personal information.” The California OAL has 30 working days, plus an additional 60 calendar days under Executive Order N-40-20 related to the COVID-19 pandemic, to review the final proposed regulations package for procedural compliance with the California Administrative Procedure Act. Once approved by the OAL, the final regulation text will be filed with the Secretary of State and become enforceable by law. The CCPA was signed on June 28, 2018, and was further amended on September 23, 2018, and on October 11, 2019. The law went into effect on January 1, 2020, and the California Attorney General can enforce the CCPA beginning on July 1, 2020.
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Satellite Operators Agree To Clear C-Band Spectrum On Accelerated Timeline
June 1, 2020 – The FCC’s Wireless Telecommunications Bureau has announced that satellite operators Eutelsat S.A., Intelsat US LLC, SES Americom Inc., Claro S.A. f/k/a Star One S.A., and Telesat Canada have committed to clear the 3.7-4.0 GHz band on the accelerated timeline described in the FCC’s 3.7 GHz Report and Order. Specifically, all five satellite operators have accepted, in aggregate, relocation payments that exceed the minimum threshold – 80% – established by the FCC, triggering an accelerated clearing of the C-Band. As a result, the satellite operators must clear 120 megahertz of spectrum in 46 Partial Economic Areas (PEAs) by December 5, 2021. Then, they must clear the lower 120 megahertz in the remaining PEAs, plus an additional 180 megahertz nationwide, by December 5, 2023. If the satellite operators fulfill the spectrum clearing commitments, they will be eligible for up to $9.7 billion in accelerated relocation payments plus reasonable relocation costs, paid for by the new flexible use licensees. The accelerated clearing is expected to result in faster 5G deployment in the C-Band. The FCC’s C-Band auction is scheduled to begin on December 8, 2020.
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NTIA Requests Public Comment On The Development Of An Implementation Plan For The National Strategy To Secure 5G – Comments Due June 18th
June 1, 2020 – The U.S. Department of Commerce’s National Telecommunications and Information Administration is requesting public comments to inform the development of an “Implementation Plan” for the “National Strategy to Secure 5G.” On March 23, 2020, the White House released the National Strategy to Secure 5G, which explains how America will “lead the development, deployment, and management of secure and reliable 5G communications infrastructure worldwide.” The National Strategy to Secure 5G is primarily focused on what is called four lines of effort:
Facilitating domestic 5G rollout
assessing the cybersecurity risks to and identifying core security principles of 5G capabilities and infrastructure
addressing risks to United States economic and national security during development and deployment of 5G infrastructure worldwide
promoting responsible global development and deployment of secure and reliable 5G infrastructure
NTIA is seeking public input to inform the development of the Implementation Plan, and is specifically requesting comments in response to various questions organized by the four lines of effort laid out by the Strategy. Written comments should reference Docket No. 200521-0144, and may be submitted by email to secure5G@ntia.gov. Comments must be received by NTIA on or before June 18, 2020.
