July 2020 News Update

FCC Announces Updated Minimum Service Standards For Speed And Data Capacity For Lifeline Broadband Services

July 31, 2020 – The FCC’s Wireline Competition Bureau has announced the updated minimum service standards for speed and data capacity for fixed and mobile Lifeline broadband services. The standards will take effect on December 1, 2020.

Fixed Broadband Minimum Service Standards. Beginning December 1, 2020, the Lifeline minimum service standard for fixed broadband speed will be 25 Mbps downstream and 3 Mbps upstream. Beginning December 1, 2020, the Lifeline minimum service standard for fixed broadband data usage will be 1024 GB per month.

Mobile Broadband Minimum Service Standards. Absent FCC action, beginning December 1, 2020, the Lifeline minimum service standard for mobile broadband data capacity will increase to 11.75 GB per month pursuant to the calculations set out in the 2016 Lifeline Order. FCC Chairman Ajit Pai, however, has circulated an order that would revise the way the FCC calculates annual updates to the minimum service standard for Lifeline mobile broadband service, which if adopted, would result in a lower mobile broadband data capacity standard. The Lifeline minimum service standard for mobile broadband speed remains 3G mobile technology.

Mobile Voice Telephony Minimum Service Standard. On December 1, 2020, the Lifeline minimum service standard for mobile voice service will remain unchanged, at 1,000 minutes per month.

Lifeline Annual Budget. The budget for federal universal service support for the Lifeline program for calendar year 2021 will be $2,428,227,364.

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FCC Authorizes Amazon’s Kuiper To Deploy Satellite Broadband Network

July 30, 2020 – The Federal Communications Commission has granted, with conditions, Kuiper Systems LLC’s application to deploy a non-geostationary satellite orbit (NGSO) system to provide service using certain Fixed-Satellite Service (FSS) and Mobile-Satellite Service (MSS) Ka-band frequencies. In its July 2019 application, Kuiper, a wholly-owned subsidiary of Amazon.com Services, Inc., proposed to deliver high-speed, low-latency broadband services by operating 3,236 satellites in 98 orbital planes at altitudes of 590 km, 610 km, and 630 km. Kuiper further explained that the Amazon Kuiper system will include gateway earth stations, customer terminals, software-defined network and satellite control functionality, satellite operations centers, telemetry, tracking, and command earth stations, and other technologies. IT will be capable of providing continuous coverage to customers within the contiguous United States, Hawaii, U.S. territories, and other world regions, and hopes to “deliver satellite broadband communications services to tens of millions of unserved and underserved consumers and businesses in the United States and around the globe.” The FCC concluded that Kuiper’s request will advance the public interest by authorizing a system designed to increase the availability of high-speed broadband service to consumers, government, and businesses. Accordingly, Kuiper has been granted authority to deploy and operate its NGSO FSS system in the 17.7-17.8 GHz, 17.8-18.6 GHz, 18.8-19.3 GHz, 19.3-19.7 GHz, 19.7-20.2 GHz, 27.5-28.6 GHz, 28.6-29.1 GHz, 29.1-29.5 GHz, and 29.5-30.0 GHz bands, and to provide MSS, in addition to FSS, in the 19.7-20.2 GHz and 29.5-30.0 GHz bands, and to use MSS feeder links in the 19.4-19.6 GHz and 29.1-29.5 GHz bands, subject to certain FCC conditions. Following the FCC authorization, Amazon announced it will invest more than $10 billion in Project Kuiper.

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FCC Releases Final Cost Category Schedule For C-Band Relocation Expenses & Announces Process For Electing Lump Sum Payments – Lump Sum Elections Due August 31st

July 30, 2020 – The FCC’s Wireless Telecommunications Bureau has released the 3.7 GHz Transition Final Cost Category Schedule of Potential Expenses and Estimated Costs. This Cost Catalog contains the categories and estimates of expenses that incumbent Fixed Satellite Service (FSS) earth station operators may incur as they clear FSS operations from the 3.7 – 4.0 GHz portion of the C-Band to make the lower 280 megahertz available for new flexible use licenses. In the 3.7 GHz Report and Order, the FCC required that new 3.7 GHz Service licensees will reimburse the reasonable relocation costs of eligible FSS space station operators, incumbent FSS earth station operators, and incumbent Fixed Service licensees to transition out of the band. Incumbent FSS earth station operators may accept either: (1) reimbursement for their actual reasonable relocation costs to maintain satellite reception; or (2) a lump sum reimbursement “based on the average, estimated costs of relocating all of their incumbent earth stations” to the upper 200 megahertz of the C-Band. Accordingly, the Cost Catalog also sets forth the amounts that will be available to incumbent FSS earth station operators electing to receive a lump sum payment in place of their actual reasonable relocation costs. It also contains details on the process for electing to receive lump sum payments. Lump sum elections are due August 31, 2020.

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911 Reliability Certifications Due October 15

July 30, 2020 – The FCC’s Public Safety and Homeland Security Bureau has announced that the FCC’s 911 Reliability Certification System is now open for filing annual reliability certifications, which are due on October 15, 2020. Covered 911 service providers should file certifications using the Commission’s online portal at https://apps2.fcc.gov/rcs911/. Pursuant to the FCC’s rules, covered 911 service providers are required to take reasonable measures to provide reliable 911 service with respect to: (i) 911 circuit diversity; (ii) central office backup power; and (iii) diverse network monitoring. Covered 911 service providers must certify as to their compliance with each of these three requirements or to their implementation of reasonable alternative measures. Detailed instructions on completing the annual reliability certifications are available at https://apps2.fcc.gov/rcs911/911RCS_FAQ.html.

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FCC Draft Order Would Ensure Predictable Increases In Minimum Standard For Lifeline Mobile Broadband Service

July 30, 2020 – Federal Communications Commission Chairman Ajit Pai has circulated an order that would improve the way the FCC calculates annual updates to the minimum service standard for mobile broadband service provided through the universal service Lifeline program. In 2016, the began requiring Lifeline providers that offer mobile broadband service to meet certain minimum service standards, which are updated annually based on a formula. However, that formula has caused dramatic year-over-year swings in the mobile broadband data capacity standard which the FCC believes may risk making Lifeline service unaffordable for many current subscribers. The Chairman’s draft order “would revise the FCC’s existing methodology to ensure predictable, reasonable yearly updates to the standard so that Lifeline subscribers can receive robust yet affordable mobile broadband service.” Specifically, the changes are expected to: (1) ensure greater predictability in the standard from year-to-year for Lifeline subscribers and providers; (2) better account for the needs of smaller-than-average households; and (3) enable the Wireline Competition Bureau to rely on the latest data sources in making its calculations.

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FCC Final Agenda For August 6th Open Meeting

July 30, 2020 – The Federal Communications Commission has released the following final agenda for its August 6, 2020, open meeting:

C-Band Auction Procedures – The Commission will consider a Public Notice that will adopt procedures for the auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (Auction 107) for 5G, the Internet of Things, and other advanced wireless services. (AU Docket No. 20-25)

Radio Duplication Rule; Modernization of Media Regulation Initiative – The Commission will consider a Report and Order that would address the radio duplication rule. (MB Docket No. 17-105); (MB Docket No. 19-310)

Common Antenna Siting Rules; Modernization of Media Regulation Initiative – The Commission will consider a Report and Order that would eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. (MB Docket No. 19-282); (MB Docket No. 17-105)

Telecommunications Relay Service – The Commission will consider a Report and Order to repeal certain TRS rules that are no longer needed in light of changes in technology and voice communications services. (CG Docket No. 03-123)

Rates for Interstate Inmate Calling Services – The Commission will consider a Report and Order on Remand and a Fourth Further Notice of Proposed Rulemaking that would respond to remands by the U.S. Court of Appeals for the District of Columbia Circuit and propose to comprehensively reform rates and charges for the inmate calling services within the Commission’s jurisdiction. (WC Docket No. 12-375)

The FCC’s open meeting on Thursday, August 6, 2020, is scheduled to commence at 10:30 a.m. The meeting will be in a wholly electronic format and will be open to the public on the Internet via live feed from the FCC’s web page at www.fcc.gov/live and on the FCC’s YouTube channel.

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Verizon Launches 4G LTE Fixed Wireless Home Internet service

July 30, 2020 – Verizon has announced it has launched a 4G LTE Home Internet access service in Savannah, GA, Springfield, MO, and Tri Cities, TN/VA/KY.  The fixed wireless service will expand home Internet access to Verizon customers outside Verizon’s Fios and 5G Home footprints. According to Verizon’s press release, subscribers of the 4G LTE Home Internet service will get unlimited data, and experience download speeds of 25 Mbps with peak Internet speeds of 50 Mbps. The service will cost $40 a month for Verizon wireless customers, and $60 a month for non-Verizon customers. It will utilize Verizon’s LTE spectrum - 700MHz, 850MHz, PCS and AWS. Subscribers will be able to setup the service themselves by installing their own routers.

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Price Cap Carriers May Elect Seventh Year Of CAF II Model-Based Support; Election Letters Due By September 28, 2020

July 29, 2020 – The FCC’s Wireline Competition Bureau has announced the process by which all price cap carriers currently receiving Connect America Phase II model-based support may elect to receive an additional, seventh year of such support. The seventh year of support will cover the full calendar year of 2021 – from January 2021 through December 2021. Price cap carriers currently receiving CAF II model-based support have until September 28, 2020 to indicate, on a state-by-state basis, whether they will continue to receive model-based support for 2021. Carriers must submit their election letters to the Wireline Competition Bureau at ConnectAmerica@fcc.gov. Election letters also must be filed in WC Docket No. 10-90 using the Electronic Comment Filing System (ECFS) to ensure the information is publicly available to all potential Rural Digital Opportunity Fund Phase I Auction (Auction 904) bidders.

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FCC Commissioner Michael O’Rielly Defends First Amendment Rights In Speech To Media Institute

July 29, 2020 – FCC Commissioner Michael O’Rielly gave a speech to the Media Institute, in which, among other things, he reaffirmed his support for the First Amendment:

The First Amendment protects us from limits on speech imposed by the government—not private actors—and we should all reject demands, in the name of the First Amendment, for private actors to curate or publish speech in a certain way. Like it or not, the First Amendment’s protections apply to corporate entities, especially when they engage in editorial decision making. I shudder to think of a day in which the Fairness Doctrine could be reincarnated for the Internet, especially at the ironic behest of so-called free speech “defenders.” It is time to stop allowing purveyors of First Amendment gibberish to claim they support more speech, when their actions make clear that they would actually curtail it through government action. These individuals demean and denigrate the values of our Constitution and must be held accountable for their doublespeak and dishonesty. This institution and its members have long been unwavering in defending the First Amendment, and it is the duty of each of us to continue to uphold this precious protection.

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NTIA Files Petition Requesting FCC Initiate Rulemaking To Clarify Section 230

July 27, 2020 – The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has filed a petition with the FCC requesting the FCC initiate a rulemaking to clarify the provisions of Section 230 of the Communications Act. NTIA’s petition was filed pursuant to a May 28, 2020 Executive Order issued by President Trump on “Preventing Online Censorship,” which is aimed at addressing what he perceives is selective censorship carried out by online platforms such as Twitter, Facebook, and YouTube. In its petition for rulemaking, NTIA asks the FCC to promulgate rules addressing the following points:

1. Clarify the relationship between subsections (c)(1) and (c)(2), lest they be read and applied in a manner that renders (c)(2) superfluous as some courts appear to be doing.

2. Specify that Section 230(c)(1) has no application to any interactive computer service’s decision, agreement, or action to restrict access to or availability of material provided by another information content provider or to bar any information content provider from using an interactive computer service.

3. Provide clearer guidance to courts, platforms, and users, on what content falls within (c)(2) immunity, particularly section 230(c)(2)’s “otherwise objectionable” language and its requirement that all removals be done in “good faith.”

4. Specify that “responsible, in whole or in part, for the creation or development of information” in the definition of “information content provider,” 47 U.S.C. § 230(f)(3), includes editorial decisions that modify or alter content, including but not limited to substantively contributing to, commenting upon, editorializing about, or presenting with a discernible viewpoint content provided by another information content provider.

5. Mandate disclosure for internet transparency similar to that required of other internet companies, such as broadband service providers.

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FCC Seeking Comment On Private-Led Efforts To Trace Back The Source Of Suspected Unlawful Robocalls

July 27, 2020 – The FCC’s Enforcement Bureau is seeking comment from voice service providers and the USTelecom – the Broadband Association Industry Traceback Group on private-led efforts to trace back the source of suspected unlawful robocalls. The comments will be used by the Enforcement Bureau to issue a report on the status of such private-led efforts which is required annually by the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). The reporting period for the Enforcement Bureau’s request is from July 27, 2020 to October 31, 2020. Submissions are due by November 15, 2020.

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FCC Designates USTelecom Traceback Group To Lead Robocall Tracing Efforts

July 27, 2020 – The FCC’s Enforcement Bureau has selected USTelecom – the Broadband Association’s Industry Traceback Group to be the single consortium registered to conduct private-led efforts to trace unlawful robocalls back to their origination. USTelecom’s Industry Traceback Group is a collaborative group comprised of voice service providers across wireline, wireless, VoIP, and cable services, which has worked with FCC staff over the last few years to develop an effective robocall traceback process to assist the FCC’s enforcement efforts. The Industry Traceback Group coordinates with federal and state law enforcement agencies to identify the source of illegal robocalls. The group operates under Section 222(d)(2) of the Communications Act which permits telecommunications carriers to disclose or permit access to Customer Proprietary Network Information if suspected fraud, abuse or unlawful use of services exist.

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FCC Fines HobbyKing $2 Million For Marketing Drone Transmitters Which Did Not Comply With FCC Licensing Rules

July 23, 2020 – The FCC has issued a Forfeiture Order that levies a fine of $2,861,128 against ABC Fulfillment Services LLC and Indubitably, Inc., d/b/a HobbyKing for persistently violating the FCC’s rules intended to ensure that radio frequency devices are properly authorized, and for failing to respond to FCC’s orders in the investigation of the company’s practices. According to the order, HobbyKing advertised and sold on its website to U.S. consumers dozens of models of audio/video transmitters for use with unmanned aircraft systems (drones) without regard to whether those AV transmitters were compliant with the Communications Act or the FCC’s rules. Several of these models were capable of operating in spectrum bands used by, and causing interference to, Federal government systems, and some of the device models operated at power levels above those permitted by the FCC’s rules. HobbyKing must pay the fine within 30 calendar days.

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FCC Denies Two Requests For Waiver Of Auction 105 Upfront Payment Deadline; MEI & Avangrid Fail To Qualify For 3.5 GHz CBRS Auction

July 23, 2020 – The FCC’s Auctions Division of the Office of Economics and Analytics has denied requests by Avangrid Networks, Inc. and MEI Telecom Inc. that ask the FCC to treat as timely an upfront payment for Auction 105 that was submitted after the deadline for doing so. In a March 25, 2020 Public Notice, the FCC’s Office of Economics and Analytics and Wireless Telecommunications Bureau established a deadline of 6:00 p.m. ET on June 19, 2020, for submission of upfront payments for applicants seeking to participate in Auction 105. Avangrid timely filed a short-form application to participate in Auction 105. However, Avangrid made its upfront payment two business days after the deadline, on June 23rd. In its request for waiver, “Avangrid claim[ed] it exercised reasonable due diligence in preparing its upfront payment and promptly undertook action when it discovered multiple internal system problems that prevented it from issuing a purchase order necessary to effectuate its wire transfer payment.” Avangrid was able to send its upfront payment to the FCC on Tuesday, June 23, 2020. MEI, in its waiver request, claimed it submitted its upfront payment and received from its bank a “Wire Approval Confirmation” dated June 19, 2020, the day of the Auction 105 upfront payment deadline. However, MEI further explained that “on the following business day, MEI received notice that because of a bank error beyond MEI’s reasonable control, the payment had, in fact, not gone through.” MEI’s payment was received by the FCC on the following business day, June 22nd. Both requests for waiver were denied, and both Avangrid and MEI failed to qualify to participate in Auction 105.

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FCC Releases List Of Counties Where Conditional Forbearance From Obligation To Offer Lifeline-Supported Voice Service Applies

July 20, 2020 – The FCC’s Wireline Competition Bureau has announced the counties in which conditional forbearance from the obligation to offer Lifeline-supported voice service applies. The forbearance applies only to the Lifeline voice obligation for eligible telecommunications carriers (ETCs) that receive both high-cost and Lifeline support. It does not apply to Lifeline-only ETCs. In a 2016 Lifeline Order, for ETCs that receive high-cost and Lifeline support, the FCC granted forbearance from the obligation to offer and advertise Lifeline voice service in counties where the following 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 FCC has included the list of applicable U.S. counties as an Appendix to its Public Notice. For ETCs that are receiving high-cost support in those counties, the forbearance applies only in areas within the county where the ETC does not receive high-cost support.

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FCC Authorizes CAF II Auction Support For 483 Winning Bids

July 17, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund (CAF) Phase II Auction support for 483 winning bids. Funding authorization was granted after reviewing the winning bidders’ long-form application information, including the letters of credit and Bankruptcy Code opinion letters. A list of the winning bids is included as Attachment A to the Bureau’s Public Notice. The Universal Service Administrative Company (USAC) is directed and authorized to obligate and disburse Universal Service Fund support. USAC will make 120 monthly payments, which will begin at the end of July 2020.

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FCC Issues Declaratory Ruling & Second FNPRM Related To Secure And Trusted Communications Networks Act of 2019

July 17, 2020 – The FCC has issued a Declaratory Ruling and a Second Further Notice of Proposed Rulemaking which integrate provisions of the recently enacted Secure and Trusted Communications Networks Act of 2019 into the FCC’s existing supply chain national security rulemaking proceeding. In the Declaratory Ruling, the FCC concludes that in its 2019 Supply Chain Order, it fulfilled its obligation pursuant to Section 3 of the Secure Networks Act to prohibit the use of funds made available through a Federal subsidy program administered by the FCC to purchase, rent, lease, or otherwise obtain or maintain any covered communications equipment or services from certain companies. In the Second FNPRM, the FCC seeks comment on proposals to implement further Congressional direction in the Secure Networks Act. More specifically, the FCC seeks comment on Sections 2, 3, 5, and 7 of the Secure Networks Act, including on how these provisions interact with the FCC’s ongoing efforts to secure the communications supply chain. As required by Section 2, the FCC proposes several processes by which to publish a list of covered communications equipment and services. Consistent with Sections 3, 5, and 7 of the Secure Networks Act, the FCC proposes to:

(1) ban the use of federal subsidies for any equipment or services on the new list of covered communications equipment and services;

(2) require that all providers of advanced communications service report whether they use any covered communications equipment and services; and

(3) establish regulations to prevent waste, fraud, and abuse in the proposed reimbursement program to remove, replace, and dispose of insecure equipment.

Comments in response to the Second FNPRM are due on or before 21 days after the date the item is published in the Federal Register. Reply comments are due 35 days after publication.

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FCC Approves Broadband Mapping Report And Order

July 17, 2020 – The Federal Communications Commission has approved a Second Report And Order and Third Further Notice Of Proposed Rulemaking, both of which are intended to improve broadband coverage maps. In the Second Report And Order, the FCC imposes the following requirements on broadband providers: specific broadband coverage reporting and disclosure obligations; filing and certification requirements; measures for determining the accuracy of broadband availability data, including audits and collecting crowdsourced data; and standards for collecting and incorporating verified data for use in broadband coverage maps from governmental entities and certain third parties. The Second Report And Order also establishes the Broadband Serviceable Location Fabric, which is “a common dataset of all locations in the United States where fixed broadband Internet access service can be installed.” In the Third Further Notice, the FCC seeks comment on several issues relating to implementing the challenge and verification processes for broadband coverage data, implementing the Broadband Serviceable Location Fabric, and certain other specific requirements of the Broadband DATA Act. Comments are due 20 days after the Third Further Notice is published in the Federal Register. Reply comments are due 30 days after publication.

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FCC Designates 988 As National Suicide Prevention Lifeline

July 16, 2020 – The Federal Communications Commission has approved a Report And Order designating “988” as the three digit number for reaching the National Suicide Prevention Lifeline. The new FCC rules require all telecommunications carriers, interconnected VoIP providers, and one-way VoIP providers to make any network changes necessary to direct all 988 calls to the existing National Suicide Prevention Lifeline by July 16, 2022. The National Suicide Prevention Lifeline, which can be reached by dialing 1-800-273-8255 / 1-800-273 (TALK), was established by the Federal government to help Americans in crisis access suicide prevention and mental health support services 24 hours a day, 7 days a week.

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C-Band Auction Item Leads FCC August Open Meeting Tentative Agenda

July 16, 2020 – FCC Chairman Ajit Pai has released the tentative agenda for the FCC’s August 6, 2020 open meeting. It contains the following items:

C-band Auction Procedures – The Commission will consider a Public Notice that would adopt procedures for the auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (Auction 107) for 5G, the Internet of Things, and other advanced wireless services. (AU Docket No. 20-25)

Radio Duplication Rules – The Commission will consider a Report and Order that would eliminate the radio duplication rule with regard to AM stations and retain the rule for FM stations. (MB Docket Nos. 19-310. 17-105)

Common Antenna Siting Rules – The Commission will consider a Report and Order that would eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. (MB Docket Nos. 19-282, 17-105)

Telecommunications Relay Service – The Commission will consider a Report and Order to repeal certain TRS rules that are no longer needed in light of changes in technology and voice communications services. (CG Docket No. 03-123)

Inmate Calling Services – The Commission will consider a Report and Order on Remand and a Fourth Further Notice of Proposed Rulemaking that would respond to remands by the U.S. Court of Appeals for the District of Columbia Circuit and propose to comprehensively reform rates and charges for the inmate calling services within the Commission’s jurisdiction.  (WC Docket No. 12-375)

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FCC July 16th Open Meeting Final Agenda

July 9, 2020 – The Federal Communications Commission will hold an open meeting on Thursday, July 16, 2020, at 10:30 a.m. It will be conducted online, and will be available for viewing by the public at www.fcc.gov/live and on the FCC’s YouTube channel. The final agenda for the open meeting contains the following items:

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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FCC Permanently Closes Filing Window For Hand-Carried Documents

July 7, 2020 – Effective July 7, 2020, the Federal Communications Commission has permanently closed the filing window for hand-carried documents at its 12th Street SW location. The FCC has announced a new filing location for hand-carried paper documents: Federal Communications Commission, 9050 Junction Drive, Annapolis Junction, MD 20701. Additionally, all documents, packages and equipment sent to FCC Headquarters via UPS, FedEx, Freight, or any overnight commercial mail service must also be sent to the Annapolis Junction address. However, mail sent through the United States Postal Service, including USPS First Class Mail, Express Mail, and Priority Mail should continue to be addressed to the location at 12th Street SW, Washington, DC 20554. These changes are being caused by the FCC’s relocation to a new headquarters building later this year.

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Supreme Court Invalidates TCPA’s Government Debt Exception

July 6, 2020 – The U.S. Supreme Court has issued a decision in Barr v. American Association of Political Consultants Inc., which invalidates the U.S. government debt exception to the Telephone Consumer Protection Act of 1991 (TCPA). The case presented two questions about the TCPA to the Court: Does the provision of the TCPA exempting government debt collection calls from the ban on automated calls violate the First Amendment? If so, is that provision severable from the rest of the Act? The Court determined that the TCPA’s robocall restriction, with the government-debt exception, is content based because it favors speech made for the purpose of collecting government debt over political and other speech. The Court struck down the relevant portion of the TCPA, Section 227(b)(1)(A)(iii), concluding it did not survive strict scrutiny. The Court then determined the section is severable from the rest of the statute.

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FCC Releases Preliminary List Of C-Band Incumbent Earth Stations That May Be Eligible For Relocation Reimbursements

July 6, 2020 – The FCC’s International Bureau has released a preliminary list of Fixed Satellite Service (FSS) earth stations in the 3.7 – 4.2 GHz Band (C-Band) in the contiguous United States that may satisfy the criteria to be classified as incumbent earth stations for purposes of the C-Band transition. These incumbent earth stations may be reimbursed for relocating after the C-Band auction. In the March 2020 3.7 GHz Band Report and Order, the FCC “established that new 3.7 GHz Service licensees will reimburse the reasonable relocation costs of eligible incumbents, including incumbent FSS earth station operators, to transition to the upper 200 megahertz of the band.” To be eligible for a relocation reimbursement, an FSS incumbent earth station must meet the following qualifications:

1. Operational as of April 18, 2018 filing freeze and remain operational; and registered (receive-only) or licensed (transmit/receive) in the 3700 – 4200 MHz band.

2. If unregistered or unlicensed before April 18, 2018, registration or license applications must have been filed by November 7, 2018.

3. If registered or licensed before April 18, 2018, the registrant or licensee must have: (i) certified the accuracy of the registration/license information in the International Bureau Filing System (IBFS) by May 28, 2019; (ii) filed a modification/update to the registration or license in IBFS during the April 19, 2018 – November 7, 2018 filing window; or (iii) filed a timely renewal application for the existing registration or license by May 28, 2019.

The International Bureau has reviewed all earth stations with active or pending licenses or registration using the above criteria to initially determine those eligible for reimbursement. The Bureau has attached a detailed list to the Public Notice showing earth stations that may satisfy the incumbent earth station criteria. Interested parties may file comments in response to the list on or before July 16, 2020. Comments must reference IB Docket No. 20-205, and may be filed using the FCC’s Electronic Comment Filing System (ECFS).

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Mergers & Acquisitions: Great Plains Communications Purchasing Miles Enterprises’ Indiana Communications Providers

July 6, 2020 – The FCC’s Wireline Competition Bureau seeking comment on a Section 214 application filed by Chad Miles and Great Plains Communications LLC (GP Communications) requesting consent to transfer control of Miles Enterprises, Inc. and its regulated subsidiaries, Miles Communications, Inc., Sunman Telecommunications Corporation, and Sunman Telecommunications Corporation Long Distance from Chad Miles to GP Communications. Comments are due on or before July 20, 2020, and reply comments are due July 27, 2020. Sunman Telecommunications serves as an incumbent local exchange carrier in southeast Indiana. Miles Communications provides facilities-based competitive LEC services in southeast Indiana. Sunman Telecommunications LD provides competitive resold long-distance services in Indiana. Together, Sunman Telecommunications and Miles Communications serve 10 counties in southeastern Indiana with their nearly 700-mile fiber network. GP Communications and its wholly owned subsidiaries, Great Plains Broadband LLC and Great Plains Communications Long Distance LLC, provide residential, business, and enterprise telecommunications, cable television, broadband, and other services in Nebraska and in a few areas of Colorado, Kansas, and South Dakota. GP Communications is wholly owned by Great Plains Communications Holdings LLC (GPC Holdings), which is 89.5% owned by Grain Communications Opportunity Fund II, L.P. (GCO Fund II), a Delaware limited partnership. According to the applicants, the transaction will not result in any loss or impairment of service for any of Miles Enterprises’ customers, and will have no adverse effects upon competition in Indiana or the rest of the U.S.

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FCC Announces Compliance Date For Reassigned Numbers Database Record Maintenance Rules

July 2, 2020 – The FCC has announced the compliance dates for the new reassigned numbers database record maintenance rules. In December 2018, the FCC established the reassigned numbers database to “allow callers to determine whether a telephone number has been permanently disconnected after a date certain and therefore is no longer assigned to the party the caller wants to reach.” The database will contain reassigned number information from each provider that obtains North American Numbering Plan U.S. geographic numbers and toll free numbers. There are two separate compliance date for the record maintenance rules:

July 27, 2020 – voice service providers must maintain records of the most recent date each number was permanently disconnected and must age telephone numbers for at least 45 days after disconnection and before reassignment (47 C.F.R. §§ 52.15(f)(1)(ii) and (f)(8), § 52.103(d), and § 64.1200(l)(1)).

January 27, 2021 – small business voice service providers must comply with the record maintenance rule. These are providers with 100,000 or fewer domestic retail subscriber lines as reported on their most recent FCC Forms 477, aggregated over all the providers’ affiliates.

The reassigned numbers database itself has not yet been created. The FCC recently sought comment on the Technical Requirements Document for the database which was approved by the North American Numbering Council. The FCC will announce the compliance date for the new rule requiring voice service providers to send information to the reassigned numbers database once the database is established (47 C.F.R. § 64.1200(l)(2)).

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DISH Network Completes Purchase Of Boost Mobile

July 1, 2020 – DISH Network Corporation has announced that it has completed its $1.4 billion acquisition of Boost Mobile. It marks DISH’s official entrance into the retail mobile wireless services market. Boost Mobile was previously a part of Sprint. But, as part of a settlement allowing T-Mobile and Sprint to merge, the carriers were required to divest prepaid wireless business assets to DISH. The over nine million Boost Mobile subscribers will have access to the new T-Mobile network through a mobile virtual network operator arrangement provided to DISH.

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FCC Announces 271 Applicants Qualified To Bid In CBRS Auction

July 1, 2020 – The FCC’s Wireless Telecommunications Bureau has announced that 271 applicants are qualified to bid in Auction 105, which will offer 22,631 Priority Access Licenses (PALs) in the 3550-3650 MHz portion of the 3.5 GHz band. A total of 77 applicants failed to qualify. Auction 105 is set to begin on July 23, 2020. The Wireless Bureau’s Public Notice addresses the continuing obligations for all Auction 105 applicants, and sets forth bidding procedures and other important information. Attachment A lists the qualified bidders, while Attachment B lists those that applied but are not qualified to bid.

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