March 2021 News Update
President Biden’s Infrastructure Plan Includes Broadband
March 31, 2021 – President Joe Biden has released details on his $2 trillion infrastructure plan. It includes $100 billion for high-speed broadband networks. According to the Biden administration’s Fact Sheet: The American Jobs Plan, the infrastructure plan “will bring affordable, reliable, high-speed broadband to every American, including the more than 35 percent of rural Americans who lack access to broadband at minimally acceptable speeds.” The $100 billion for broadband is intended to do the following:
Build high-speed broadband infrastructure to reach 100 percent coverage – The President’s plan prioritizes building “future proof” broadband infrastructure in unserved and underserved areas so that we finally reach 100 percent high-speed broadband coverage.
Promote transparency and competition – President Biden’s plan will promote price transparency and competition among internet providers, including by lifting barriers that prevent municipally-owned or affiliated providers and rural electric co-ops from competing on an even playing field with private providers, and requiring internet providers to clearly disclose the prices they charge.
Reduce the cost of broadband internet service and promote more widespread adoption.
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T-Mobile Partnering With YouTube TV And Philo For Video Services
March 29, 2021 – T-Mobile has announced it is shuttering its live video service TVision, and has entered into an agreement with Google to make YouTube TV T-Mobile’s new premium live TV service. T-Mobile also announced Philo will now be T-Mobile’s new base live TV service. T-Mobile provided the following details on pricing and promotional discounts for its revamped video services:
Existing T-Mobile TVision LIVE and VIBE customers can get $10 off YouTube TV and/or Philo every month.
Existing TVision LIVE customers can get a free month of YouTube TV to start (regularly $64.99 per month) and can get three free months of YouTube Premium free (regularly $11.99 per month).
Existing T-Mobile TVision VIBE customers can get a FREE month of Philo (regularly $20 per month).
All T-Mobile postpaid wireless and Sprint consumer customers are eligible for $10 per month off YouTube TV and $10 per month off Philo.
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T-Mobile To Make Messages By Google The Default Messaging Solution On Android Smartphones
March 29, 2021 – T-Mobile has announced it has entered into an agreement with Google to make Messages by Google the default messaging solution for T-Mobile customers that use Android smartphones. T-Mobile will also promote Google Pixel and Android devices and their functionality on T-Mobile’s 5G network, as well as the Google One phone backup and cloud storage solution.
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Rural Broadband Providers Challenge Resound Networks’ RDOF Awards
March 26, 2021 – Five rural broadband providers have filed a Petition To Deny And Request For Informal Action, which seeks to deny Resound Networks, LLC’s Rural Digital Opportunity Fund long-form applications. Resound was awarded $310,681,608.90 in RDOF support to offer broadband service to 219,239 locations in seven states. In their petition, Big Bend Telecom LTD, NTS Communications, LLC, Poka Lambro Telecommunications Ltd., PVT Networks, Inc., and Valley Telephone Cooperative, Inc. argue that “it is extremely unlikely that Resound will be able to deliver the broadband services it promises.” Generally, they argue: Resound lacks experience in gigabit fixed wireless technology; Resound’s plan is not financially feasible; and the Commission should make the information in Resound’s long-form application available via a protective order process. The five rural broadband providers want the FCC to deny Resound’s long-form applications and its RDOF funding.
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Auction 105 Long-Form Applications Accepted For Filing
March 26, 2021 – The FCC’s Wireless Telecommunications Bureau has announced that three long-form applications for Auction 105 Priority Access Licenses in the 3.5 GHz band have been accepted for filing. After initial review, the three long-form applications have been found to be acceptable for filing. Petitions to deny the applications must be filed no later than April 5, 2021, and oppositions to a petition to deny must be filed no later than April 12, 2021. Replies to oppositions must be filed no later than April 19, 2021.
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Space Force Requests Information On Low Earth Orbit Satellite Communications Services
March 24, 2021 – The U.S. Space Force Commercial Satellite Communications Office (CSCO) has issued a request for information about the capabilities of existing and planned Proliferated-Low Earth Orbit (P-LEO) Commercial Satellite Communications Services. Responses are requested no later than April 13, 2021. Pursuant to a March 2020 RFI, the Space Forces’ CSCO plans to acquire P-LEO services on behalf of the U.S. Department of Defense, Federal, State and Local government partners, allied nations and other entities. For the current RFI, Space Force is seeking information on satellite-based communications services capable of the following:
Services providing terminal to gateway latencies not greater than 50 milliseconds between the satellite system user terminal (including any required router and modem) to/from the data egress/ingress interface of the corresponding terrestrial interconnect service (Gateway); or
Services providing propagation delays between a user terminal and a satellite that are not greater than 15 milliseconds.
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Minnesota Telecom Alliance & Iowa Communications Alliance Petition FCC To Deny LTD Broadband RDOF Applications
March 23, 2021 – The Minnesota Telecom Alliance (MTA) and the Iowa Communications Alliance (ICA) have filed a petition with the FCC seeking to deny LTD Broadband, LLC’s Rural Digital Opportunity Fund (RDOF) Phase I Auction long-form applications for support in Iowa and Minnesota. LTD Broadband won RDOF support to serve 102,005 locations in Minnesota ($311,877,936.40) and 12,916 locations in Iowa ($23,184,786.30). LTD was awarded a total of $1.3 billion in RDOF support to serve 528,088 locations in 15 states. In their Petition To Deny, MTA and ICA argue that LTD Broadband simply does not have the experience, resources, and general wherewithal to meet its RDOF broadband network deployment obligations.
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FCC Begins Crowdsourcing Broadband Availability Data
March 22, 2021 – The FCC has announced a new website where it will collect “first-hand accounts on broadband availability and service quality directly from consumers.” The new site, available at www.fcc.gov/BroadbandData, provides information about the FCC’s Broadband Data Collection program and contains a “share your broadband experience” portal where consumers can provide input on whether they have access to broadband services. The crowdsourced data is expected to help verify and supplement information submitted by broadband providers, as well help the FCC develop detailed, up-to-date broadband coverage maps. Pursuant to the Broadband DATA Act, the FCC is required to develop a crowdsourcing process through which third parties may submit information about the deployment and availability of broadband Internet access service for inclusion in FCC broadband coverage maps. Eventually, crowdsourced data may be used in the following ways:
To help the FCC identify broadband trends and service areas that require investigation.
The portal may be used to notify a broadband service provider of a crowdsourced data filing.
The FCC may evaluate a crowdsourced data submission, and contact the relevant broadband provider to request an explanation of any discrepancies between its data and the analysis of the crowdsourced data.
Crowdsourced information, except for any personally identifiable information, will be made public.
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Comment Deadlines Announced For FCC Revisions To Secure And Trusted Communications Networks Reimbursement Program
March 22, 2021 – In February 2021, the FCC proposed several revisions to its Secure and Trusted Communications Networks Reimbursement Program rules when it issued a Third Notice of Proposed Rulemaking. That item has been published in the Federal Register, setting the comment cycle. Comments are due on or before April 12, 2021, and reply comments are due on or before April 26, 2021. The FCC’s proposals are intended to better align the Reimbursement Program rules with the Consolidated Appropriations Act (CAA) of 2021, in which Congress appropriated $1.895 billion to remove, replace, and dispose of communications equipment and services that pose a threat to U.S. national security. Comment is sought on the following:
The FCC proposes to raise the cap on eligibility for participation in the Reimbursement Program to providers of advanced communications service with 10 million or fewer customers;
The FCC proposes to modify the scope of the equipment and services eligible under the Reimbursement Program to align with the July 30, 2020 orders designating Huawei Technologies Company and ZTE Corporation as national security threats (to allow recipients to use reimbursement funds to remove, replace, or dispose of equipment or services obtained on or before June 30, 2020);
The FC proposes to replace the prioritization scheme adopted in the January 2021 Supply Chain Second Report and Order with the prioritization categories set forth in the CAA, along with modifications in the event that requests for reimbursement exceed the $1.895 billion appropriation; and
The FCC proposes to align the definition of “provider of advanced communications service” in its rules with the broader definition set forth in the CAA.
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President Biden Announces Intent To Nominate Antitrust Expert Lina M. Khan For Commissioner Of The Federal Trade Commission
March 22, 2021 – President Biden has officially announced his intent to nominate Lina M. Khan for Commissioner of the Federal Trade Commission. Lina Khan is currently an associate professor of law at Columbia Law School, where she teaches and writes about antitrust law, infrastructure industries law, and the antimonopoly tradition. She previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, and helped lead the Subcommittee’s investigation of digital markets and publication of its final report on the state of competition online. Prior to that, she served as a legal advisor in the office of Commissioner Rohit Chopra at the FTC. While still a student at Yale Law School in 2017, Ms. Khan authored Amazon’s Antitrust Paradox, an antitrust law article which “argues that the current framework in antitrust – specifically its pegging competition to ‘consumer welfare,’ defined as short-term price effects – is unequipped to capture the architecture of market power in the modern economy.”
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FCC Announces E-Rate & Rural Health Care Programs’ Funding Caps For 2021
March 19, 2021 – The FCC’s Wireline Competition Bureau has announced the E-Rate and Rural Health Care (RHC) programs’ funding caps for funding year 2021, both of which represent a 1.2% inflation-adjusted increase in each program cap from 2020.
E-Rate Program: The funding cap for funding year 2021 is $4,276,833,965.
Rural Health Care Program: The funding cap for funding year 2021 is $612,016,418. The internal cap for upfront payments and multi-year commitments under the Healthcare Connect Fund Program is $154,532,400.
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FCC Starts Process To Revoke China Unicom Americas’ Authority To Provide Telecom Services In The U.S.
March 19, 2021 – The FCC has initiated a proceeding to determine whether to terminate China Unicom Americas’ Section 214 authority to provide domestic interstate and international telecommunications services due to concerns over national security and the security of U.S. telecommunications infrastructure. Because China Unicom Americas is ultimately owned and controlled by China’s government, the FCC has concerns regarding its vulnerability to the exploitation, influence, and control of the Chinese government. In 2020, the FCC ordered China Unicom Americas to show cause why its Section 214 authority should not be revoked, and after reviewing the record, the FCC has determined China Unicom Americas failed to dispel serious concerns regarding its operations in the U.S. China Unicom Americas will have 40 days to answer the FCC’s Further Request for Information contained in Appendix A to the Revocation Order, and present further arguments and evidence. The public and Executive Branch agencies will have 40 days to respond to China Unicom Americas’ answers. China Unicom Americas will then have 20 days to present any additional evidence or arguments regarding its Section 214 authority.
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FCC Starts Process To Revoke Pacific Networks’ & ComNet’s Authority To Provide Telecom Services In The U.S.
March 19, 2021 – The FCC has initiated a proceeding to determine whether to terminate Pacific Networks Corp.’s and its wholly owned subsidiary, ComNet (USA) LLC’s Section 214 authority to provide domestic interstate and international telecommunications services due to concerns over national security and the security of U.S. telecommunications infrastructure. Because Pacific Networks and ComNet are ultimately owned and controlled by China’s government, the FCC has concerns regarding their vulnerability to the exploitation, influence, and control of the Chinese government. Pacific Networks and ComNet will have 40 days to answer the FCC’s Further Request for Information contained in Appendix A to the Revocation Order, and present further arguments and evidence. The public and Executive Branch agencies will have 40 days to respond to their answers. Pacific Networks and ComNet will then have 20 days to present any additional evidence or arguments regarding their Section 214 authority.
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FCC Wants Stakeholder Input On State Of The Lifeline Marketplace – Comments Due April 19th
March 19, 2021 – The FCC’s Wireline Competition Bureau is seeking input on the state of the Lifeline marketplace. Comments are due on or before April 19, 2021, and reply comments are due May 4, 2021. As required by the 2016 Lifeline Order, the Bureau must submit a State of the Lifeline Marketplace Report to the Commission by June 30, 2021. To help craft the report it will eventually submit, the Bureau is seeking input on the following Lifeline program topics:
The prevalence of subscriptions to various service offerings in the Lifeline program;
The affordability of both Lifeline voice and broadband services;
The pace since adoption of the 2016 Lifeline Order at which voice and data usage has changed, The Lifeline program’s minimum service standards;
The net benefits of continuing to support voice service as a standalone Lifeline service option; and
The intersection between the Emergency Broadband Benefit Program and the Lifeline marketplace.
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FCC Hits Robocallers With Largest Fine Ever – $225 Million
March 18, 2021 – The Federal Communications Commission (FCC) has issued a Forfeiture Order against John C. Spiller and Jakob A. Mears, doing business under the names Rising Eagle Capital Group LLC, JSquared Telecom LLC, Only Web Leads LLC, Rising Phoenix Group, Rising Phoenix Holdings, RPG Leads, and Rising Eagle Capital Group – Cayman. Following a lengthy investigation, the FCC determined Mr. Spiller and Mr. Mears, who are the companies’ sole owners, directors and managers, made approximately one billion health insurance-related robocalls in the first four-and-a-half months of 2019. They also “used spoofed caller ID with the intent to defraud, cause harm, and wrongfully obtain something of value in violation of the Truth in Caller ID Act.” In the Forfeiture Order, the FCC concluded Mr. Spiller, Mr. Mears, and their companies’ are jointly and severally liable for a monetary forfeiture in the amount of $225 million for willfully and repeatedly violating Section 227(e) of the Communications Act and Section 64.1604 of the FCC’s rules. While the $225 million fine is the highest penalty ever levied in the history of the FCC, it’s extremely unlikely the agency or the U.S. Department of Justice will ever be able to recover the full amount.
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FCC Proposes Ways To Improve Emergency Alerts; Considers Delivering Alerts Over The Internet & Streaming Services
March 17, 2021 – The FCC has issued a Notice of Proposed Rulemaking and Notice of Inquiry which proposes changes to the Emergency Alert System (EAS) and Wireless Emergency Alert System (WEA) to “improve the way the public receives emergency alerts on their mobile phones, televisions, and radios.” Comments on the NPRM are due on or before 21 days from the date the NPRM is published in the Federal Register, and reply comments are due 35 days from publication. In the NPRM, the FCC generally proposes the following:
Creating rules to ensure that mobile devices cannot opt-out of receiving WEA alerts from the Administrator of the Federal Emergency Management Agency (FEMA);
Adopting rules to encourage chief executives of states to form State Emergency Communications Committees if none exist in their states and to adopt additional requirements concerning administration of State EAS Plans;
Creating rules to enable the Administrator of FEMA and State, local, Tribal, and territorial governments to report false EAS and WEA alerts when they occur; and
Adopting rules to permit repeating EAS alerts issued by the President, the Administrator of FEMA, and any other entity determined appropriate under the certain circumstances.
In the NOI, the FCC beings an examination of the technical feasibility of delivering emergency alerts over the Internet, including streaming services. Comment is also sought “on whether and how to leverage the capabilities of the Internet to enhance the alerting capabilities of the radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers that currently participate in EAS (EAS Participants).” Comments on the NOI are due on or before 45 days from the date the NOI is published in the Federal Register, and reply comments are due 75 days from publication.
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FCC Begins Work On Emergency Connectivity Fund
March 16, 2021 – The FCC’s Wireline Competition Bureau is seeking comment on how to distribute support from the new Emergency Connectivity Fund. Comments are due on or before April 5, 2021, and reply comments are due April 23, 2021. As part of the American Rescue Plan Act of 2021, Congress established a $7.171 billion Emergency Connectivity Fund, and directed the FCC to determine how to best distribute the money. The Emergency Connectivity Fund will provide support “to eligible schools and libraries for the purchase of eligible equipment and advanced telecommunications and information services for use by students, school staff, and library patrons at locations other than a school or library.” In other words, funding can go to “off-campus” equipment and services. Eligible equipment is defined as the following: Wi-Fi hotspots; modems; routers; devices that combine a modem and router; and connected devices (a laptop, tablet, or similar end-user device that is capable of connecting to broadband). In the Public Notice, the Bureau is seeking comment on a host of questions covering the following topics:
Administration of the Emergency Connectivity Fund
Eligible schools and libraries
Eligible equipment and services
Service locations
Eligible uses
Reasonable support amounts
The application process
Prioritization of funding
Reimbursement process
Treatment of eligible equipment during and after the COVID-19 Emergency Period
The Children’s Internet Protection Act (CIPA)
Other federal and state funding for remote learning
Other protections against waste, fraud, and abuse
Enforcement
Costs and benefits
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10th Circuit Affirms Blanca Telephone Company Must Pay Back $6.7 Million In Overpaid USF To FCC
March 15, 2021 – The U.S. Court of Appeals for the Tenth Circuit has issued an order affirming the FCC’s decision to collect universal service fund (USF) overpayments made to Blanca Telephone Company through administrative offsets. Following a lengthy audit investigation of Blanca’s accounting practices and USF records, the FCC directed Blanca to return $6,748,280 in improperly paid universal service support for 2005 – 2010. The Tenth Circuit “conclude[d] the FCC’s debt collection was not barred by any statute of limitations, Blanca was apprised of the relevant law and afforded adequate opportunity to respond to the FCC’s decision, and the FCC was not arbitrary and capricious in its justifications for the debt collection.” The FCC can now continue to move forward with getting the overpaid USF back by withholding or reducing future USF payments to Blanca – administrative offset (clawback).
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USF Contribution Factor Jumps To 33.4 Percent – Yet Another New All Time High
March 12, 2021 – The Federal Communications Commission’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the second quarter of 2021 will be 33.4 percent. This shatters the previous USF contribution factor record of 31.8 percent set last quarter (1Q 2021). For the second quarter of 2021, the Universal Service Administrative Company (USAC) projects $9.905670 billion in total interstate and international end-user telecommunications revenues will be collected. USAC estimates that $2.461070 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms in the second quarter of 2021. This includes projected program support, administrative expenses, and true-ups and adjustments, and breaks out as follows:
E-Rate Schools & Libraries: $634.61 million
Rural Health Care: $149.36 million
High-Cost: $1.41352 billion
Lifeline: $254.82 million
Connected Care: $8.76 million
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 Releases List Of Banned Equipment & Services
March 12, 2021 – The FCC’s Public Safety and Homeland Security Bureau has officially published a list of communications equipment and services “that are deemed to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.” The “Covered List” contains certain equipment or services produced by the following five Chinese companies: (1) Huawei Technologies Company, (2) ZTE Corporation, (3) Hytera Communications Corporation, (4) Hangzhou Hikvision Digital Technology Company, and (5) Dahua Technology Company. Full details on the Covered List is included as an Appendix to the Bureau’s Public Notice, and the list will be online at www.fcc.gov/supplychain/coveredlist.
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Mergers & Acquisitions: Cable One Files FCC Application For Purchase Of Hargray Communications
March 12, 2021 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by Hargray Acquisition Holdings, LLC and Cable One, Inc. requesting approval to transfer control of Hargray to Cable One. Comments are due on or before March 26, 2021, and reply comments are due April 2, 2021. Cable One acquired a minority interest in Hargray Communications in exchange for Cable One’s assets in Anniston, Alabama and surrounding areas in October 2020, and in February 2021, announced it was purchasing the remaining 85% of Hargray. The deal for the outstanding equity implies a $2.2 billion total enterprise value for 100% of the equity interests of Hargray on a debt-free and cash-free basis.
Hargray Acquisition is a South Carolina holding company that provides communications services through 10 companies that hold FCC licenses: (1) Low Country Carriers, Inc.; (2) Hargray Telephone Company, Inc.; (3) Bluffton Telephone Company, Inc.; (4) Hargray, Inc.; (5) Hargray of Alabama, Inc.; (6) Hargray of Florida, Inc.; (7) Hargray of Georgia, Inc.; (8) ComSouth Telecommunications, Inc.; (9) ComSouth Telenet, Inc.; and (10) ComSouth Teleservices, Inc. The services are provided to residential and business customers in 14 markets across Alabama, Florida, Georgia, and South Carolina.
Cable One provides telecommunications services, broadband services, and other services in 21 states. Through its Sparklight and Clearwave brands, Cable One provides high-speed internet and advanced Wi-Fi solutions, cable television and phone service to more than 950,000 residential and business customers. Pursuant to the terms of an Agreement and Plan of Merger, Lighthouse Merger Sub LLC, a Delaware limited liability company, will merge with and into Hargray, with Hargray continuing as the surviving entity and becoming a wholly owned subsidiary of Cable One. This will result in Cable One acquiring 100% of the ownership interests of Hargray, as well as control of Hargray and its licensees.
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Mergers & Acquisitions: Verizon Wireless Purchasing Triangle Mobile
March 12, 2021 – Verizon Wireless has entered into an agreement with Triangle Mobile to, among other things, purchase Triangle’s LTE in Rural America (LRA) assets which serve Triangle’s current coverage area. Specifically, Verizon will purchase Triangle’s cellular and PCS licenses, and the 3G CDMA and LTE network assets and facilities associated with the licenses in portions of four Montana markets. There are no related international Section 214 or other wireless authorizations involved in the proposed transaction – Triangle will retain its AWS-1 and AWS-3 spectrum licenses. After the deal closes, Verizon will upgrade parts of the networks, which will include ripping out Huawei equipment and replacing it:
Post-closing, Verizon Wireless intends to upgrade at its own expense Triangle’s existing network assets and facilities to provide better service throughout the Markets. While Triangle’s LTE network is already built to Verizon’s specifications, Triangle’s CDMA service includes equipment manufactured by Huawei. Verizon Wireless does not use Huawei equipment in any of its network infrastructure and, among other things, will replace all Huawei equipment before integrating Triangle’s CDMA network into Verizon Wireless’s network. The proposed transaction thus advances the Commission’s and the federal government's policy of removing Huawei equipment from U.S. communications infrastructure.
The transaction, which is expected to close sometime in mid-year 2021, will not affect Triangle Telephone Cooperative’s landline or Internet service customers, including those served by the co-op’s fixed wireless Internet service.
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FCC Grants 3.5 GHz Priority Access Licenses
March 12, 2021 – The FCC’s Wireless Telecommunications Bureau has granted 222 long-form applications, and issued 17,450 Priority Access Licenses (PALs) in the 3.5 GHz band. After review and examination of the 222 applications, the Bureau found them complete and in conformance with the FCC’s rules, and no petitions to deny the applications were filed. Also, full payment for each license has been made. A list of the 222 long-form 3.5 GHz PAL applications that have been granted is available as Attachment A to the Bureau’s Public Notice. A list of the granted long-form applications sorted by Market is available as Attachment B. The Bureau is continuing to review other long-form applications that were accepted for filing.
The results of the auction for PALs in the 3550-3650 MHz portion of the 3.5 GHz band were announced in September 2020. The auction – Auction 105 – raised a total of $4,543,232,339 in net bids – $4,585,663,345 in gross bids. A total of 228 bidders won a total of 20,625 licenses, more than 91.1%, of available licenses. The five bidders winning the largest number of licenses were: Wetterhorn Wireless LLC (Dish) – 5,492; SAL Spectrum, LLC – 1,569; AMG Technology Investment Group, LLC – 1,072; Windstream Services LLC, Debtor-in-Possession – 1,014; and XF Wireless Investment, LLC – 830.
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Kansas Announces 14 Broadband Acceleration Grants
March 12, 2021 – Kansas Governor Laura Kelly has announced grants for 14 broadband improvement projects funded through the Kansas Broadband Acceleration Grant Program. The 14 awarded projects, selected from 38 applications, will receive $5 million in total funding, which will be used to improve access to high-speed broadband for homes and businesses in 18 communities. Awardees are required to provide matching funds equal to the amount of their grants. The Broadband Acceleration Grant program was created in 2020 to bring broadband access to Kansas communities through a competitive, matching infrastructure investment program.
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SpaceX Launches 60 More Starlink Satellites
March 11, 2021 – In the early morning hours of March 11th, SpaceX launched a Falcon 9 rocket carrying 60 Starlink satellites. Taking off from Cape Canaveral Space Force Station, it was SpaceX’s seventh mission of 2021 from Florida’s Space Coast. The launch marks SpaceX’s 110th Falcon 9 mission, of which 21 have carried Starlink satellites. This brings the total number of Starlink satellites launched to date to 1,265. According to information on its website, Starlink is currently providing “initial beta service both domestically and internationally, and will continue expansion to near global coverage of the populated world in 2021.” Users of Starlink’s beta satellite Internet access service can expect to see speeds which vary from 50 Mbps to 150 Mbps with latency from 20ms to 40ms. However, Starlink claims “data speed, latency and uptime will improve dramatically” as it launches more satellites, installs more ground stations, and improves networking software. Starlink’s beta service is currently available in parts of the northern United States, Canada, and England – roughly between the latitudes of 45 to 53 degrees. It will soon be available in parts of Germany, New Zealand, and other regions of the United Kingdom, including Wales, Scotland, Northern Ireland, and northern England.
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FCC Final Agenda For March 17th Open Meeting
March 10, 2021 – The Federal Communications Commission has released the final agenda for its open meeting scheduled for 10:30 am, Wednesday, March 17, 2021:
Promoting Public Safety Through Information Sharing – The Commission will consider a Second Report and Order that would provide state and federal agencies with direct, read-only access to communications outage data for public safety purposes while also preserving the confidentiality of that data. (PS Docket No. 15-80)
Improving the Emergency Alert System and Wireless Emergency Alerts – The Commission will consider a Notice of Proposed Rulemaking and Notice of Inquiry to implement section 9201 of the National Defense Authorization Act for Fiscal Year 2021, which is intended to improve the way the public receives emergency alerts on their mobile phones, televisions, and radios. (PS Docket Nos. 15-94, 15-91)
Facilitating Shared Use in the 3.45 GHz Band – The Commission will consider a Second Report and Order that would establish rules to create a new 3.45 GHz Service operating between 3.45-3.55 GHz, making 100 megahertz of mid-band spectrum available for flexible use throughout the contiguous United States. (WT Docket No. 19-348)
Auction of Flexible-Use Service Licenses in the 3.45-3.55 GHz Band – The Commission will consider a Public Notice that would establish application and bidding procedures for Auction 110, the auction of flexible use licenses in the 3.45-3.55 GHz band. (AU Docket No. 21-62)
Promoting the Deployment of 5G Open Radio Access Networks – The Commission will consider a Notice of Inquiry seeking comment on the current status of Open Radio Access Networks (Open RAN) and virtualized network environments, including potential obstacles to their development and deployment, and whether and how deployment of Open RAN-compliant networks could further the Commission’s policy goals and statutory obligations. (GN Docket No. 21-63)
National Security Matter – The Commission will consider a national security matter.
National Security Matter – The Commission will consider a national security matter.
Enforcement Bureau Action – The Commission will consider an enforcement action.
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President Biden Expected To Nominate Tech Antitrust Expert Lina Khan To Federal Trade Commission
March 9, 2021 – White House sources have indicated President Biden will soon formally nominate Lina M. Khan to be a Commissioner on the Federal Trade Commission. Lina Khan is currently an associate professor of law at Columbia Law School. She previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, and helped lead the Subcommittee’s investigation of digital markets and publication of its final report on the state of competition online. Prior to that, she served as a legal advisor in the office of Commissioner Rohit Chopra at the FTC. While still a student at Yale Law School in 2017, Lina Khan authored Amazon’s Antitrust Paradox, an antitrust law article which “argues that the current framework in antitrust – specifically its pegging competition to ‘consumer welfare,’ defined as short-term price effects – is unequipped to capture the architecture of market power in the modern economy.”
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Republican Congressional Leaders Ask FCC “Where Are The New Broadband Maps?”
March 8, 2021 – The ranking Republican members of the Senate and House committees and subcommittees with oversight of the FCC, Senators Roger Wicker (R-MS) and John Thune (R-SD), and Representatives Cathy McMorris Rodgers (R-WA) and Robert Latta (R-OH), have sent a letter to FCC acting chair Jessica Rosenworcel concerning broadband mapping. In the letter, the four Republican leaders begin by noting that almost a year has passed since the enactment of the Broadband Deployment Accuracy and Technological Availability (DATA) Act, yet FCC staff has indicated new broadband maps will not be ready until 2022. They have requested quarterly briefings on the+ status of the implementation of the DATA Act. They have also asked for the following information no later than March 22, 2021:
1. Detailed information on why the estimated timeline for completing new maps has changed from three-to-six months to at least one year.
2. A detailed timeline for the development of new maps.
3. Any steps the FCC plans to take to expedite the timeline for completing new maps.
4. Detailed information on whether the contracting process required by statute will affect the timeline for completing the first new map. Please also provide the anticipated dates for completing the contracting process and development of the IT platforms for the collected data.
5. A detailed breakdown of how the FCC plans to spend the $98 million Congress provided for the development of new maps.
6. Detailed information on whether the revised timeline will delay planned subsidy disbursements, including the 5G Fund and the Rural Digital Opportunity Fund Phase II Auction.
7. A detailed plan for how the FCC plans to incorporate its biannual data collections in a timely manner to ensure broadband maps remain up-to-date overtime.
8. Detailed information on how the FCC, as required by law, is coordinating with the NTIA and using NTIA’s National Broadband Availability Map to inform the Commission’s broadband mapping efforts. Please include information on the FCC’s actions to coordinate with NTIA on their Broadband Infrastructure Program, and the Tribal Broadband Connectivity Program.
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Mergers & Acquisitions: DISH Purchasing MVNO Republic Wireless
March 8, 2021 – DISH Network Corporation has announced it has entered into an agreement to purchase Republic Wireless, a mobile virtual network operator which uses T-Mobile’s wireless network. When the deal closes – currently expected in the second quarter of 2021 – DISH will assume approximately 200,000 customers, the Republic Wireless brand, and other assets. The existing Relay division of Republic Wireless will then continue to operate as a standalone company and become a wholesale customer on DISH’s forthcoming nationwide 5G network.
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ETC Petitions Filed By Rural Digital Opportunity Fund Auction Winners; Comments Due April 7th
March 8, 2021 – The FCC’s Wireline Competition Bureau is seeking comment on multiple petitions for designation as an Eligible Telecommunications Carrier (ETC) filed by winning bidders in the Rural Digital Opportunity Fund (RDOF) auction (Auction 904). Petitions were filed by RDOF winning bidders, or entities assigned support through the division of winning bids. The Petitioners are seeking ETC designation in areas where they won RDOF support, as well as areas outside of RDOF-eligible census blocks where a petitioner may receive Lifeline-only designation. Comments are due on or before April 7, 2021, and reply comments are due April 22, 2021. All comments must reference WC Docket No. 09-197, and may be filed using the FCC’s Electronic Comment Filing System (ECFS).
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FCC Announces Key Emergency Broadband Benefit Program Participation Deadlines
March 4, 2021 – The FCC’s Wireline Competition Bureau has released a Public Notice announcing upcoming filing deadlines for broadband providers that elect to participate in the FCC’s new Emergency Broadband Benefit (EBB) Program. As set out in the FCC’s recent Report And Order, to participate, a broadband provider must be an existing eligible telecommunications carrier (ETC) or be approved by the FCC. ETCs and their affiliates in the states or territories where the ETC is designated can elect to participate in the EBB Program by filing the appropriate information with Universal Service Administrative Company (USAC). Other providers, once approved, may elect to participate by submitting all required information to USAC. In the Public Notice, the Bureau sets the priority application deadline by which non-ETC providers may seek approval to participate in the EBB Program prior to commencement of household enrollments – the start of the program.
First, the Bureau has announced the date the priority application portal opens for non-ETC providers, as well as the deadline for priority applications:
Non-ETC Provider Application – the Bureau’s application portal opens March 8, 2021.
Non-ETC Provider Application Deadline – March 22, 2021.
The online application portal will be available on the Bureau’s webpage under the “Provider FCC Approvals” section.
Second, the Bureau has announced the portal opening date and deadline for any provider seeking expedited approval to use an alternative verification process to make household eligibility determinations in the EBB Program:
Expedited Alternative Eligibility Verification Process Portal Opens on March 8, 2021.
Expedited Alternative Eligibility Verification Process Deadline – March 22, 2021.
Third, the Bureau has announced when ETCs or FCC-approved broadband providers may begin submitting election notices to participate in the EBB Program:
Provider Election Notice Inbox Opens – elections may be filed with USAC beginning March 11, 2021, via email to EBBElection@usac.org.
The Bureau has created a new EBB Program webpage with additional information about the approval processes and how to submit an application: https://www.fcc.gov/emergency-broadband-benefit-program. At a later date, the Bureau will announce other administrative deadlines or milestones, such as when the EBB Program will begin and when providers may begin enrolling households in the program. The EBB Program and enrollment process is expected to begin in less than 60 days after the adoption of the EBB Program Order, which was February 25, 2021.
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Senators Say Definition Of Broadband Should Be 100 / 100 Mbps
March 4, 2021 – U.S. Senators Joe Manchin (D-WV), Rob Portman (R-OH), Michael Bennet (D-CO), and Angus King (I-ME) have sent a letter to the heads of the U.S. Departments of Agriculture and Commerce, the FCC, and the National Economic Council “to update federal broadband program speed requirements to reflect current and anticipated 21 century uses and align the definition of what constitutes high-speed broadband service across federal agencies.” They say new broadband service deployed with federal funding should provide symmetrical speeds of 100 Mbps, while allowing for “limited variation when dictated by geography, topography, or unreasonable cost.” The Senators note there are multiple definitions of high-speed broadband across federal agencies – the FCC defines broadband as service with speeds of 25/3 Mbps, while USDA defines broadband service as just 10/1 Mbps. Neither of these definitions, however, the Senators conclude, are adequate to support emerging technologies that Americans will rely on in the years ahead, “such as cloud computing, artificial intelligence, health IoT, smart grid, 5G, virtual and augmented reality, and tactile telemedicine.”
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FCC Filing Alert: Accessibility Recordkeeping Compliance Certifications And Contact Information Due April 1st
March 4, 2021 – The Federal Communications Commission has released a Public Notice to remind service providers and equipment manufacturers that are subject to Sections 255, 716, or 718 of the Communications Act, of their obligation to maintain records of their efforts to comply with accessibility requirements. These entities must file annual recordkeeping compliance certifications and required contact information no later than April 1, 2021, in the FCC’s Recordkeeping Compliance Certification and Contact Information Registry, online at https://apps.fcc.gov/rccci-registry/. Detailed filing instructions are available at https://apps.fcc.gov/edocs_public/attachmatch/DA-16-248A1.pdf.
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LRG Releases Data On Broadband Subscribers Added In 2020
March 4, 2021 – Leichtman Research Group, Inc. (LRG) has released data on the amounts of subscribers added by the largest U.S. broadband providers in calendar year 2020. LRG specializes in research and analysis on broadband, media, and entertainment industries. According to LRG’s data, broadband additions in 2020 were 190% of those in 2019, and more than in any year since 2008. The largest cable and wireline phone providers in the U.S. – representing about 96% of the market – acquired about 4,860,000 net additional broadband Internet subscribers in 2020, compared to a pro forma gain of about 2,550,000 subscribers in 2019. Data on the top two cable companies and top two wireline phone companies include the following:
Comcast – 30.6 million subscribers at the end of 2020 – 1.971 million net adds in 2020.
Charter – 28.879 million subscribers at the end of 2020 – to 2.215 million net adds in 2020.
AT&T – 15.384 million subscribers at the end of 2020 – lost 5,00 subs in 2020.
Verizon – 7.129 million subscribers at the end of 2020 – 173,000 net adds in 2020.
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USAC Files Second Quarter 2021 USF Contribution Base Data: $9.9 Billion
March 2, 2021 – The Universal Service Administrative Company (USAC) has filed data detailing the universal service fund (USF) contribution base to be used for the second quarter of calendar year 2021. The data shows the total collected interstate and international end-user revenue amount that will be used to determine the contribution factor for all universal service support mechanisms. USAC has determined that the total projected end-user revenue base for the second quarter of 2020 is $9,905,669,690. To provide a comparison, the USF contribution base for the past five quarters are as follows:
First Quarter 2021: $10,068,712,553
Fourth Quarter 2020: $10,428,377,862
Third Quarter 2020: $10,219,123,520
Second Quarter 2020: $10,865,131,593
First Quarter 2020: $11,129,976,956
USAC’s estimated revenue base for the second quarter of 2021 was derived from projected collected revenue for April to June 2021 reported by telecommunications service providers using FCC Form 499-Q submitted in February 2021 – 4,621 reporting carriers, of which 3,245 are USF contributors and 1,376 are non-contributing de minimis carriers. As of February 17, 2021, USAC has yet to receive information from 184 non-de minimis telecommunications service providers that had previously submitted information to USAC. Upon Federal Communications Commission approval of the total USF contribution base, the quarterly funding requirements for the four USF support mechanisms, and projected administrative costs, the FCC will establish a quarterly USF contribution factor. USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor.
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FCC Reopens Form 477 Filing Interface, Announces New March 15th Filing Deadline
March 1, 2021 – The FCC has announced that the Form 477 filing interface has been reopened. It also has announced that the new filing deadline for Form 477 data as of Dec. 31, 2020, is March 15, 2021. Additional information on filing FCC Form 477 is available on the FCC’s Form 477 Resources for Filers webpage at www.fcc.gov/form477.
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MobiTV Files For Chapter 11 Bankruptcy Protection
March 1, 2021 – MobiTV and its affiliates have filed for voluntary Chapter 11 bankruptcy relief in the U.S. Bankruptcy Court for the District of Delaware. MobiTV describes itself as a streaming TV platform enabling app-based pay TV services for broadband and wireless operators. IT is used by many small and large communications providers. According to a Press Release, “MobiTV has received a commitment for a $15.5 million debtor-in-possession financing facility that will support the Company for the duration of the restructuring process, providing MobiTV with the financial runway and flexibility to execute on a value-maximizing solution, which may include a going-concern sale under section 363 of the Bankruptcy Code.” In a letter to partners that have deployed its platform, MobiTV’s CEO said:
Please be assured that this action does NOT mean the Company is going out of business. We will continue to provide live and on-demand video solutions to our customers and will continue to review our services through the case proceedings. In connection with the Chapter 11 filing, the Company has secured important bridge funding commitments which will allow MobiTV to continue business as usual operations during the pendency of the proceeding.
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American Rescue Plan Act Of 2021 Includes Over $7 Billion For Off-Campus Broadband & Connected Devices
March 1, 2021 – The latest COVID–19 relief package, the American Rescue Plan Act of 2021, H.R. 1319, contains broadband funding for schools and libraries. Specifically, Section 3312 of the bill, Funding For E-Rate Support For Emergency Educational Connections And Devices, creates a $7.6 billion Emergency Connectivity Fund, which, during the COVID–19 pandemic, will provide monetary support for the purchase of broadband service or connected devices, modems, routers, and Wi-Fi hotspots. Supported services and devices may be used off-campus. The FCC would implement the program, and funding would be available until September 30, 2020. The bill was passed by the U.S. House of Representatives on February 27th.
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USDA Revising ReConnect Program Rules
March 1, 2021 – The U.S. Department of Agriculture is seeking comments on a final rule that will simplify requirements for USDA’s ReConnect Program. USDA believes the changes will make more companies eligible to participate in the broadband funding program. The proposed rule will: (1) Eliminate paperwork requirements and shorten the application process; and (2) Enable an applicant to submit a letter of credit as proof of its financial ability to complete a project. Comments must be submitted through https://www.regulations.gov by April 27, 2021. The changes are expected to take effect April 27, 2021, at the end of the 60-day comment period. Additional information is available from the summary published on February 26, 2021, in the Federal Register.
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FCC To Establish Rules For 3.45 GHz Band & Auction 100 Megahertz Of Spectrum
March 1, 2021 – At its March 17th open meeting, the FCC will vote on a Second Report And Order, Order On Reconsideration, and Order Of Proposed Modification that establishes rules for a new 3.45 GHz Service operating between 3.45 – 3.55 GHz. According to the draft item released by the FCC, the Second Report and Order, if passed, will do the following:
Make 100 megahertz of spectrum in the 3.45 GHz band available for flexible use wireless services throughout the contiguous United States;
Add a co-primary, non-federal fixed and mobile (except aeronautical mobile) allocation to the band;
Create a regime to coordinate non-federal and federal use of spectrum by adopting Cooperative Planning Areas and Periodic Use Areas and establishing coordination procedures;
Adopt a band plan and technical, licensing, and competitive bidding rules for the 3.45 GHz band, including performance requirements benchmarks intended to promote rapid deployment;
Require non-federal radiolocation operators to sunset operations within 180 days after the grant of new flexible-use licenses and provide for reimbursement of reasonable relocation costs; and
Require amateur operators to cease operations in the 3.45 GHz band within 90 days of the public notice announcing the close of the auction, while allowing those operations to continue in the 3.3-3.45 GHz portion of the band pending future FCC action in that spectrum.
The Order on Reconsideration will dismiss a petition for reconsideration filed by ARRL, the National Association for Amateur Radio, challenging the decision to sunset the amateur allocation in the 3.3 – 3.55 GHz band on procedural and substantive grounds. The Order of Proposed Modification proposes to modify the licenses of secondary, non-federal radiolocation operations operating in the 3.3 – 3.55 GHz band to reflect the new frequency assignment in the 2.9 – 3.0 GHz band.
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