News Update - April 15 - 23 - RDOF, CAF II, FCC, Robocalls
FCC Fines Tele Circuit Network $4.1 Million For Cramming And Slamming
April 23, 2021 – The Federal Communications Commission (FCC) has issued a Forfeiture Order against Tele Circuit Network Corporation for cramming and slamming. For willfully and repeatedly violating Sections 201(b) and 258 of the Communications Act, and Section 64.1120 of the FCC’s rules, Tele Circuit must pay a forfeiture of $4,145,000. The FCC’s order adopts the findings in a Notice of Apparent Liability issued in 2018, which includes the following:
Tele Circuit engaged in deceptive marketing
Tele Circuit switched consumers’ phone service without proper authorization
Tele Circuit placed unauthorized charges on consumers’ telephone bills
Tele Circuit violated a Commission order by failing to respond fully to an Enforcement Bureau LOI
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Point Broadband Authorized To Receive Casair’s CAF II Funding In Michigan
April 23, 2021 – The FCC’s Wireline Competition Bureau has issued a Public Notice which recognizes Point Broadband Fiber Holdings, LLC’s authority to receive all Connect America Fund Phase II support awarded to Crystal Automation Systems, Inc d/b/a Casair not already disbursed as of September 2020. The voice and broadband service obligations are also subsumed by Point Broadband.
Casair was authorized to receive a total $27.2 million in CAF II support over ten years to provide broadband service in Michigan. Pursuant to an Asset Purchase Agreement, Point Broadband purchased Casair’s broadband network assets in West Central Michigan. including fiber infrastructure, microwave facilities and existing customer service agreements. Notably, this deal also included Casair’s CAF II benefits and obligations. Point Broadband and Casair filed a Section 214 application even though neither carrier is a telecommunications carrier – both are broadband and VoIP providers and the deal involved only those assets. The Bureau approved the transaction in September 2020.
Thereafter, the Bureau and the Universal Service Administrative Company reviewed Point Broadband’s letter of credit, Bankruptcy Code opinion letter, and financial and technical qualifications. The Bureau ultimately determined Point Broadband satisfies the criteria to be authorized to receive CAF II auction support. Of course, in exchange for funding, Point Broadband assumes Casair’s defined broadband deployment obligations and voice and broadband service obligations for the State of Michigan. Point Broadband must offer qualifying voice and broadband service to 17,610 qualifying locations as of December 31, 2025, and must comply with all other CAF II auction obligations and requirements.
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WTA Has Serious Concerns About The FCC’s RDOF Auction Results
April 20, 2021 – WTA – Advocates has filed a written ex parte with the FCC to express its concerns regarding the Rural Digital Opportunity Fund (RDOF) auction (Auction 904). WTA describes itself as a national trade association representing more than 350 rural telecommunications providers that offer voice, broadband, and video-related services in rural America. In the ex parte, WTA identified two main areas of concern: review of long-form applications; and long-term enforcement of RDOF rules.
First, WTA pressed the FCC to seek input from industry stakeholders, such as WTA members because they “possess a trove of relevant and useful information, including participation in the RDOF auction (both as winners and non-winners) as well as substantial experience in the construction and operation of high-speed rural broadband networks in areas similar to (and in some cases adjacent to) the RDOF areas.”
Second, WTA highlighted the fact that several RDOF auction winners must “construct and operate new stand-alone Gigabit-speed fiber optic broadband networks with RDOF support that is only 20-to-30 percent of the reserve prices for their areas.” In these instances, RDOF long-form applicants “should be required to meet a very detailed and stringent burden of proof regarding their concrete and verifiable technical, financial, staffing and operational resources.”
Third, WTA reiterated concerns regarding the capability of RDOF winners to provide Gigabit services over fixed wireless or satellite networks, noting these networks suffer from capacity and congestion issues. Finally, WTA warned the FCC that some RDOF winners may attempt to seek waivers of their service obligations and support amounts in a few years’ time. This strategy, WTA stressed, has the potential to “destroy the integrity and legitimacy” of the RDOF Phase I auction and future universal service auctions. To guard against this, WTA urged the FCC “to declare unequivocally that its existing RDOF I auction rules will be strictly enforced and that RDOF I auction winners will not be granted waivers or other retroactive changes from the build-out requirements, service obligations and/or support amounts that they agreed to accept as a condition of their ‘winning’ bids.”
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FCC’s Robocall Mitigation Database Opens; Deadline To Provide Certification Is June 30, 2021
April 20, 2021 – The FCC’s Wireline Competition Bureau has announced the opening of the Robocall Mitigation Database, and has announced the following deadlines:
Voice service providers must submit required certification information to the Robocall Mitigation Database no later than June 30, 2021.
Intermediate providers and terminating voice service providers will be prohibited from accepting traffic from voice service providers not listed in the Robocall Mitigation Database beginning September 28, 2021.
The Bureau’s Public Notice also provides instructions for voice service providers to file certifications regarding their efforts to stem the origination of illegal robocalls on their networks. Voice service providers’ certifications, identification information, and contact information must be submitted via a portal on the FCC’s website on or before June 30, 2021. Changes to a certification, identification information, or contact information must be updated within 10 business days of the change. Additional instructions for submitting a certification is available online. The new Robocall Mitigation Database will be publicly available online.
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Are You Tired Of Hearing Loud Commercials? FCC Considering Updates To CALM Act Rules
April 19, 2021 – The FCC’s Media Bureau is seeking comment from consumers and industry stakeholders on whether any updates are needed to the FCC’s rules implementing the Commercial Advertisement Loudness Mitigation (CALM) Act. Comments are due on or before June 3, 2021, and reply comments are due July 9, 2021. All comments must reference MB Docket No. 11-93. The CALM Act was enacted to protect viewers from excessively loud commercials. The FCC’s CALM Act rules require TV stations and multichannel video programming providers to ensure that all commercials are transmitted to consumers at the appropriate loudness level in accordance with the industry standard mandated by statute. In general, the Media Bureau is seeking comment on the following topics:
To what extent have the FCC’s rules been effective in preventing loud commercials?
What do consumers experience as they watch programming provided by television broadcasters and MVPDs?
Are the FCC’s CALM Act rules effectively serving their intended purpose?
Are there specific areas in which updates to rules are needed given improvements in technology or new industry practices?
Should the FCC take additional actions – and if so, what measures should be proposed or taken – in furtherance of the purpose of the CALM Act to prevent television stations and MVPDs from transmitting commercial advertisements at louder volumes than the program material they accompany?
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FCC Schedules Consumer Webinar On Emergency Broadband Benefit Program
April 16, 2021 – The Federal Communications Commission has announced it will hold a public webinar on Tuesday, April 27 at 3:00 p.m. EDT to provide information on the new Emergency Broadband Benefit (EBB) Program. The temporary $3.2 billion EBB Program will help lower the cost of high-speed broadband Internet access services for eligible households during the on-going COVID-19 pandemic by providing the following benefits: up to $50 per month discount on broadband services; up to $75 per month discount on broadband services for households on Tribal lands; and a one-time discount of up to $100 for a laptop, desktop computer, or tablet purchased through a participating provider. The benefit is limited to one monthly service discount and one device discount per eligible household. The April 27th webinar will provide consumers and outreach partners with an overview of the EBB program, eligibility information, and enrollment procedures, and an explanation of outreach materials for partners and the public to use to create awareness about the program. Webinar registration is not required. It can be viewed live online at www.fcc.gov/live.
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Final Agenda: FCC April 22nd Open Meeting
April 15, 2021 – The Federal Communications Commission has released the final agenda for the FCC’s April 22, 2021, open meeting:
National Suicide Hotline Improvement Act of 2018: Text-to-988 – The Commission will consider a Further Notice of Proposed Rulemaking to increase the effectiveness of the National Suicide Prevention Lifeline by proposing to require covered text providers to support text messaging to 988. (WC Docket No. 18-336)
Commercial Space Launch Operations – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would adopt a new spectrum allocation for commercial space launch operations and seek comment on additional allocations and service rules. (ET Docket No. 13-115)
Wireless Microphones – The Commission will consider a Notice of Proposed Rulemaking that proposes to revise the technical rules for Part 74 low-power auxiliary station (LPAS) devices to permit a recently developed, and more efficient, type of wireless microphone system. (RM-11821; ET Docket No. 21-115)
Improving 911 Reliability – The Commission will consider a Third Notice of Proposed Rulemaking to promote public safety by ensuring that 911 call centers and consumers receive timely and useful notifications of disruptions to 911 service. (PS Docket Nos. 13-75, 15-80; ET Docket No. 04-35)
Improving Public Safety Communications in the 800 MHz Band – The Commission will consider an Order to conclude its 800 MHz re-banding program due to the successful fulfillment of this public safety mandate. (WT Docket No. 02-55)
Sponsorship Identification Requirements for Foreign Government-Provided Programming – The Commission will consider a Report and Order to require clear disclosures for broadcast programming that is sponsored, paid for, or furnished by a foreign government or its representative. (MB Docket No. 20-299)
Imposing Application Cap in Upcoming NCE FM Filing Window – The Commission will consider a Public Notice to impose a limit of ten applications filed by any party in the upcoming 2021 filing window for new noncommercial educational FM stations. (MB Docket No. 20-343)
Enforcement Bureau Action – The Commission will consider an enforcement action.
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FCC Releases Report On Transmitting 988 Calls With Dispatchable Location Information
April 15, 2021 – The FCC’s Wireline Competition Bureau has publicly released a report, which was previously submitted to Congress, on using 988 as the nationwide, 3-digit phone number for the National Suicide Prevention Lifeline. The report, “988 Geolocation Report —National Suicide Hotline Designation Act of 2020,” examines the benefits, technical feasibility, and potential costs of transmitting 988 calls with dispatchable location information. Ultimately, the Bureau concludes that transmitting geolocation information, including dispatchable location information, with 988 calls would have significant benefits. The Bureau recommends the establishment of a multi-stakeholder advisory committee tasked with developing recommendations on how to address challenges to transmitting dispatchable location with 988 calls, including: (1) legal and policy considerations regarding consumer privacy and legal authority with respect to mandating transmission of location information, including dispatchable location information, with 988 calls; (2) technical implementation standards for providers, including fixed, mobile, and over-the-top providers; and (3) cost recovery and funding requirements for providers, the Lifeline, the Veterans Crisis Line, and individual local crisis centers.
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FCC To Restore Security, Reliability, and Interoperability Council – CSRIC VIII Will Focus On 5G Network Security
April 15, 2021 – Acting Federal Communications Commission Chair Jessica Rosenworcel has announced that the FCC will re-establish the Communications Security, Reliability, and Interoperability Council (CSRIC) on or before June 30, 2021 for a period of two years. This will be the FCC’s eighth charter of CSRIC, which is expected to have its first meeting in September of 2021. In general, CSRIC VIII will provide advice and recommendations to the FCC to improve the security, reliability, and interoperability of the nation’s communications systems, but identifying 5G security issues will be a primary focus. Additionally, in light of the numerous security breaches that have impacted the communications sector, CSRIC VIII will review risks to service provider operations from attacks in software and cloud services stacks, and develop mitigation strategies. Nominations for CSRIC membership must be submitted to the FCC no later than Tuesday, June 1, 2021. Detailed information on the procedures for submitting nominations are set forth in the FCC’s Public Notice.
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