FCC To Issue Rulemaking On Proposal To Create Enhanced A-CAM Program

April 28, 2022 – During its May 19, 2022 open meeting, the Federal Communications Commission will vote to release a Notice of Proposed Rulemaking (NPRM) on the Alternative Connect America Cost Model (A-CAM) program. If approved, the NPRM will seek public comment on a proposal submitted by the ACAM Broadband Coalition asking the FCC to establish an enhanced A-CAM program, and related issues. A draft version of the A-CAM NPRM was released with the FCC’s tentative agenda for the open meeting.

The ACAM Broadband Coalition’s proposal, first submitted as a petition for rulemaking in October 2020, requested that the FCC extend the universal service A-CAM program for an additional six years in exchange for deploying faster broadband speeds. The coalition later submitted modifications to its enhanced A-CAM proposal – increasing the deployment of 100/20 Mbps broadband service to 90 percent of locations, with a significant increase to total annual A-CAM support.

In the summary of the draft version of the enhanced A-CAM NPRM, the FCC states that comment will be sought on five general topics:

• The offer of additional A-CAM support in exchange for increased broadband deployment obligations to additional locations and at higher speeds under an Enhanced A-CAM program;

• How the FCC should use the new Broadband DATA Act maps to determine any new deployment obligations;

• How support could be calculated for an Enhanced A-CAM program, including whether the existing A-CAM framework continues to be appropriate;

• How specific proposals are, or can be, made consistent with Congressional intent expressed through the Infrastructure Investment and Jobs Act and other legislation, as well as programs at other agencies; and

• How to evaluate opportunities to improve the administration of the high-cost program and better safeguard the Universal Service Fund.

FCC Tentative Agenda For May 19 Open Meeting: Robocalls, A-CAM Program, National Security, & FM Antennas

April 28, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s open meeting on Thursday, May 19, 2022:

Combatting Illegal Robocalls – The Commission will consider a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking addressing foreign-originated and other illegal robocalls from multiple angles. (CG Docket No. 17-59; WC Docket No. 17-97)

Expanding Broadband Service Through the A-CAM Program – The Commission will consider a Notice of Proposed Rulemaking seeking comment on a proposal by the ACAM Broadband Coalition to achieve widespread deployment of 100/20 Mbps broadband service throughout the rural areas served by carriers currently receiving Alternative Connect America Model support, and proposing targeted modifications to the Commission’s rules to improve the efficiency and efficacy of the high-cost program.  (WC Docket Nos. 10-90, 14-58, 09-197, 16-271, RM-11868)

Modernizing Priority Services for National Security and Emergency Response – The Commission will consider a Report and Order that would update and streamline its rules providing priority provision and restoration of service for national security and emergency response users. (PS Docket No. 20-187)

Updating FM Radio Directional Antenna Verification – The Commission will consider a Report and Order to allow applicants proposing directional FM antennas the option of verifying the directional antenna pattern through computer modeling. (MB Docket No. 21-422)

Enforcement Bureau Action – The Commission will consider an enforcement action.

Four Broadcast Television Affiliates Associations Want Compensation From Big Tech Platforms For Distribution Of News Content

April 21, 2022 – Representatives from the ABC Television Affiliates Association, the CBS Television Network Affiliates Association, the FBC Television Association, and the NBC Television Affiliates (the Four Affiliates Associations) recently met with Federal Communications Commission (FCC) Commissioner Nathan Simington and his staff. During the ex parte meeting, the Four Affiliates Associations “discussed the state of the video programming marketplace,” as well as how changes in that marketplace have threatened the Associations’ advertising and subscription revenue streams. First, the Four Affiliates Associations explained that “the growing dominance of Big Tech companies like Google, Facebook, and Amazon in the advertising marketplace and the resulting declines in ad revenues available to local broadcasters,” and provided the following description of the situation:

These large tech platforms have dramatically changed how many Americans find and consume news content. Today, significant numbers of Americans regularly get their news from entities such as Facebook and YouTube, although much of that news content is produced by local broadcasters, whose mission—unlike that of Big Tech—is to serve their local communities. As tech platforms attract growing numbers of news consumers, advertisers unsurprisingly turn to Facebook, Google, and Amazon, rather than local broadcasters, to reach those audiences, and the Big Tech companies capture an ever greater share of U.S. advertising revenues. Still, the Big Tech companies do not fairly compensate the local broadcasters who produce the news content that draws viewers to their platforms.

Ultimately, the Four Affiliates Associations argue that “the Big Tech platforms should compensate local broadcasters fairly for distribution of the broadcasters’ valuable news content on their platforms.” Next, the Four Affiliates Associations pointed out “the lack of regulatory parity between broadcasters and Big Tech companies,” such as the differences in political advertising rules. They explained that broadcasters are subject to numerous political advertising rules, while Big Tech platforms are not subject to the FCC’s political advertising rules. This, they claim, allows Big Tech and other platforms to “capture billions of dollars in political advertising in each election cycle,” while evading “rules intended to ensure transparency and accountability” and “protect the safety and integrity” of U.S. elections.

Finally, the Four Affiliates Associations discussed how vMVPDs not being subject to retransmission consent rules are negatively impacting their revenue derived from subscription fees. They explained that often “a Big Four network (or, more accurately, its parent entity) will fully negotiate an agreement with a given vMVPD for carriage of network-owned stations as well as network-owned cable channels and other less popular programming—without any meaningful input from its non-owned Affiliate stations,” and then present the finalized agreement to its local Affiliated stations as “a ‘take it or leave it deal that the Affiliate must accept if it is to be carried on the virtual MVPD at issue.”

Ninth Circuit Court Of Appeals Denies Request To Rehear Challenge To California Net Neutrality Law

April 20, 2022 – The U.S. Court of Appeals for the Ninth Circuit has denied the request for an en banc rehearing in ACA Connects v. Bonta, the legal challenge to the California Internet Consumer Protection and Net Neutrality Act of 2018 (SB-822) brought by broadband trade associations ACA Connects, CTIA, NCTA, and USTelecom. The group filed their lawsuit in October 2018, claiming California’s net neutrality law was prohibited by the FCC’s 2018 Restoring Internet Freedom Order, and seeking an injunction of the law’s enforcement. They argued that the California net neutrality law is preempted by Federal law on the basis of both conflict and field preemption. The U.S. District Court for the Eastern District of California, in February 2021, denied the request for injunction, and the trade associations appealed that decision to the Ninth Circuit Court of Appeals. Thereafter, a three-judge panel unanimously affirmed the District Court’s decision, finding that “by classifying broadband internet services as information services, the FCC no longer has the authority to regulate in the same manner that it had when these services were classified as telecommunications services,” meaning the FCC “therefore, cannot preempt state action, like SB-822, that protects net neutrality.” ACA Connects, CTIA, NCTA, and USTelecom sought rehearing en banc, which was denied in the recent order.

Cybersecurity Authorities Release Advisory On Russian State-Sponsored Cyber Threats To Critical Infrastructure

April 20, 2022 – The United States, Australia, Canada, New Zealand, and United Kingdom (Five Eyes intelligence alliance) have released a joint Cybersecurity Advisory titled Russian State-Sponsored and Criminal Cyber Threats to Critical Infrastructure (Alert AA22-110A). The Advisory “provides an overview of Russian state-sponsored advanced persistent threat groups, Russian-aligned cyber threat groups, and Russian-aligned cybercrime groups to help the cybersecurity community protect against possible cyber threats.” It warns “organizations that Russia’s invasion of Ukraine could expose organizations both within and beyond the region to increased malicious cyber activity from Russian state-sponsored cyber actors or Russian-aligned cybercrime groups.” Ultimately, the five countries’ cybersecurity authorities advise that companies in the critical infrastructure industry “prepare for and mitigate potential cyber threats” by implementing the Advisory’s recommendations on “hardening their cyber defenses.” Information in the Advisory updates the January 2022 advisory titled Understanding and Mitigating Russian State-Sponsored Cyber Threats to U.S. Critical Infrastructure (Alert AA22-011A).

FCC Issues Guidance On Mergers & Acquisitions Involving High-Cost USF Support Obligations

April 19, 2022 – The FCC’s Wireline Competition Bureau has issued guidance on “domestic section 214 applications seeking approval for transactions that involve the exchange and assumption of Universal Service Fund (USF) high-cost mechanism obligations.” Specifically, the Bureau recommends that for such transactions, the applicants include the following in the initial public interest section of their applications:

• A listing of all USF high-cost support received by each entity to be transferred and by the transferee and each affiliate of the transferee, including Connect America Fund (CAF) Phase II Auction (Auction 903) support, Rural Digital Opportunity Fund (RDOF) Phase I Auction (Auction 904) support, Alaska Plan support, Alternative Connect America Cost Model support, CAF Broadband Loop Support, and Rural Broadband Experiment support.

• Confirmation of whether the entity or entities to be transferred are Eligible Telecommunications Carriers (ETC) under section 214(e) of the Act.

• If the entity or entities to be transferred have been awarded CAF Phase II or RDOF funding, provide a summary addressing any changes to management, technology, or debt that would result from the proposed transaction, as well as whether there are any changes that might occur that would compromise the support recipients’ ability to meet their service obligations.

• A list of study area codes (SACs) for each entity to be transferred and for each affiliate of the entity or entities to be transferred, and for the transferee and each affiliate of the transferee.

• A confirmation of whether the entity or entities to be transferred participate in the Lifeline program, Emergency Broadband Benefit program, or the Affordable Connectivity Program, and whether such participation will continue if the transaction is consummated.

OMB Clarifies “Buy American” Rules For Infrastructure Funding & Waiver Process

April 18, 2022 – The Office of Management and Budget has issued a memorandum that provides implementation guidance to Federal agencies on the application of the “Buy America” provisions that apply to infrastructure funding programs. The Build America, Buy America Act, which is part of the Infrastructure Investment and Jobs Act, requires Federal agencies to ensure that “none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” OMB’s guidance applies to all Federal financial assistance, whether funded through the IIJA or not, where funds are made available and used for an infrastructure project. The Build America, Buy America Act requires the following buying preference:

(1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

(3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

The OMB memorandum states that “the head of a Federal agency may waive the application of a Buy America preference under an infrastructure program” when the head of the Federal agency finds any of the following:

(1) applying the domestic content procurement preference would be inconsistent with the public interest (a “public interest waiver”);

(2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (a “nonavailability waiver”); or

(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost waiver”).

However, before issuing a waiver, the head of the Federal agency must make publicly available on the agency’s website a detailed written explanation for the proposed determination to issue the waiver and provide at least 15 days for public comment on the proposed waiver, with general applicability waivers being subject to a minimum 30-day public comment period.

Rural Digital Opportunity Fund: FCC Authorizes RDOF Support For 1,345 Winning Bids (8th RDOF Authorization)

April 15, 2022 – The FCC’s Wireline Competition Bureau has announced it has authorized Rural Digital Opportunity Fund (RDOF) Phase I auction support for 1,345 winning bids. This is the eighth Public Notice authorizing RDOF support. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. Some of the authorized winning bids include those made by Firefly Fiber Broadband; Centranet, LLC; Forked Deer Connect, LLC; Mediacom; Midwest Energy Cooperative; OzarksGo; Peoples Telecom of Kentucky; and Windstream.

The authorizations were granted after the Bureau reviewed long-form application information for each authorized winning bidder, including letters of credit and Bankruptcy Code opinion letters, and concluded the submissions were acceptable. Consequently, the Bureau has directed and authorized the Universal Service Administrative Company to obligate and disburse Universal Service Fund support to each winning bidder. Support will be disbursed in 120 monthly payments, beginning at the end of April 2022. The first servie obligation that must be met by the RDOF support recipients authorized by the Public Notice is the deployment of broadband service to 40% of locations in a state by December 31, 2025. The broadband service must meet the standards for which support was received (i.e., speed levels and latency). After that, these RDOF support recipients must achieve the following broadband service deployment obligations: 60% of locations in a state by December 31, 2026; 80% of locations in a state by December 31, 2027; and 100% of locations in a state by December 31, 2028.

Mergers & Acquisitions: Nex-Tech To Acquire Moundridge Communications Network

April 15, 2022 – Rural Telephone Service Company, Inc. d/b/a Nex-Tech, a Kansas incumbent local exchange carrier, has announced it has reached an agreement to acquire The Moundridge Telephone Company Inc. d/b/a Moundridge Communications Network. Terms have not been disclosed. The deal is expected to close by July 2022, subject to state and federal regulatory approval.

Nex-Tech is organized as a cooperative and headquartered in Lenora, Kansas. It provides voice and broadband services, as well as cloud, managed T.T., security and surveillance, hardware and software, and backup services, itself and through subsidiaries.

Moundridge Communications Network is a family-owned and operated communications service provider that was founded in 1904 in Moundridge, Kansas. It provides broadband Internet access and telephone services to customers in the Kansas communities of Moundridge and Goessel. The current owners acquired the company in 2016.

FCC Announces Release Of Preliminary Broadband Serviceable Location Fabric - Available To Fixed Broadband Service Providers

April 14, 2022 – The FCC’s Broadband Data Task Force has announced that a preliminary version of the Broadband Serviceable Location Fabric is now available. Fixed broadband service providers can access the preliminary version of the Fabric to begin preparing for their broadband availability data submissions under the FCC’s new Broadband Data Collection (BDC).

Access to the preliminary Fabric, however, is available for those fixed broadband service providers that have made FCC Form 477 filings in the past. They must first execute a license agreement with the Fabric’s creator, CostQuest, in order to access the data. According to the Public Notice, CostQuest will contact, via email, “the certifying individual of each June 2021 Form 477 filing with fixed broadband deployment, requesting that the recipient visit CostQuest’s user support help desk to (1) create user credentials, (2) submit a license request form, and (3) execute the licensing agreement.”

In February 2022, the FCC announced it will accept BDC broadband availability data from facilities-based providers of fixed and mobile broadband Internet access service beginning June 30, 2022, to September 1, 2022. Submissions must show a provider’s broadband availability data as of June 30, 2022.

In the Public Notice announcing the preliminary Fabric, the Broadband Data Task Force also provides further details on the Fabric and information on how fixed broadband providers should prepare their BDC filings, including the following:

(1) information for providers of fixed broadband service on how to access the preliminary Fabric;

(2) identification of data sources used in, and elements of, the Fabric;

(3) confirmation that the Fabric will identify broadband serviceable locations using a unique, FCC-issued identifier (Location ID), a set of latitude/longitude coordinates within the boundaries of each structure, and, where feasible, a street address; and

(4) confirmation that fixed broadband providers that do not use availability polygons must submit their broadband availability data using the unique Location IDs in the Fabric.

FCC Sets Final Agenda For Open Meeting On April 21, 2022

April 14, 2022 – The Federal Communications Commission has announced the final agenda for its open meeting, scheduled for 10:30 am on Thursday, April 21, 2022. It contains the following five items:
Improving Receiver Performance – The Commission will consider a Notice of Inquiry to promote more efficient use of spectrum through improved receiver interference immunity performance, thereby facilitating the introduction of new and innovative services. (ET Docket No. 22-137)
Wireless Emergency Alerts – The Commission will consider a Further Notice of Proposed Rulemaking seeking comment on proposals to strengthen the effectiveness of Wireless Emergency Alerts, including through public reporting on the reliability, speed, and accuracy of these alerts. (PS Docket Nos. 15-91, 15-94)
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.
Enforcement Bureau Action – The Commission will consider an enforcement action.

Broadband Data Collection: FCC Issues Guidance For State, Local, And Tribal Governmental Entities Submitting Verified Broadband Availability Data

April 14, 2022 – The FCC’s Broadband Data Task Force has released details on the procedures for state, local, and Tribal governmental entities to submit verified broadband availability data through the FCC’s Broadband Data Collection (BDC) system. Specifically, the Public Notice provides the following further details:

(1) the system and process the FCC will use to authenticate entities purporting to file on behalf of state, local, or Tribal governmental entities; and

(2) the procedures for identifying state, local, and Tribal governmental entities with primary responsibility for mapping or tracking broadband internet access service coverage within their jurisdictions.

As part of the new BDC, the FCC will collect verified data for use in the new BDC broadband availability maps from State, local, and Tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage in their respective areas. In the Digital Opportunity Data Collection Second Report and Order, the FCC stated it “will treat data verified by the governmental entity that is primarily responsible for mapping or tracking coverage as primary availability data for use in the coverage maps on par with the availability data submitted by providers in their biannual BDC filings, and later described how coverage data from governmental entities will be considered “verified” when they bear certain indicia of credibility.

The FC will accept broadband availability data from facilities-based providers of fixed and mobile broadband Internet access service beginning June 30, 2022, to September 1, 2022. These BDC submissions must show a provider’s broadband availability data as of June 30, 2022. The Public Notice guidance is intended to give state, local, and Tribal governmental entities that intend to submit verified broadband availability data enough time to prepare prior to the June 30, 2022 opening of the BDC filing window.

Broadband Data Collection: FCC Issues Guidance For Mobile Speed Test Applications

April 14, 2022 – The FCC’s Broadband Data Task Force and Office of Engineering and Technology (OET) have announced procedures for submitting proposals for mobile speed test applications that will be used in collecting and submitting mobile broadband network performance data as part of the FCC’s Broadband Data Collection (BDC). Specific technical guidance regarding how third-party app developers may present supporting information and other documentation as part of their proposals is included in Appendix A to the Public Notice and OET Bulletin 75, Broadband Data Collection Program: Third-Party Speed Test Mobile Application Approval Process Guidance.

Third-party mobile speed test applications will be used for the collection and submission of mobile broadband challenge data, and also could eventually be used to collect crowdsourced broadband availability data. While mobile speed test application data will be used to ensure consumers’ challenge data meet necessary reporting requirements, crowdsourced data would be used to “identify individual instances or patterns of potentially inaccurate or incomplete deployment or availability data that warrant further investigation or review.”

Third-party app developers seeking OET approval must submit a separate proposal for iOS and Android operating systems. Developers may begin submitting their proposals to OET for review and approval. OET has stated it “will endeavor to complete its review of proposals received on or before June 9, 2022 in advance of the FCC’s publication of the initial versions of the broadband availability maps required under the Broadband DATA Act.”

DISH Claims SpaceX Cannot Meet Its Rural Digital Opportunity Fund Obligations

April 12, 2022 – DISH Network Corporation has filed an ex parte claiming “SpaceX cannot credibly claim that it will be able to fulfill its obligations under the Rural Digital Opportunity Fund (RDOF) auction rules.” DISH’s ex parte incorporates four technical studies which DISH says demonstrate that “SpaceX’s first-generation and proposed second-generation non-geostationary orbit (NGSO) satellite systems exceed the equivalent power flux density (EPFD) limits imposed on non-geostationary orbit (“NGSO”) satellite systems in the 12.2-12.7 GHz band (12 GHz band) for the purpose of protecting Direct Broadcast Satellite (DBS) users.” DISH summarizes the four technical studies as follows:

The first three studies show that SpaceX’s first-generation system would violate the power limits if the software used by the International Telecommunication Union (ITU) to measure power levels is adjusted to rectify the inadequacies that the ITU itself has recognized and to reflect the real world—the actual locations of DBS dishes, and all of the satellites in SpaceX’s enormous system that are above the horizon for any particular dish. The fourth study is even more straightforward: it shows that SpaceX’s second-generation (Gen2) system would violate the limits if the ITU-approved software is applied without any adjustments.

DISH explains that in its petition for designation as an eligible telecommunications carrier (ETC), “SpaceX has stated that it intends to rely on the 12 GHz band (among others) for its service.” However, DISH argues, the technical studies show SpaceX’s use of the 12 GHz band will violate the FCC’s rules. DISH argues that “there is no doubt that spectrum users violating the technical restrictions of the FCC’s rules for a frequency band are ineligible for purposes of certifying access.” Ultimately, DISH claims “SpaceX’s petition for designation as an [ETC] for purposes of the RDOF program should be denied to the extent that SpaceX proposes to use the 12 GHz band for its service.”

FCC Releases Data On Broadband Deployment Progress By Recipients Of CAF II Auction Support

April 8, 2022 – The FCC’s Wireline Competition Bureau has announced the release of data showing the total locations deployed to by Connect America Fund Phase II (CAF II) Auction support recipients. The data reflects broadband service deployment as of December 31, 2021, and is available on the Universal Service Administrative Company’s (USAC) CAF Phase II Auction website. A total of 257,886 locations have been certified in the High Cost Universal Broadband (HUBB) portal as receiving new broadband service due to funding from the CAF II Auction program.

Companies that receive CAF II Auction support are required to deploy the requisite level of broadband service to 40% of their required locations in a state by December 31, 2022. Some have already met their initial deployment requirement, but some companies have not yet reported any broadband deployment in states where they receive support. The Wireline Bureau has sent letters to companies with no reported deployment, asking them to explain how they will meet the initial 40% deployment milestone, and demanding a response by May 9, 2022. The letters are available on the FCC’s CAF Phase II Auction website under the Documents tab.

Five More State Attorneys General Partner With FCC For Robocall Investigations

April 7, 2022 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced that five more state Attorneys General are partnering with the FCC in robocall investigations by signing Memoranda of Understanding with the FCC’s Enforcement Bureau. The five states are Alaska, California, Tennessee, Pennsylvania, and Washington. The FCC describes the robocall investigations partnership as follows:

Memoranda of Understanding between state robocall investigators and the FCC’s Enforcement Bureau establish critical information sharing and cooperation structures to investigate spoofing and robocalls scam campaigns. During investigations, both the FCC’s Enforcement Bureau and state investigators seek records, talk to witnesses, interview targets, examine consumer complaints, and take other critical steps to build a record against possible bad actors. These partnerships can provide critical resources for building cases and preventing duplicative efforts in protecting consumers and businesses nationwide.

Chairwoman Rosenworcel has invited all remaining U.S. states to join the robocall investigation partnership. Every state that has joined the effort are listed in the table below.

Windstream Enters Into Consent Decree With FCC Ending Investigation Into Rural Health Care Program Rule Violations, Will Pay $1.2 Million

April 5, 2022 – The FCC’s Enforcement Bureau and Windstream Communications, LLC have entered into a Consent Decree which terminates an Enforcement Bureau investigation into whether Windstream violated the FCC’s Rural Health Care (RHC) Program rules. As part of the settlement, Windstream will repay $1,004,445.24 to the Universal Service Fund (USF), pay a civil penalty to the U.S. Treasury in the amount of $200,000, and implement enhanced compliance measures in connection with its participation in the RHC Program.

Under the RHC’s Telecommunications Program, rural health care providers can obtain rates for supported communications services “that are no higher than the ‘urban rate,’ defined as ‘a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service in any city with a population of 50,000 or more in that state.’” The communications carrier providing the services is then entitled to support payments from the USF to account for the difference between the urban rate and the “rural rate” provided to the rural health care provider. The FCC’s RHC Program rules establish only three methods for a communications service provider to determine its rural rate. During its investigation, the FCC’s Enforcement Bureau “determined that Windstream failed to use any of the three rate-setting methods,” and instead used a competitive bid process. However, Windstream was unable to provide the Bureau with documents sufficiently demonstrating the processes used to set its rural rates complied with the FCC’s rules.

altafiber Files Retransmission Consent Complaint Against Cox; Claims Cox Wants Payment Of Retransmission Consent Fees On Non-Cable, Broadband-Only Subscribers

April 4, 2022 – Cincinnati Bell Extended Territories LLC, dba altafiber has filed a Verified Retransmission Consent Complaint For Enforcement Of Obligation To Negotiate In Good Faith against Miami Valley Broadcasting Corporation (WHIO-TV), a CBS-affiliate managed by Cox Media Group. The dispute involves altafiber’s new communications network in the Dayton DMA that will provide “cable television and ultra-high-speed broadband service” to 135,000 households. altafiber describes its complaint as “the last resort to stop a broadcaster that will not grant retransmission consent unless it receives payment of a per-subscriber retransmission consent fee for virtually every non-cable, broadband-only subscriber.” In the complaint, altafiber claims that as part of the retransmission consent negotiations, Cox has asserted two unreasonable demands:

First, Cox requires payment of retransmission consent fees on non-cable, broadband-only subscribers who stream video from any source. Cox confirmed that even if such a subscriber merely streamed YouTube videos or purchased a Netflix subscription, it demands payment of retransmission consent fees despite the absence of any retransmission by altafiber. Second, Cox demands that altafiber restructure its subscriber rates in a non-standard way that would confuse consumers and make difficult apples-to-apples price comparisons of competing services, thereby harming competition.

altafiber explains that without the WHIO-TV CBS-affiliate in its channel lineup, its cable television service will be “uncompetitive and thus financially inviable.” altafiber further explains that if it fails to “obtain retransmission consent for WHIO on commercially reasonable terms, altafiber will not be able to launch cable television service on its FTTP system in Dayton, thus slowing down or halting construction of the system, including the deployment of ultra-high-speed broadband services.”

TracFone Enters Into $13.4 Million Settlement With FCC & DOJ Over Lifeline Program Rule Violations

April 4, 2022 – The Federal Communications Commission (FCC) has announced that it and the U.S. Department of Justice have reached a $13.4 million settlement with TracFone Wireless in connection with TracFone’s alleged violations of the FCC’s Lifeline program rules.

According to the FCC News Release, “the settlement resolves allegations that TracFone violated the False Claims Act by signing up more than 175,000 ineligible customers for the Lifeline program during 2012-2015 and that the false claims resulted from TracFone’s lax oversight and monitoring of its Lifeline program.”

Pursuant to the terms of the settlement, $10,927,372 in previously refunded overpayments will be retained by the Universal Service Fund, and TracFone will pay $2.5 million in damages to the Government. TracFone also must implement a comprehensive, three-year compliance plan to help ensure strict adherence to the FCC’s Lifeline program rules going forward.

CISA Urges Critical Infrastructure To Share Information On Cyber-Events

April 1, 2022 – The U.S. Cybersecurity and Infrastructure Security Agency (CISA) has issued guidance encouraging stakeholders to voluntarily share information about cyber-related events that could help mitigate current or emerging cybersecurity threats to critical infrastructure.

CISA uses reported cyber-event information “to render assistance and provide a warning to prevent other organizations and entities from falling victim to a similar attack,” as well as to identify “trends that can help efforts to protect the homeland.”

Federal and Critical Infrastructure partners that have previously submitted an Incident Reporting Form are encouraged to continue using that method to share information. Those who have never reported to CISA, or lack the time or capability to use the form, are encouraged to share information via an email to Report@cisa.gov with as much detail as possible using the guidelines contained in the guidance document.