Net Neutrality Legislation Introduced In Congress

July 29, 2022 – Senators Edward Markey (D-MA) and Ron Wyden (D-OR), and Representative Doris Matsui (D-CA) have introduced the Net Neutrality and Broadband Justice Act of 2022 in the Senate and House of Representatives. If passed, the bill would revise the definition of “telecommunications service” in 47 U.S.C. § 153(53) to include the offering of broadband internet access service. In other words, the legislation would make broadband service a Title II telecommunications service under the Communications Act, giving the Federal Communications Commission (FCC) authority to apply net neutrality rules.

FCC Chairwoman Jessica Rosenworcel released the following statement on the introduction of the Net Neutrality and Broadband Justice Act of 2022:

The pandemic made clear internet access is no longer a luxury, but a necessity – and that consumers don’t just need broadband, they need to be able to hold their providers to account. After all, everyone should be able to go where they want and do what they want online without their broadband provider making choices for them. I support Net Neutrality because it fosters this openness and accountability. While I trust the FCC has the authority it needs to adopt Net Neutrality rules, legislation that helps ensure it is the law of the land is welcome.

FCC To Hold Virtual Technical Assistance Workshops On Broadband Data Collection

July 29, 2022 – The FCC’s Broadband Data Task Force has announced it will hold a series of virtual Technical Assistance Workshops on August 4, 9, 18, and 23, 2022, at 4:00 p.m. EDT to assist filers who are submitting broadband availability data in the inaugural Broadband Data Collection (BDC) window. Each virtual workshop session will focus on the following topics:

• Thursday August 4, 2022 4:00 p.m. EDT: How to Access and Use the Broadband Serviceable Location Fabric Dataset

• Tuesday August 9, 2022 4:00 p.m. EDT: Preparing and Submitting Fixed Availability Data

• Thursday August 18, 2022 4:00 p.m. EDT: Preparing and Submitting Mobile Availability Data

• Tuesday August 23, 2022 4:00 p.m. EDT: Using the BDC System and Common Error Codes

To register for the workshops, parties should send an e-mail to BDCwebinar@fcc.gov identifying which sessions they will attend. Information on how to attend the virtual workshop will be emailed to registered participants in advance of the event. Questions on the topics above may be submitted in advance of or during the workshops to BDCwebinar@fcc.gov. The BDC filing window opened on June 30, 2022 and closes on September 1, 2022. Facilities-based broadband service providers must file deployment data in the BDC system showing where they make mass market broadband internet access service available as of June 30, 2022. The BDC system is available online at https://bdc.fcc.gov/bdc.

FCC Sets Final Agenda For August 5th Open Meeting

July 29, 2022 – The Federal Communications Commission has released the final agenda for its next open meeting scheduled for 10:30 am on Friday, August 5, 2022. The meeting will be held at the FCC Headquarters Meeting Room, 45 L Street, N.E., Washington, D.C., and will be streamed live online at www.fcc.gov/live.

Affordable Connectivity Outreach Grant Program – The Commission will consider a Second Report and Order which would establish the Affordable Connectivity Outreach Grant Program to provide eligible governmental and non-governmental entities funding to conduct outreach to increase awareness of and encourage participation in the Affordable Connectivity Program among eligible low-income households. (WC Docket No. 21-450)

‘Your Home, Your Internet’ Pilot Program – The Commission will consider a Third Report and Order which would establish the one-year Your Home, Your Internet Pilot Program with the goal of increasing awareness of the Affordable Connectivity Program among recipients of federal housing assistance and facilitating enrollment in the ACP by providing targeted assistance with the ACP application. (WC Docket No. 21-450)

Space Innovation; Facilitating Capabilities for In-Space Servicing, Assembly, and Manufacturing – The Commission will consider a Notice of Inquiry (NOI) that would examine opportunities and challenges of in-space servicing, assembly, and manufacturing – or “ISAM” – that can support sustained economic activity in space. This NOI would develop an up-to-date record on current ISAM activities and seek input on steps the Commission might take to facilitate ISAM missions, including through updates to Commission rules and processes. (IB Docket Nos. 22-271; 22-272)

Freeing Up 17 GHz Spectrum to Support Satellite Broadband Service – The Commission will consider a Report and Order and a Notice of Proposed Rulemaking that would adopt a co-primary allocation for geostationary satellite orbit (GSO) fixed-satellite service (FSS) operations in the space-to-Earth (downlink) direction in the 17.3-17.8 GHz band, while protecting incumbent services, and inquire into whether the Commission should expand this FSS allocation in the 17.3-17.8 GHz band to include non-geostationary orbit (NGSO) FSS operations also in the downlink direction. (IB Docket Nos. 20-330, 22-273)

Media: Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.

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

FCC Releases Form 477 Broadband Data As Of June 30, 2021

July 29, 2022 – The FCC’s Office of Economics and Analytics, Wireline Competition Bureau, and Wireless Telecommunications Bureau have released updated FCC Form 477 data on fixed broadband deployment, and mobile voice and broadband deployment as of June 30, 2021. The fixed broadband data includes revisions made by filers through June 28, 2022, while the mobile deployment data include revisions made by filers through November 14, 2021. Fixed Deployment Data is available for download at https://www.fcc.gov/general/broadband-deployment-data-fcc-form-477 and is shown on the National Broadband Map. Mobile Deployment Data is available at https://www.fcc.gov/mobile-deployment-form-477-data.

FCC Announces Minimum Lifeline Service Standards, Lifeline Program Budget

July 29, 2022 – The FCC’s Wireline Competition Bureau has released a Public Notice announcing the updated minimum service standards for Lifeline-supported services, and the Lifeline program budget for calendar year 2023. The Lifeline minimum service standards and annual budget are set at the following:

Mobile Broadband Minimum Service Standard.  Pursuant to the Bureau’s July 1, 2022 Order, the Lifeline minimum service standard for mobile broadband data capacity will continue to be 4.5 GB per month until at least December 1, 2023.

Fixed Broadband Minimum Service Standard For Data Usage Allowance.  Beginning December 1, 2022, the Lifeline minimum service standard for fixed broadband data usage will be 1280 GB per month, as calculated from the 2022 Urban Rate Survey data.

Mobile Voice Telephony Minimum Service Standard.  Pursuant to the 2016 Lifeline Order, on December 1, 2022, the Lifeline minimum service standard for mobile voice service will remain unchanged, at 1000 minutes per month.

Lifeline Program Annual Budget. The indexed budget for federal universal service support for the Lifeline program for the calendar year beginning January 1, 2022 was $2,457,366,093, and the indexed budget for the calendar year beginning January 1, 2023 will be $2,572,862,300.

USDA Announces $401 Million In Broadband Funding – 20 ReConnect Program Awards & 1 Telecommunications Infrastructure Loan

July 28, 2022 – The U.S. Department of Agriculture (USDA) has announced it is investing $401 million in high-speed broadband infrastructure to connect 31,000 rural residents and businesses in 11 states. This includes 20 ReConnect Program awards and one Telecommunications Infrastructure Loans and Guarantees Program award. The 20 ReConnect Program awards consist of $89,860,403 in loans and $266,143,292 in grants. The one Telecommunications Infrastructure Loans and Guarantees Program award is a loan in the amount of $44,924,000. The 11 states in which the awards were made are Alaska, Arizona, Arkansas, California, Colorado, Idaho, Montana, New Mexico, Nevada, North Dakota and Texas. Information on all 21 broadband funding awards is available here.

Mergers & Acquisitions: Commnet Broadband To Acquire Sacred Wind Enterprises

July 27, 2022 – Commnet Broadband has entered into an agreement to acquire Sacred Wind Enterprises, the largest privately owned broadband company in New Mexico, for roughly $25 million in cash and $32 million in debt. Commnet Broadband is a wholly owned subsidiary of ATN International, Inc. Sacred Wind provides voice and broadband services in New Mexico, with a focus on serving tribal communities. Commnet’s parent company ATN provided the following statement on the deal:

Our Commnet Broadband subsidiary announced separately today, that we entered into an agreement this week to acquire Sacred Wind Enterprises, the largest privately owned broadband company in New Mexico. We view this transaction as a next step in the transformation of Commnet's legacy wholesale roaming business. When complete, the combination will expand our core digital infrastructure footprint, and development pipeline, and increase the scale of our wholesale carrier, residential, and business broadband services in the rural Southwest. We expect to utilize approximately $25.0 million of cash and assume approximately $32.0 million in debt to close the transaction after we have obtained regulatory approvals. We do not expect this business combination to have a meaningful impact on our 2022 operating results, as its closing is currently anticipated to occur in the fourth quarter of this year. On a standalone basis, we expect Sacred Wind Enterprises to generate approximately $10 million of EBITDA in 2022.

Connecticut Regulatory Authority Fines Frontier $5 Million For Reckless Fiber Installation

July 27, 2022 – The Public Utilities Regulatory Authority of Connecticut has issued a Notice Of Violation And Assessment Of Civil Penalty and Order To Cease And Desist against the Southern New England Telephone Company d/b/a Frontier Communications for “jeopardizing public safety through reckless and inappropriate underground installations in the public right-of-way.” The Notice charges Frontier with violating Connecticut statutes and the Regulatory Authority’s rules, and prescribes a civil penalty of $5 million. An investigation into Frontier’s construction of its fiberoptic network led the Regulatory Authority to conclude Frontier and its contractors failed to comply with applicable laws and jeopardized the public safety. The Notice provides further explanation:

Specifically, the Authority’s inquiry into Frontier’s installation activities indicates that Frontier and its contractors are deploying fiberoptic cables in the public right-of-way using inappropriate design and construction standards and specifications, which has resulted, and will continue to result, in damage to underground natural gas and electric distribution facilities. These actions put at risk the health and safety of both the public at large and the workers involved.

Notwithstanding warnings from the Authority’s Call Before You Dig (CBYD) staff, Frontier and its contractors have continually violated numerous statutes and regulations by: (1) using unsafe excavation practices for trenchless excavation; (2) improperly using existing electrical conduits for road crossings, and (3) failing to properly notify the utilities after making contact with or damaging underground facilities. Not only are Frontier and its contractors knowingly and willfully violating the law, the contractors appear to be fraudulently concealing the violations in some instances by using fake conduit.

Kansas Now Accepting Applications For $83.5 Million Capital Projects Fund Broadband Grant Program

July 26, 2022 – The Kansas Office of Broadband Development has announced it is now accepting applications for its new Capital Projects Fund broadband infrastructure grant program. The application window runs from July 26, 2022 until 5:00 pm central time on August 19, 2022. Following the close of the application window, there will be a four-week public comment and applicant response window. The total amount of funding for the program is $83.5 million. The maximum grant amount for any funded broadband project is $10 million. The program will prioritize applications for fiber-optic last-mile network projects that will serve households and businesses in unserved areas, which are defined as areas without access to reliable broadband speeds of 100 Mbps download and 20 Mbps upload. Funded broadband projects must provide broadband services with minimum speeds of 100/20 Mbps. Grantees will have two years to complete their projects. All information about the program, as well as the application portal is available on the program’s website.

FCC Issues $4.35 Million Notice Of Apparent Liability For 73 Rural Digital Opportunity Fund Auction Applicants That Are In Default Of RDOF Winning Bids

July 22, 2022 – The FCC has issued a Notice of Apparent Liability (NAL) that applies to 73 Rural Digital Opportunity Fund (RDOF) Phase I Auction applicants that have defaulted on RDOF winning bids. The NAL applies to RDOF bids covering 1,702 census block groups in 36 states containing an estimated 129,909 locations. Each of the 73 RDOF applicants identified in the NAL defaulted by withdrawing its application with respect to certain areas, or by its failure to meet deadlines and requirements to which it agreed when it participated in the RDOF auction. The FCC has proposed a total of $4,353,773.87 in fines to be apportioned among the 73 RDOF applicants found to be in default. Appendix A to the NAL contains a short summary of facts for each of the 73 RDOF applicants describing why each are in default for certain RDOF winning bids. Appendix B identifies RDOF winning bidders that assigned winning bids to related entities, and are jointly and severally liable with their assignees for being in default of winning bids. Appendix C lists the specific census block groups that are subject to forfeiture, along with the RDOF auction applicant in default.

FCC Fines LTD Broadband $2.3 Million For Being In Default Of Rural Digital Opportunity Fund Winning Bids

July 22, 2022 – The Federal Communications Commission (FCC or Commission) has issued a Notice of Apparent Liability (NAL) that applies to 73 Rural Digital Opportunity Fund (RDOF) Phase I Auction applicants that have defaulted on RDOF winning bids. The FCC has proposed a fine of $2,304,000 for LTD Broadband LLC. Each of the RDOF applicants identified in the NAL defaulted by withdrawing its application with respect to certain areas, or by its failure to meet deadlines and requirements to which it agreed when it participated in the RDOF auction. Appendix A to the NAL contains a short summary of facts for each of the 73 RDOF applicants describing why each are in default for certain RDOF winning bids. Appendix B identifies RDOF winning bidders that assigned winning bids to related entities, and are jointly and severally liable with their assignees for being in default of winning bids. Appendix C lists the specific census block groups that are subject to forfeiture, along with the RDOF auction applicant in default. Appendix A to the NAL contains the following entry for LTD Broadband:

LTD Broadband LLC (LTD Broadband); FRN: 0020926788; File No.: EB-IHD-22-00033870; NAL/Acct No.: 202232080047. LTD Broadband is a Nevada company that provides fiber and fixed wireless service to customers, businesses and governmental entities located in rural areas. LTD Broadband timely submitted its Short-Form Application to participate in Auction 904 and was a successful bidder. On August 16, 2021, LTD Broadband notified the Commission of its intent to default on certain census blocks. On August 25, 2021, LTD Broadband also notified the Commission that it would not seek reconsideration of WCB’s denial of the company’s deadline waiver request for its Kansas and Oklahoma bids. The areas where LTD Broadband intended to default cover 768 CBGs subject to forfeiture. WCB declared LTD Broadband to be in default on December 16, 2021, and on January 28, 2022, and referred the company to EB for enforcement action. The Commission finds that LTD Broadband apparently committed violations by defaulting on 768 CBGs subject to forfeiture, which places the company’s base forfeiture at $2,304,000.00. LTD Broadband’s CBGs in default subject to forfeiture amounted to $78,496,778.40, thereby capping the maximum possible forfeiture at $11,774,516.76, which is 15% of LTD Broadband’s defaulted support subject to forfeiture in Auction 904. Because the base forfeiture is less than the 15% cap established in the Rural Digital Opportunity Fund Order, the Commission finds that the forfeiture amount of $2,304,000.00 against LTD Broadband is appropriate here.

U.S. Department Of Justice Investigating Huawei To Determine Risk Of Huawei Equipment On Cell Towers Near Missile Silos

July 21, 2022 – Reuters has reported that the U.S. Department of Justice is investigating Huawei Technologies Company “over concerns that U.S. cell towers fitted with its gear could capture sensitive information from military bases and missile silos that the company could then transmit to China.” Reuters reviewed a 10-page document showing the DOJ “subpoenaed Huawei in April 2021 to learn the company’s policy on sharing data with foreign parties that its equipment could capture from cell phones, including messages and geolocational data.” The investigation concerns mobile wireless networks using Huawei equipment to provide services to areas in Nebraska, Wyoming, and Montana where the missile silos are located.

All U.S.-Based Voice Service Providers Must Terminate Customer Relationship With Known Robocallers Or Block Their Traffic And Their Originating Providers’ Traffic

July 21, 2022 – The FCC’s Enforcement Bureau has issued an Order to provide actual written notice to all voice service providers about suspected illegal robocalls that have been made in violation of one or more provisions of the Communications Act. Further, the Enforcement Bureau notifies and directs all U.S.-based voice service providers to take immediate steps to effectively mitigate suspected illegal robocall traffic made by or on behalf of the following: (1) Roy Cox, Jr.; (2) Aaron Michael Jones; (3) their individual associates; and (4) associated entities (collectively, the Cox/Jones/Sumco Panama Operation).

A voice service provider may satisfy this obligation if it: (1) terminates a customer relationship with the Cox/Jones/Sumco Panama Operation; or (2) blocks all traffic from the Cox/Jones/Sumco Panama Operation and from the Originating Providers identified below:

• Mobi Telecom

• Virtual Telecom

• Fugle Telecom

• Call Pipe

• Geist Telecom

• Global Lynks

• South Dakota Telecom

• SipKonnect

Should any voice service provider fail to comply with these obligations and fail to take all necessary steps to avoid carrying suspected illegal robocall traffic made by/on behalf of these individuals and entities, that voice service provider may be deemed to have knowingly and willfully engaged in transmitting unlawful robocalls.

If any voice service provider, after investigation of the suspected illegal robocall traffic identified in the Order, thereafter does not terminate a customer relationship or block the traffic, it will be required to provide a written report to the FCC Enforcement Bureau with the results of its investigation, as required by Section 64.1200(n)(2) of the FCC’s rules. The provider should also continue to demonstrate its ongoing efforts to mitigate the traffic associated with the Cox/Jones/Sumco Panama Operation.

Midcontinent Communications Petitions FCC For Declaratory Ruling On Section 251(a) Interconnection Rights

July 20, 2022 – The FCC’s Wireline Competition Bureau is seeking public comment on a petition for declaratory ruling filed by Midcontinent Communications concerning Section 251(a) interconnection rights. Comments are due on or before August 19, 2022. Reply comments are due September 9, 2022. Midcontinent has petitioned the FCC to “issue a declaratory ruling affirming that a telecommunications carrier authorized to provide any telecommunications service in a state may seek interconnection with any other telecommunications carrier under section 251(a) of the Communications Act for the purpose of providing wholesale interconnection services for the exchange of local traffic, without the need to obtain additional authority from a state regulator, including a certificate of authority to provide local exchange service.” Midcontinent filed its petitioned after the South Dakota Public Utilities Commission ruled that Midcontinent is not entitled to interconnection with a rural incumbent telephone company to provide wholesale interconnection services until Midcontinent obtains a certificate of authority. Midcontinent claims the South Dakota PUC’s decision is inconsistent with Section 251(a) and FCC precedent.

FCC Reviewing Mobile Wireless Providers’ Data Retention And Data Privacy Policies And Practices

July 19, 2022 – The Federal Communications Commission Chairwoman Jessica Rosenworcel has requested information from the top 15 mobile wireless providers “about their data retention and data privacy policies and general practices.” Each letter of inquiry asks the wireless providers to provide information on their policies around geolocation data, such as how long geolocation data is retained and why and what the current safeguards are to protect this sensitive information; their processes for sharing subscriber geolocation data with law enforcement and other third parties’ data sharing agreements; and whether and how consumers are notified when their geolocation information is shared with third parties. Letters were sent to AT&T; Best Buy Health; Charter Communications; Comcast; Consumer Cellular; C-Spire; DISH Network; Google; H2O Wireless; Lycamobile; Mint Mobile; Red Pocket; T-Mobile; U.S. Cellular; and Verizon. The letters request a response by August 3, 2022.

FCC Approves Applications For Secure and Trusted Communications Networks Reimbursement Program – Priority 1 Applicants To Receive Pro Rata Support

July 18, 2022 – The FCC’s Wireline Competition Bureau has announced the approval of applications for funding from the $1.9 billion Secure and Trusted Communications Networks Reimbursement Program. The funding distributed to the approved applicants will help cover the costs of the removal, replacement, and disposal of communications equipment or services produced or provided by Huawei Technologies Company or ZTE Corporation that were obtained by applicants on or before June 30, 2020.

The FCC received 181 applications seeking approximately $5.6 billion in gross program  support, but following review, this was reduced to approximately $5.26 billion. Because the requested support is greater than the program’s total funding allocation, the Bureau was forced to implement the Secure and Trusted Communications Networks Act prioritization scheme which requires funding to be allocated first to approved Priority 1 applicants – those entities that have 2,000,000 or fewer customers. All approved applicants fall into Priority 1 except for Level 3 Communications, L.L.C., which has over 2 million customers, and falls within the third tier of the prioritization scheme. As a result, all 45 of Level 3’s applications have been denied due to lack of funding.

Based on a lengthy review of the approved applications, “the Bureau…determined that Priority 1 applicants…submitted approximately $4,640,284,672 in cost estimates that are reasonable and supported.” Approximately $62,049,300 in expected program administration expenses were first deducted from the program’s $1.9 billion congressional appropriation. Total available funding was then prorated on an equal basis to all Priority 1 applicants based on a roughly 39% pro-rata factor. Finally, additional funding from denied requests was distributed proportionally to each applicant’s allocation, “resulting in an adjusted pro-rata factor of approximately 39.5%.” The Appendix to the Bureau’s Public Notice contains a list of each granted application’s approved cost estimates and approved prorated allocation of support.

FCC Denies Hilliary Acquisition Corp’s Request For Waiver Of Auction 105 Down Payment Deadline, Dismisses Long-Form Applications

July 18, 2022 – The FCC’s Wireless Telecommunications Bureau had denied a request filed by Hilliary Acquisition Corp 2016, LLC for waiver of the Auction 105 down payment deadline. Consequently, the Wireless Bureau has dismissed Hilliary’s long-form applications, and Hilliary will be assessed an interim default payment. Hilliary was a winning bidder for 42 licenses across 21 counties in Auction 105 – the auction of Priority Access Licenses in the 3550-3650 MHz portion of the 3.5 GHz band. Its net winning bids totaled $805,965.00. The company was required to submit a down payment of $58,493.00 to the FCC by September 17, 2020, but failed to do so. However, Hilliary made a payment in the amount of $738,428.25 three weeks after the deadline, and thereafter sought waiver of the down payment deadline and acceptance of the late payment. In support of its waiver request, Hilliary explained that its Chief Financial Officer and another executive were exposed to the coronavirus and were forced to quarantine, causing a miscommunication within the company about the down payment deadline. It further explained that the $738,428.25 late payment was intended to cover  the down payment and final payment, along with an additional 5% late fee.

The Wireless Bureau rejected all of Hilliary’s arguments, concluding that the FCC “has consistently rejected arguments that it should waive the down payment rule where a winning bidder made a payment very shortly after the deadline, and for reasons similar to those presented [by Hilliary].” Ultimately, the Wireless Bureau shot down Hilliary’s argument that the pandemic’s impacts on its capacity to meet the down payment deadline are unique and unusual circumstances that justify waiver of the down payment rule. Accordingly, Hilliary is deemed to have defaulted on its Auction 105 licenses, its application is dismissed, and Hilliary will be liable for the applicable default payment obligations specified in Section 1.2104(g) of the FCC’s rules. Hilliary now owes an interim default payment amounting to 20 percent of its defaulted net bid for the licenses, or $161,193.00. Hilliary will be subject to the balance of the default payment after the spectrum associated with the licenses is won in a subsequent auction and the full default payment amount is determined.

FCC Chairwoman Rosenworcel Wants Definition Of Broadband Increased To 100/20 Mbps

July 15, 2022 – Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel has circulated to the other FCC Commissioners a Notice of Inquiry to initiate the FCC’s annual

Broadband Deployment Report on the status of fixed and mobile broadband service in the U.S. As part of this year’s assessment, Chairwoman Rosenworcel has “proposed increasing the national standard for minimum broadband speeds and proposed setting a long-term goal for broadband speed.” Specifically, Chairwoman Rosenworcel has proposed the following key updates to the FCC’s annual broadband deployment review:

• The Notice of Inquiry proposes to increase the national broadband standard to 100 Mbps for download and 20 Mbps for upload, and discusses a range of evidence supporting this standard, including the requirements for new networks funded by the Infrastructure Investment and Jobs Act.

• The Notice of Inquiry proposes to set a separate national goal of 1 Gbps/500 Mbps for the future.

Section 706(b) of the Telecommunications Act of 1996, directs the FCC to annually inquire whether advanced telecommunications capability (broadband) is being deployed to all Americans in a reasonable and timely fashion. If the FCC determines that broadband is not being deployed in a timely manner, Section 706(b) requires the FCC to take immediate action to accelerate broadband deployment by removing barriers to infrastructure investment and promoting competition. In 2015, the FCC raised the definition of broadband from 4/1 Mbps to its current level of 25/3 Mbps.

FCC Enters Into Consent Decrees With Five Auction 105 Applicants Concerning Violations Of 3.5 GHz Priority Access License Aggregation Limit

July15, 2022 – The FCC’s Wireless Telecommunications Bureau has entered into Consent Decrees with five Auction 105 applicants concerning Auction 105’s 3.5 GHz Priority Access License (PAL) aggregation limit: Cable One, Inc.; NorthWestern Corporation; SAL Spectrum, LLC; Shenandoah Cable Television, LLC; and United States Cellular Corporation. The FCC’s rules limit the aggregation of PAL channels in any license area to only four at any given time to promote a minimum degree of ownership diversity and facilitate competition, innovation, and efficient use of the 3.5 GHz band. The potential violations of the aggregation limit by the five Auction 105 applicants arises from attribution of PAL holdings in the same license area for both controlling interests and non-controlling interests of 10 percent or more in the spectrum.

Private equity firm BlackRock, Inc. holds a 10 percent or greater interest in the five Auction 105 applicants. BlackRock has the following ownership interests in each applicant: Cable One (12.20); NorthWestern (14.70%); SAL (11.65%); Shenandoah (13.75%); and US Cellular (16.70%). The five applicants were winning bidders in overlapping license areas, and because common, non-controlling interests of 10% or more are attributable, the applied-for PALs of each would be attributable to each other (implicating 462 PALs in 80 license areas in which the four-PAL aggregation limit would be violated).

Among other things, each Consent Decree requires each applicant to either amend its long-form application to remove all licenses that, if granted, would cause it to exceed the four-PAL aggregation limit in an identified market, or amend its long-form application to remove enough PALs in each identified market to avoid exceeding the four-PAL aggregation limit. For each applicant, the Wireless Bureau has waived the default payment penalty associated with amending a long-form application to remove a license won at auction.

FCC Announces Tentative Agenda For August 5th Open Meeting

July 15, 2022 – FCC Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s next open meeting scheduled for Friday, August 5, 2022:

Affordable Connectivity Outreach Grant Program – The Commission will consider a Second Report and Order which would establish the Affordable Connectivity Outreach Grant Program to provide eligible governmental and non-governmental entities funding to conduct outreach to increase awareness of and encourage participation in the Affordable Connectivity Program among eligible low-income households. (WC Docket No. 21-450)

‘Your Home, Your Internet’ Pilot Program – The Commission will consider a Third Report and Order which would establish the one-year Your Home, Your Internet Pilot Program with the goal of increasing awareness of the Affordable Connectivity Program among recipients of federal housing assistance and facilitating enrollment in the ACP by providing targeted assistance with the ACP application. (WC Docket No. 21-450)

Space Innovation; Facilitating Capabilities for In-Space Servicing, Assembly, and Manufacturing – The Commission will consider a Notice of Inquiry (NOI) that would examine opportunities and challenges of in-space servicing, assembly, and manufacturing – or “ISAM” – that can support sustained economic activity in space. This NOI would develop an up-to-date record on current ISAM activities and seek input on steps the Commission might take to facilitate ISAM missions, including through updates to Commission rules and processes. (IB Docket Nos. 22-271; 22-272)

Freeing Up 17 GHz Spectrum to Support Satellite Broadband Service – The Commission will consider a Report and Order and a Notice of Proposed Rulemaking that would adopt a co-primary allocation for geostationary satellite orbit (GSO) fixed-satellite service (FSS) operations in the space-to-Earth (downlink) direction in the 17.3-17.8 GHz band, while protecting incumbent services, and inquire into whether the Commission should expand this FSS allocation in the 17.3-17.8 GHz band to include non-geostationary orbit (NGSO) FSS operations also in the downlink direction. (IB Docket Nos. 20-330, 22-273)

Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.

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

FCC Chairwoman Rosenworcel Provides Update On Status Of Applications For Secure and Trusted Communications Networks Reimbursement Program Funding

July 15, 2022 – FCC Chairwoman Jessica Rosenworcel has sent a letter to Senator Maria Cantwell, Chair of the Senate Committee on Commerce, Science, and Transportation, which states that the FCC has completed its review of the applications for funding from the Secure and Trusted Communications Networks Reimbursement Program. The FCC received 181 applications, but 122 were materially deficient, with some lacking adequate cost estimates or sufficient supporting materials. Applicants were allowed to filed amended applications to cure any deficiencies. In the letter, Chairwoman Rosenworcel provided the following update on the FCC’s review:

The agency has now completed its review of the applications and the amended applications submitted in the Reimbursement Program. We are providing the final cost estimates based on the prioritization scheme set forth in the [Consolidated Appropriations Act, 2021 (CAA)]. Under this scheme, the law allocates funding first to approved applicants that have 2,000,000 or fewer customers, then to approved applications from accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband services and from health care providers and libraries providing advanced communications services, and finally to any remaining approved applicants.

To fund all reasonable and supported cost estimates within the first prioritization group and cover administrative expenses, the Reimbursement Program will require $4.70 billion, reflecting a current shortfall of $2.80 billion. To fund all reasonable and supported cost estimates within the first and third prioritization groups and cover administrative expenses, the Reimbursement Program will require $4.98 billion, reflecting a current shortfall of $3.08 billion. There are no applications that fall within the second prioritization category.

Absent an additional appropriation, the Commission will apply the prioritization scheme Congress specified in the CAA. Because demand within the first prioritization group exceeds available funds for the Reimbursement Program, the Commission will prorate reimbursement funds equally to each eligible applicant in the first prioritization group. The pro-rata factor for those allocations will be approximately 39.5% of demand.

Kansas Announces ENDPOINT Broadband Grant Program Using $83.5 Million From Capital Projects Fund

July 14, 2022 – Kansas Governor Laura Kelly has announced the launch of a new broadband grant program using $83.5 million in Capital Projects Fund money. Kansas’s Expansion of New Development Projects Offering Internet Networking & Telecommunications (ENDPOINT) program will distribute the $83.5M in the form of broadband infrastructure grants for unserved and underserved areas in Kansas. The U.S. Department of the Treasury awarded the $83.5 million in Capital Projects Fund support to Kansas to connect 21,300 homes and businesses with high-speed internet services.

The Kansas Department of Commerce’s Office of Broadband Development will oversee the ENDPOINT program. Eligible entities include internet service providers, political subdivisions, cooperatives and non-profit organizations. Funded projects must deliver broadband service with symmetrical download and upload speeds of at least 100 Mbps. The program will prioritize fiber-optic infrastructure projects that focus on achieving last-mile connections. Middle mile will be funded only if required for the last-mile build. The application window will be open for four weeks on July 25, 2022. Grant awards will be announced in October and November.

Treasury Announces Over $350 Million In Capital Projects Fund Awards For Kansas, Maine, Maryland, And Minnesota

July 14, 2022 – The U.S. Department of the Treasury has announced the approval of Coronavirus Capital Projects Fund awards for Kansas, Maine, Maryland, and Minnesota. The four awards total over $350 million and will be used by the four states to increase access to affordable, reliable high-speed internet to an estimated 84,000 homes and businesses. Each state plans to use its Capital Projects Fund award to support broadband infrastructure designed to deliver reliable internet service that meets or exceeds symmetrical download and upload speeds of 100 Mbps. The following summarizes the four state plans recently approved by Treasury:

• Kansas, approved for $83.5 million (representing 58% of its available Capital Projects Fund funding), estimates it will connect 21,300 homes and businesses by building high-speed internet service in areas where there is a demonstrated need. The Broadband Acceleration Grant Program, a competitive grant program, will contribute to bridging the digital divide by providing access to reliable high-speed internet connections. Capital Projects Fund dollars will help build reliable infrastructure that is affordable in the areas the program is designed to serve.

• Maine, approved for $110 million (representing 86% of its available Capital Projects Fund funding), estimates it will connect 22,500 homes and businesses by supporting the Maine Infrastructure Ready to invest in qualified locations that can be served by line extensions of existing networks or new networks. This competitive grant program is focused on serving locations that currently lack access to reliable high-speed internet access, including remote locations in Maine’s most rural counties.

• Maryland, approved for $95 million (representing 55% of its available Capital Projects Fund funding), estimates it will connect 16,667 homes and businesses by supporting the Network Infrastructure Grant Program, a competitive broadband grant program that will provide funding directly to internet service providers (ISPs) for qualifying large-scale broadband projects in areas that lack service. The program aims to close the racial and socioeconomic digital divide across the state.

• Minnesota, approved for $68.4 million (representing 38% of its available Capital Projects Fund funding), estimates it will connect 23,517 homes and businesses by using the funds for its Border-to-Border Broadband Development Grant Program, a competitive grant program designed to provide financial resources for new and existing ISPs to invest in building broadband infrastructure in areas of the state that currently lack high-speed internet.

Created by the American Rescue Plan Act of 2021, the Capital Projects Fund allocates $10 billion to the Treasury Department to provide payments to states, territories, and Tribal governments “to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID-19).” A key priority for the program is investment in high-quality broadband infrastructure and other connectivity infrastructure, devices, and equipment.

The Treasury Department announced the first four Capital Projects Fund awards to Louisiana, New Hampshire, Virginia, and West Virginia on June 7, 2022. So far, Treasury has awarded more than $915 million in Capital Projects Fund awards to states for investment in high-speed internet infrastructure estimated to reach nearly 285,000 homes and businesses. Awards have already been approved for 50 Tribal governments. Treasury intends to continue approving state and Tribal plans on a rolling basis, but states must submit their plans to Treasury by September 24, 2022.

FCC To Create Enhanced Competition Incentive Program (ECIP) For Wireless Licensees To Make Underutilized Spectrum Available To Small Carriers, Tribal Nations, And Entities Serving Rural Areas

July 14, 2022 – At its July 2022 open meeting, the FCC approved the release of a Report and Order and Second Further Notice of Proposed Rulemaking “to create a new Enhanced Competition Incentive Program (ECIP) to establish incentives for wireless licensees to make underutilized spectrum available to small carriers, Tribal Nations, and entities serving rural areas.” According to the FCC News Release, here is how it will work:

Under this new program, small carriers and Tribal Nations can qualify, as can rural-focused entities. Transactions through the new program must offer at least half of the licensed spectrum from a given Wireless Radio Service license to an unaffiliated eligible entity for long-term use within specific geographic parameters. Under the program, any covered geographic licensee may offer spectrum to an unaffiliated eligible entity through a partition and/or disaggregation, and any covered geographic licensee eligible to lease in an included service may offer spectrum to an unaffiliated eligible entity through a long-term leasing arrangement.

To participate in the program, parties to a license assignment or lease will demonstrate ECIP eligibility when seeking FCC approval of their transaction, consistent with existing secondary market rules and processes. If the FCC finds that approval of an ECIP eligible assignment or lease is in the public interest, the agency will consent to the transaction and confer benefits, including five-year license term extensions, one year construction extensions, and substituted alternative construction requirements for rural-focused transactions.

Rural Digital Opportunity Fund: FCC Authorizes RDOF Support For 1605 Winning Bids (11th RDOF Authorization)

July 14, 2022 – The FCC’s Wireline Competition Bureau has authorized Rural Digital Opportunity Fund (RDOF) Phase I auction support for 1,605 winning bids. This is the eleventh Public Notice authorizing RDOF support. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. Most of the authorized winning bids belong to Mercury Wireless.

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 July 2022.

The first service 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.

All 50 States Commit To Participating In Internet For All Initiative – BEAD Program, Middle Mile Grant Program, & State Digital Equity Act Programs

July 13, 2022 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has announced that all U.S. states and territories have committed to participate in the Internet for All initiative. Launched in May 2022, the Biden-Harris Administration’s $45 billion Internet for All initiative will be administered and implemented by NTIA, and is comprised of the following three broadband funding programs authorized by the Infrastructure Investment and Jobs Act of 2021:

Broadband Equity, Access, and Deployment (BEAD) Program ($42.5 billion);

Enabling Middle Mile Broadband Infrastructure Program ($1 billion); and,

State Digital Equity Act programs ($1.5 billion). 

• The BEAD Program will provide $42.45 billion in grants to expand high-speed internet access by funding planning, infrastructure deployment, and adoption programs in all 50 states, Washington D.C., and U.S. territories. States will use BEAD Program grant funding to prioritize the expansion of broadband internet access to unserved locations (no access to 25/3 Mbps broadband service) and underserved locations (no access to 100/20 Mbps broadband service). Applications for BEAD initial planning funds are due August 15, 2022.

• The Middle Mile Grant Program will provide up to $1 billion in grant funding for the construction, improvement, or acquisition of middle mile infrastructure. Entities eligible for funding include the following: a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning council, Native entity, economic development authority, or any partnership of two or more of these entities. The program’s application window opened on June 21, 2022, and closes on September 30, 2022.

• The State Digital Equity Act Programs consist of three grant programs that promote digital equity and inclusion, which are designed to ensure that all people and communities have the skills, technology, and capacity needed to reap the full benefits of the digital economy. The three grant programs are: the State Digital Equity Planning Grant Program (a $60 million grant program for states and territories to develop digital equity plans); the State Digital Equity Capacity Grant Program (a $1.44 billion program for states and territories to fund an annual grant program for five years in support of digital equity projects and the implementation of digital equity plans); and the Digital Equity Competitive Grant Program (a $1.25 billion program to fund annual grant programs for five years to implement digital equity projects). The State Digital Equity Planning Grant Program application window opened on May 13, 2022. The other two programs will open later on a later date.

FCC Announces 82 Bidders Qualified For Auction 108 – Bidding Begins On July 29, 2022

July 11, 2022 – The FCC’s Wireless Telecommunications Bureau has announced that 82 applicants are qualified to bid in Auction 108 – the sale of flexible‐use geographic overlay spectrum licenses in the 2.5 GHz band. Attachment A to the Public Notice lists the 82 qualified bidders. Attachment B lists the 11 applicants that failed to qualify for the auction. Bidding in Auction 108 is scheduled to begin on July 29, 2022.

Vermont PSD Announces Drive Tests To Determine Mobile Wireless Coverage Throughout The State

July 11, 2022 – The Vermont Department of Public Service (PSD) has announced “it will conduct new drive tests, in conjunction with the Agency of Transportation (AOT), to determine mobile wireless coverage throughout the state.” PSD and AOT are partnering with Ookla to conduct the mobile network testing and analysis. Personnel will reportedly “drive all state-maintained highways in the state” using “handsets supplied by the six facilities-based providers operating in Vermont: AT&T, FirstNet, T-Mobile, US cellular, Verizon, and VTel Wireless.” Additional information is available at https://publicservice.vermont.gov/content/mobile-wireless-drive-test.

FCC Issues Declaratory Ruling And Limited Waiver For Broadband Data Collection Engineer Certification Requirement

July 8, 2022 – The FCC’s Broadband Data Task Force has issued a Declaratory Ruling and Limited Waiver that clarifies the rule that Broadband Data Collection (BDC) filings may be certified by either a professional engineer (PE) or an otherwise-qualified engineer and provides a limited waiver of the engineering certification requirement. The item addresses a Petition for Declaratory Ruling or Limited Waiver filed by the Competitive Carriers Association (CCA) asking the FCC to clarify the rule, or in the alternative, issue a limited waiver. The FCC’s Declaratory Ruling and Limited Waiver does the following:

1. Declaratory Ruling – Where a mobile or fixed service provider submits a certification of the accuracy of its broadband submissions from a “corporate engineering officer,” the corporate engineering officer does not need to be a certified PE. The Broadband Data Task Force states that it believes the rule would be satisfied, for example, where the corporate officer possesses at least a Bachelor of Science (B.S.) in engineering degree and has both “direct knowledge” of, and responsibility for, the carrier’s network design and construction.

2. Limited Waiver – The FCC waives the engineer certification requirement for all mobile and fixed providers for purposes of certifying to the broadband availability data to be collected during the first three filing cycles of the BDC (i.e., data as of June 30, 2022, December 31, 2022, and June 30, 2023). Where a mobile or fixed service provider submits a certification of the accuracy of its broadband submissions from a “certified professional engineer,” we adopt a limited waiver to allow providers, during the term of the waiver, to submit a certification completed by an otherwise-qualified engineer. As a condition of the waiver, to be qualified to certify a provider’s BDC filing, the engineer must have either: (i) a bachelor’s or postgraduate degree in electrical engineering, electronic technology, or another similar technical discipline, and at least seven years of relevant experience in broadband network design and/or performance; or (ii) specialized training relevant to broadband network engineering and design, deployment, and/or performance, and at least ten years of relevant experience in broadband network engineering, design, and/or performance.

FCC Enforcement Bureau Notifies U.S.-Based Voice Service Providers They May Block Car Warranty Robocall Traffic From Certain Originating/Intermediate Providers

July 7, 2022 – The FCC’s Enforcement Bureau has issued a Public Notice which notifies all U.S.-based voice service providers about substantial amounts of apparently unlawful robocalls originating from a robocalling enterprise led by Roy Cox, Jr., Aaron Michael Jones, their individual associates, and associated entities (referred to collectively as the Cox/Jones/Sumco
Panama Operation). According to the Bureau, “the Cox/Jones/Sumco Panama Operation appears to be responsible for making more than eight billion unlawful robocalls to consumers in the United States since at least 2018.” Much of these robocalls contained messages about extending or reinstating the called party’s car warranty.

The Enforcement Bureau is issuing a cease-and-desist letter to each of the following voice service providers who have been identified as the originators of, or intermediate providers for, apparently unlawful robocall traffic originating from the Cox/Jones/Sumco Panama Operation: Call Pipe; Fugle Telecom; Geist Telecom; Global Lynks; Mobi Telecom; SipKonnect; South Dakota Telecom; and Virtual Telecom. In light of this, the Enforcement Bureau has announced that all U.S.-based voice service providers may block voice calls or cease to accept traffic from these originating/intermediate providers listed in the Public Notice without liability under the Communications Act or the FCC’s rules.

Texas Court Of Appeals Orders Texas PUC To Fully Fund Texas Universal Service Fund

July 1, 2022 – The Texas Court of Appeals, Third District, Austin, has issued an opinion ordering the Public Utility Commission of Texas (PUC or Commission) to fully fund all Texas Universal Service Fund (TUSF) programs and to make all disbursements required by existing TUSF orders and commitments. This is a huge win for the Texas rural communications service providers that filed the lawsuit after the PUC failed to take action in 2020 to keep the TUSF viable, and thereafter cut TUSF high-cost program disbursements by 60-70 percent.

Like other state universal service programs, the TUSF generally ensures the availability of telecommunications services to all Texas residents at reasonable rates, and is funded by an assessment of  intrastate telecommunications services revenue. From 2015 to 2020, the TUSF shrunk by $94 million due to some of the same issues plaguing the Federal universal service fund – declining assessable telecommunications revenues and modification of the assessment calculation by wireless providers to remove costs related to data. Despite facing a collapsing TUSF, at a June 2020 open meeting, the Texas PUC declined to increase the TUSF assessment rate from 3.3% to 6.4%, which would have kept the fund solvent through August 2021. Instead, the PUC established a triage system for the deteriorating TUSF and directed the TUSF administrator to prioritize expenditures from the TUSF each month. The TUSF administrator later notified companies participating in the TUSF rural and high-cost funds of a 60 to 70 percent reduction to support payments, some of which were actually greater than 70 percent.

In January 2021, the Texas Telephone Association, the Texas Statewide Telephone Cooperative, Inc., and their members (the Rural Providers) filed a lawsuit against the Texas PUC and PUC Commissioners for failing to increase the TUSF assessment rate to keep the TUSF solvent. They claimed, among other things, that the PUC and PUC Commissioners violated statute and PUC rules and orders, and the actions resulted in a regulatory taking. In response, the Texas PUC challenged the trial court’s jurisdiction and moved for summary judgment, generally asserting that the rural providers “had failed to plead a valid waiver of sovereign immunity,” and alternatively asserted that “even if the trial court concluded it had jurisdiction to hear the case, the rural providers had failed to meet their burden of proof on damages or to establish that the Commission was required to approve the assessment increase.” The trial sided with the Texas PUC, without providing its reasons, and dismissed the case. The Texas Rural Providers appealed.

First, the Court of Appeals concluded that the Texas Rural Providers sufficiently pleaded their ultra vires claims (violation of statutes and PUC rules and orders; and failure to carry out ministerial duties) to overcome the PUC’s sovereign immunity dismissal claim and confer jurisdiction on the trial court. The Court then determined the Rural Providers were entitled to judgment as a matter of law on all but one of their requests for relief. Among other things, the Court of Appeals granted a declaratory judgment and permanent injunction requiring the PUC and PUC Commissioners to fund all TUSF programs and make all required disbursements.

Additionally, the Texas Court of Appeals agreed with the Rural Providers’ argument that the Texas PUC’s actions resulted in “unconstitutional takings of private property without just compensation” because the denial of TUSF support “interferes with the investment-backed expectations in owning and operating a telecommunications company in Texas.” This reversed the trial court’s dismissal of the claim. Because the other relief provided in the decision does not address the TUSF arrearages owed to the Rural Providers, the Court remanded the claim back to the trial court for a determination of actual damages resulting from the regulatory taking.

FCC Releases Information On Filing Bulk Challenges To Broadband Serviceable Location Data In The BDC Broadband Serviceable Location Fabric

July 1, 2022 – The FCC’s Broadband Data Task Force has released “Data Specifications for Bulk Fabric Challenge Data, which sets forth the requirements for filing bulk challenges to broadband serviceable location (BSL) data in the Broadband Serviceable Location Fabric (Fabric).” Broadband providers, governmental entities, and interested parties can access the Bulk Fabric Data Specification online at: https://us-fcc.box.com/v/bdc-bulk-fabric-challenge-spec.

The Fabric is a common dataset of all locations (business or residential) in the U.S. where fixed mass-market broadband internet access service can be installed, and is the foundation for the data collected and maps to be created by the Broadband Data Collection (BDC). On June 23, 2022, the FCC released the production version of the Fabric to BDC filers and state, local and Tribal government entities. The BDC filing window opened on June 30, 2022 and closes on September 1, 2022.

There will be a challenge process for the Fabric, but the FCC has not set a date for the filing window. Broadband providers, governmental entities, and other stakeholders will be allowed to submit challenges and proposed corrections to location data in the Fabric. Entities may file multiple challenges at the same time, but these “bulk” challenges must conform to the Data Specifications for Bulk Fabric Challenge Data.

In the Public Notice, the Broadband Data Task Force also addresses “additional characteristics of BSLs for purposes of the Fabric so that challengers will be able to align their data with the Fabric to determine when BSLs may be missing or mischaracterized.” This information is separated into three topics: (1) residential parcels; (2) non- residential parcels; and (3) differentiating between mass-market broadband locations and non-mass market broadband locations. Among other things, the information helps clarify how the Fabric treats a single parcel of land that contains multiple structures, multiple housing units, or multiple businesses.

FCC Form 477 Data As Of June 30, 2022 Must Be Filed No Later Than September 1, 2022

July 1, 2022 – The FCC’s Office of Economics and Analytics has issued a Public Notice to notify facilities-based broadband providers that the filing deadline for FCC Form 477 data as of June 30, 2022 is September 1, 2022. The FCC’s Form 477 filing interface is no accepting data and is available online at https://apps2.fcc.gov/form477/login.xhtml. The FCC Form 477 filing requirement is separate and apart from the new Broadband Data Collection filing requirement. Additional information about which broadband providers must file Form 477 and the data that must be included is available online from the FCC at https://www.fcc.gov/BroadbandData/filers.

FCC Chairwoman Gives Update On FCC Broadband Mapping Efforts

July 1, 2022 – FCC Chairwoman Jessica Rosenworcel has released a blog post titled Status Update: Mapping Where Broadband Is—and Is Not—Available in the U.S., which provides an update on the FCC’s broadband mapping efforts. It contains the following key information:

• Today [June 30, 2022], we opened our new system to collect information from over 2,500 broadband providers on precisely where they provide broadband services. Why it matters: This marks the beginning of our window to collect location-by-location data from providers that we will use to build the map.

• We’ve built the framework for a common dataset of locations in the United States where fixed broadband service can be installed. Why it matters: This new location dataset, called the “Fabric,” will serve as the foundation upon which all fixed broadband availability data will be reported and overlaid in our new broadband availability maps.

• We’ve established consistent parameters that require broadband providers to submit data on availability using individually geocoded locations. Why it matters: Geocoded data will allow us to create a highly precise picture of fixed broadband deployment, unlike previous data collections, which focused on census blocks, giving us inaccurate, incomplete maps.

• The FCC has launched a new online help center, with dedicated staff providing technical assistance, online video tutorials and webinars explaining the data submission process, and resources for consumers, internet service providers, states, localities, and Tribes seeking assistance with submissions. Why it matters: Our broadband maps are only as good as the data we collect, and this support will help make sure the Commission gets the data we need, the way we need it.

• Our maps are built to improve. We are making the maps accessible to challenges by states, Tribal and local entities, and consumers. Why it matters: Earlier broadband maps relied exclusively on data collected from broadband providers, leaving key stakeholders without an easy mechanism to challenge and improve maps that were missing data or mischaracterized broadband coverage. The best map is one that improves over time with everyone’s experiences baked in.

• Bottom Line: For too long, our broadband maps have been a patchwork with information gaps that impeded the ability of policymakers to assure that critical funding efforts could be precisely targeted to deploying broadband facilities to consumers and communities most in need. The new Broadband Data Collection will tie together data from multiple sources to give us an accurate, detailed, and evolving picture of broadband availability that is much needed and long overdue.

FCC Extends Pauses Phase-Out Of Lifeline Support For Voice-Only Services & Increase In Mobile Broadband Data Capacity For Additional Year

July 1, 2022 – The FCC’s Wireline Competition Bureau has extended, on its own motion, for an additional year, the waiver pausing both the phase-out of Lifeline support for voice-only services and the increase in Lifeline minimum service standards for mobile broadband data capacity. “Voice-only” services refers to standalone voice service or voice service with broadband below the minimum service standards. Accordingly, the Order maintains the $5.25 per month support for services that meet only the voice minimum service standard and the 4.5 GB minimum service standard for mobile broadband data capacity. Both are extended until December 1, 2023. Without the extension, the $5.25 per month support would be eliminated in most areas on December 1, 2022, and the mobile broadband data capacity minimum would increase to 6.5 GB per month on December 1, 2022. As its reason for extending the pause, the Bureau determined the decision will give the FCC “time to consider how the longer-term Affordable Connectivity Program and any findings in the forthcoming Report on the Future of the Universal Service Fund should bear on the future of the Lifeline Program.”

FCC Authorizes SpaceX Mobile Earth Stations For Use With Starlink Satellite Broadband System

July 1, 2022 – The FCC’s International Bureau has granted, subject to the specific conditions and limits, SpaceX Services, Inc.’s (SpaceX) applications to operate consumer and enterprise Ku-band Earth Stations in Motion (ESIM). The ESIMs will communicate with SpaceX’s non-geostationary low earth orbit satellite constellation. SpaceX filed its applications in December 2021 and January 2021, seeking authority “to operate an unlimited number of consumer and enterprise end-user earth stations for deployment as ESIMs in the Ku-band using the 14.0-14.5 GHz band for transmitting and 10.7-12.7 GHz (including 12.2-12.7 GHz) for receiving.” SpaceX listed the following ESIM uses in its applications: (1) vehicle-mounted earth stations throughout the U.S. and its territories; (2) as earth station on vessels in the territorial waters of the U.S. and throughout international waters worldwide; and (3) as earth stations aboard aircraft on U.S.-registered aircraft operating worldwide and non-U.S.-registered aircraft operating in U.S. airspace.

The International Bureau concluded that granting the applications would benefit the public interest because “[a]uthorizing a new class of terminals for SpaceX’s satellite system will expand the range of broadband capabilities to meet the growing user demands that now require connectivity while on the move, whether driving an RV across the country, moving a freighter from Europe to a U.S. port, or while on a domestic or international flight.” The grant of authority to SpaceX is subject to 23 conditions and limits, many of which are related to and take into account the FCC’s ongoing 12 GHz rulemaking proceeding.

FCC Announces Counties Where Forbearance From Lifeline Voice Service Requirement Applies For ETCs That Receive Both High-Cost And Lifeline Support

July 1, 2022 – The FCC’s Wireline Competition Bureau has announced the counties in which conditional forbearance from the obligation to offer Lifeline-supported voice service applies for those eligible telecommunications carriers (ETCs) that are designated for purposes of receiving both high-cost and Lifeline support. Forbearance does not apply to Lifeline-only ETCs. The Appendix to the Bureau’s Public Notice lists the counties where conditional forbearance will apply, effective August 31, 2022. Pursuant to the FCC’s 2016 Lifeline Order, forbearance from the obligation to offer and advertise Lifeline voice service applies in counties where the following conditions are met: (1) 51% of Lifeline subscribers in the county are obtaining broadband Internet access service; (2) there are at least three other providers of Lifeline broadband Internet access service that each serve at least 5% of the Lifeline broadband subscribers in that county; and (3) the ETC does not actually receive federal high-cost universal service support.

T-Mobile Extends Fixed Wireless Home Broadband Service To 81 Towns & Cities In Colorado, Iowa, Kansas, Missouri, & Oklahoma

July 1, 2022 – T-Mobile has announced it has expanded its fixed wireless home internet access service – 5G Home Internet – to 81 cities and towns in Colorado, Iowa, Kansas, Missouri, and Oklahoma. According to the press release, “[w]ith this latest expansion, T-Mobile Home Internet is available to nearly 5 million more homes.” T-Mobile’s fixed wireless Home Internet service costs $50 per month with AutoPay, or $30 per month for families with T-Mobile’s Magenta MAX phone plan. The press release includes a list of the cities and towns where the service is newly available.