News Update - April 2023
FCC Announces Tentative Agenda For May 18 Open Meeting
April 27, 2023 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s next open meeting scheduled for Thursday, May 18, 2023:
Amendment of Section 15.255 of the Commission’s Rules – The Commission will consider a Report and Order that would provide new opportunities for unlicensed field disturbance sensor devices, such as radars, to operate in the 57-71 GHz band (60 GHz band) and foster innovative products and services while ensuring coexistence with other unlicensed technologies and Federal incumbents in the band. (ET Docket No. 21-264)
Expanding Flexible Use of the 12.2-12.7 GHz Band; Expanding Use of the 12.7-13.25 GHz Band for Mobile Broadband or Other Expanded Use – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would ensure that current and future satellite services are preserved and protected in the 12.2-12.7 GHz (12.2 GHz) band by declining to authorize mobile operations in the band, while further investigating the potential to expand fixed use or permit unlicensed use. The Notice of Proposed Rulemaking and Order would continue development of a pipeline of mid-band spectrum by proposing to authorize the 12.7-13.25 GHz (12.7 GHz band) for mobile broadband and other expanded uses. (WT Docket No. 20-443, GN Docket No. 22-352)
Expanding Call Blocking Requirements – The Commission will consider an Order, Further Notice, and Notice of Inquiry that would expand our call blocking requirements to ensure even greater protections for consumers. The item would enlist service providers in the fight against unwanted robocalls by extending our 24-hour traceback requirement to cover all voice service providers in the call path, enhancing existing requirements to effectively mitigate illegal traffic upon Commission notification and expanding our know-your-upstream-provider requirements to all voice service providers. The item would also seek comment on several other options to further enhance consumer protections, including a proposal to require terminating providers to offer analytics-based call blocking. (CG Docket No. 17-59, WC Docket No. 17-97)
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.
FCC Announces Access To Broadband Serviceable Location Fabric For Conducting Non-Commercial Research On Broadband Availability
April 19, 2023 – The FCC’s Broadband Data Task Force and Office of Economics and Analytics have announced that parties may now obtain a license to use the Broadband Serviceable Location Fabric for purposes of conducting non-commercial academic or public-policy research directly related to broadband availability. Serving as the underlying foundation of the FCC’s new broadband availability map, the Fabric is a common dataset of all locations in the U.S. where the FCC has determined fixed broadband internet access service can be installed. To access the Fabric, non-commercial academic or public-policy research entities must first obtain a username, password, and FRN (FCC Registration Number) via the Commission Registration System (CORES), then log into the BDC system using that username and password, and fill in the Entity Information page for the FRN. Non-commercial academic or public-policy research entities will then receive an email from CostQuest about how to execute a limited end-user license agreement for the Fabric. Depending on its organization type, an entity may need to provide a brief description of how the intended use of the Fabric data supports non-commercial academic or public-policy research and how the organization is involved in issues related to broadband availability. Additional information is available in the Public Notice.
FCC Seeks Comment On T-Mobile & SpaceX Joint Request To Establish Supplemental Coverage From Space For T-Mobile’s Terrestrial Network Using SpaceX Satellites
April 18, 2023 – The FCC’s Space Bureau and Wireless Telecommunications Bureau are seeking comment on filings by Space Explorations Holdings, LLC (SpaceX) and T-Mobile USA Inc. that jointly seek relief to establish supplemental coverage from space for T-Mobile’s terrestrial network using SpaceX satellites. Comments and petitions are due on or before May 18, 2023. Responses to comments and oppositions to petitions are due May 29, 2023. Replies to responses and oppositions are due June 2, 2023. SpaceX has requested modification of its license for its second generation (Gen2) Starlink constellation of low-Earth orbit, non-geostationary orbit satellites to add a direct-to-cellular communications capability on up to 7,500 Gen2 Starlink satellites. T-Mobile has filed a long-term spectrum manager lease notification informing the FCC of an arrangement whereby SpaceX satellites would provide supplemental coverage to T-Mobile’s terrestrial network on Personal Communications Service (PCS) G-block (1910-1915 MHz and 1990-1995 MHz) spectrum licensed to T-Mobile, if the FCC also takes favorable action regarding part 25 licensing.
USDA Announces Broadband Technical Assistance Program Funding To Promote High-Speed Internet In Rural Areas
April 17, 2023 – The U.S. Department of Agriculture (USDA) has announced the availability of $20 million in funding under the new Broadband Technical Assistance Program. Funding will support “technical assistance projects such as conducting feasibility studies, completing network designs and developing broadband financial assistance applications.” Program funding “is also available to help organizations access federal resources, and to conduct data collection and reporting.” USDA is encouraging Broadband Technical Assistance Program funding applicants to consider projects that will advance the following key priorities:
Assisting rural communities recover economically through more and better market opportunities and through improved infrastructure;
Ensuring all rural residents have equitable access to USDA Rural Development (RD) programs and benefits from RD funded projects; and
Reducing climate pollution and increasing resilience to the impacts of climate change through economic support to rural communities.
The Broadband Technical Assistance Program consists of the following funding categories:
Technical Assistance Providers: Applicants must propose to deliver broadband technical assistance that will benefit rural communities. Up to $7.5 million is available. The minimum award is $50,000. The maximum is $1 million.
Technical Assistance Recipients: Applicants must be the recipients of the broadband technical assistance. Up to $7.5 million is available. The minimum award is $50,000. The maximum is $250,000.
Projects Supporting Cooperatives: Applicants must propose projects that support the establishment or growth of broadband cooperatives that will benefit rural communities. Up to $5 million is available. The minimum award is $50,000. The maximum is $1 million.
Final Agenda For FCC’s April 20th Open Meeting
April 13, 2023 – The Federal Communications Commission has released the final agenda for its April 20, 2023 open meeting:
Promoting Efficient Use of Spectrum and Opportunities for New Services – The Commission will consider a Policy Statement intended to help guide Commission decision-making and stakeholder action to promote efficient co-existence between incumbent and new services. The Policy Statement promotes a balanced and comprehensive approach to spectrum management that holistically considers both transmitter and receiver components of wireless systems. (ET Docket No. 23-122)
Review of International Section 214 Authorizations to Assess Evolving Risks – The Commission will consider an Order and Notice of Proposed Rulemaking that would take another important step to protect the nation’s telecommunications infrastructure from threats in an evolving national security and law enforcement landscape by proposing comprehensive changes to the Commission’s rules that allow carriers to provide international telecommunications service pursuant to section 214 of the Communications Act of 1934, as amended (Act). (IB Docket No. 23-119)
Facilitating Satellite Broadband Competition – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would revise rules for spectrum sharing among new satellite broadband constellations. The rule revisions would clarify protection obligations between non-geostationary satellite orbit, fixed-satellite service systems to facilitate the deployment of these next generation systems, including new competitors. (IB Docket No. 21-456)
Updating the Frequency Allocation Table – The Commission will consider an Order to make updates to the International Allocation Table to reflect the International Telecommunication Union Radio Regulations (Edition of 2020) and make other non-substantive, editorial revisions. The Commission will also consider a Notice of Proposed Rulemaking that would seek comment on implementing certain of the remaining radiofrequency allocation decisions from the 2015 World Radiocommunication Conference. The NPRM would propose allocation changes and related updates to service rules. (OET Docket Nos. 23-121 and 23-120)
Improving Wireless Emergency Alerts – The Commission will consider a Further Notice of Proposed Rulemaking that would increase the accessibility, performance, and functionality of Wireless Emergency Alerts, including greater accessibility for people with disabilities and through multilingual alerting. (PS Docket Nos. 15-91, 15-94)
Updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage – The Commission will consider a Second Report and Order, which would modify its Access Stimulation Rules to close a perceived loophole exploited by opportunistic access-stimulating entities to continue to inflate access charges paid by interexchange carriers. The Order would make this inefficient practice less attractive to arbitrageurs and help prevent interexchange carriers’ end-user customers from bearing costs for services they may not even use. (WC Docket No. 18-155)
Removing Obsolete Analog-Era Provisions from Part 74 Rules – The Commission will consider an Order that would amend its Part 74 rules for low-power television and television translators to remove obsolete rules for analog TV operations. (MB Docket No. 03-185)
House Communications And Technology Subcommittee Announces April 19 Hearing On Broadband Issues
April 12, 2023 – The House Energy and Commerce Committee’s subcommittee on Communications and Technology has announced it will hold a hearing on Wednesday, April 19, 2023 titled “Breaking Barriers: Streamlining Permitting to Expedite Broadband Deployment.” The hearing will focus on bringing broadband to Americans across the U.S. The hearing will be open to the public and streamed live online. The subcommittee will also consider proposed legislation covering broadband issues.
Consumers’ Research Files Another Petition For Review Of The USF Contribution Factor
April 7, 2023 – Consumers’ Research, Cause Based Commerce, Inc., and 12 individuals have filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit challenging the FCC’s proposed universal service fund (USF) contribution factor for the second quarter of 2023. The Consumers’ Research group filed comments and objections to the 2Q 2023 contribution factor prior to filing the legal challenge.
The petition for review filed at the D.C. Circuit is similar to others currently being considered by the Sixth Circuit (challenging the USF contribution factor for the 4Q 2021; Case Number 21-3886 (filed September 30, 2021)) and the Eleventh Circuit (challenging the USF contribution factor for the 4Q 2022; Case Number 22-13315 (filed October 3, 2022)). A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit recently issued a unanimous opinion denying Consumers’ Research’s non-delegation doctrine challenge to the USF and the way it is funded and administered by the FCC. The D.C. Circuit petition for review is captioned Consumers’ Research v. FCC., case number 23-1091 (filed Apr. 3, 2023).
FCC To Officially Establish New Space Bureau & Office Of International Affairs On April 11th
April 7, 2023 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced that the FCC will officially establish its new Space Bureau and Office of International Affairs on April 11th with an event at 3:00 pm ET at the FCC headquarters in Washington D.C. The new Space Bureau and Office of International Affairs are being created through a reorganization of the FCC’s International Bureau. The FCC has provided the following details on the mission and duties of the Space Bureau and Office of International Affairs:
The Space Bureau (SB) will promote a competitive and innovative global communications marketplace by leading policy and licensing matters related to satellite and space-based communications and activities. Among its responsibilities, the Bureau will lead complex policy analysis and rulemakings; authorize satellite and earth station systems used for space-based services; streamline regulatory processes to provide maximum flexibility for operators to meet customer needs; and foster the efficient use of scarce spectrum and orbital resources. The Bureau will also serve as the FCC’s focal point for coordination with other U.S. government agencies on matters of space policy and governance, and collaborate with the Office of International Affairs for consultations with other countries, international and multilateral organizations, and foreign government officials that involve satellite and space policy matters.
The Office of International Affairs (OIA) will be responsible for the Commission’s engagement of foreign and international regulatory authorities, including multilateral and regional organizations. OIA will also facilitate through rulemaking and licensing the Commission’s development of policies regarding international telecommunications facilities and services as well as submarine cables, and advise the Commission on foreign ownership issues. In undertaking these functions, OIA will implement Commission policies to facilitate competition and foreign investment in U.S. international telecommunications markets while ensuring, in consultation with relevant federal partners, that national security, law enforcement, foreign policy, and trade policy concerns are addressed. OIA also will be responsible for intergovernmental leadership, negotiation, and international and inter-agency representational functions. OIA will oversee and coordinate the FCC’s global participation in international and multilateral conferences, regional organizations, cross-border negotiations and international standard setting efforts. OIA will also oversee bilateral meetings with other countries and foreign government officials.
Mergers & Acquisitions: Yellowhammer Networks Acquiring BroadLife Communications’ Alabama RDOF Support & Obligations
April 7, 2023 – The FCC’s Wireline Competition Bureau is seeking public comment on s Section 214 application filed by BroadLife Communications, Inc. and Yellowhammer Networks, LLC requesting consent for the transfer of certain assets from BroadLife to Yellowhammer. The transaction involves the assignment and Yellowhammer’s assumption of BroadLife’s Rural Digital Opportunity Fund (RDOF) support obligations in certain Alabama census blocks and right to receive corresponding RDOF support. Additionally, the Bureau is seeking comment on Yellowhammer’s petition for designation as an eligible telecommunications carrier in census blocks in Alabama where BroadLife is authorized to receive RDOF support. Comments are due on or before April 21, 2023, and reply comments are due April 28, 2023. Comments on the transfer of control application must reference WC Docket No. 23-23. Pleadings for the ETC Petition must reference WC Docket Nos. 09-197 and 23-23.
BroadLife, a Delaware corporation, describes itself as a “developer and potential provider of broadband Internet access service over fiber-based networks.” BroadLife is an ETC that is authorized to receive $26,461,542 in RDOF support over ten years to provide service to 7,483 locations in Alabama. However, BroadLife does not currently offer any telecommunications services in the RDOF census blocks.
Yellowhammer is a Delaware limited liability company. Yellowhammer and its affiliates are infrastructure development companies that do not currently offer domestic telecommunications services. Yellowhammer is held by private equity funds Meridiam Infrastructure North America Fund III, LP and its parallel funds (collectively, Meridiam Fund III), and thus held indirectly through limited partnership and limited liability company interests by numerous investors. Meridiam Fund III and all its subsidiaries, including Yellowhammer, are managed by Meridiam Infrastructure North America Corporation, a Delaware corporation. Yellowhammer is ultimately controlled Thierry Déau, the President of Meridiam, a citizen of France.
Pursuant to an Assignment and Assumption Agreement, and subject to FCC consent of the Section 214 application and the Yellowhammer ETC Petition, BroadLife has agreed to assign to Yellowhammer:
RDOF support that BroadLife has received and will have received prior to the consummation of the transaction, net of state and federal income taxes owed on RDOF support BroadLife received in 2022;
BroadLife’s entitlement to receipts of all future RDOF support; and
All of BroadLife’s obligations associated with the receipt of RDOF support for the Alabama RDOF locations.
The proposed transaction would involve the exchange and assumption of Universal Service Fund high-cost mechanism obligations. As a result, the parties’ Section 214 application has been accepted for non-streamlined processing in order for the Wireline Bureau to sufficiently analyze whether the parties’ proposed transaction would serve the public interest. Additional information is available from the Bureau’s Public Notice and the parties’ Section 214 application and supplement.
FCC Announces Final List Of Entities Selected For The Affordable Connectivity Pilot Programs
April 6, 2023 – The FCC’s Wireline Competition Bureau has announced the 34 entities selected for the Affordable Connectivity Program (ACP) Pilot Programs. There are two ACP Pilot Programs which are intended to provide outreach and application assistance to eligible households: (1) the Your Home, Your Internet Pilot Program, which is focused on ACP outreach and application support to recipients of federal housing assistance; and (2) the ACP Navigator Pilot Program, which provides selected entities access to the National Verifier to help low-income households complete and submit their ACP application. Appendix A to the Public Notice lists the entities selected for the Your Home, Your Internet Pilot Program. Appendix B to lists the entities selected for the ACP Navigator Pilot Program.
Alluvion Communications & Fond du Lac Withdraw From CAF II; FCC To Begin Clawing Back CAF II Support From The Two Defaulted Carriers
April 4, 2023 – The FCC’s Wireline Competition Bureau has released a Public Notice announcing that Gila Local Exchange Carrier, Inc. d/b/a Alluvion Communications, Inc. and Fond du Lac Communications, Inc. have notified the FCC of their decisions to withdraw from the Connect America Fund (CAF) Phase II auction support program.
In 2020, Alluvion Communications was authorized to receive a total of $104,499.00 in CAF II support over a 10-year term to offer voice and broadband service to 29 locations in Arizona, while Fond du Lac was authorized to receive a total of $55,010.80 in CAF II support over a 10-year term to offer voice and broadband service to 13 locations in Minnesota.
Gila Local and Fond du Lac, in December 2022 and March 2023, respectively, notified the FCC that they are defaulting on their CAF II service obligation milestone, which resulted in the Bureau directing the Universal Service Administrative Company (USAC) to suspend the two providers’ future CAF II support payments. In the Public Notice, the Wireline Bureau has officially designated Alluvion Communications and Fond du Lac as having defaulted on their CAF Phase II auction service milestones. Accordingly, the Bureau also has directed USAC to recover CAF Phase II support from the two carriers pursuant to the FCC’s rules.
USDA Announces $40 Million In ReConnect Funding In New Mexico
April 3, 2023 – The U.S. Department of Agriculture (USDA) has announced $40 million in ReConnect Program funding has been awarded in rural areas of New Mexico. The $40 million in grants are being provided to three broadband projects under the fourth funding round of the ReConnect Program. USDA has provided the following details on the awards:
The Western New Mexico Telephone Company Inc. is receiving a $23.8 million grant to deploy a fiber-to-the-premises network to provide high-speed internet access to people in Catron County. The company will make high-speed internet affordable by participating in the Federal Communications Commission’s (FCC) Lifeline and Affordable Connectivity Programs (ACP). It also will provide a $34.99 monthly plan with 75 megabits per second upload and download speeds for subscribers within the project area who are enrolled in the ACP.
The E.N.M.R. Telephone Cooperative is receiving a $2.6 million grant to deploy a fiber-to-the-premises network to provide high-speed internet access to people in De Baca, Guadalupe, Harding, Quay, San Miguel, Socorro and Union counties. E.N.M.R. will make high-speed internet affordable by participating in the FCC’s Lifeline and Affordable Connectivity Programs. This project will serve socially vulnerable communities in De Baca, Guadalupe, San Miguel and Socorro counties.
The Peñasco Valley Telephone (PVT) Cooperative is receiving a $13.9 million grant to deploy a fiber-to-the-premises network to provide high-speed internet access to 550 people, 48 farms and 11 businesses in Chaves, Eddy, Otero and Lincoln counties. PVT will make high-speed internet affordable by participating in the FCC’s Affordable Connectivity Program (ACP). PVT also offers a program that can provide free internet for households participating in the ACP. This project will serve socially vulnerable communities in Chaves, Eddy and Otero counties.
FCC Announces Procedures For ILECs’ 2023 Annual Access Charge Tariff Filings
April 3, 2023 – The FCC’s Wireline Competition Bureau has issued an Order establishing procedures for the 2023 filing of annual access charge tariffs and tariff review plans (TRPs) for incumbent local exchange carriers (LECs) subject to price cap regulation, as well as rate-of-return incumbent LECs subject to sections 61.38, 61.39, and 61.50 of the FCC’s rules. Specifically, the Bureau’s Order sets the following procedures and deadlines:
(1) Sets an effective date of July 1, 2023 for 2023 annual access charge tariff filings submitted on 15-days’ notice;
(2) Sets a modified effective date of July 3, 2023 for 2023 annual access charge tariff filings submitted on 7-days’ notice pursuant to a limited waiver;
(3) Establishes the dates for filing petitions to suspend or reject an incumbent LEC’s tariff filing and replies to such petitions;
(4) Addresses service of the petitions and replies; and
(5) Reminds carriers that the FCC adopted new tariff filing fees which took effect on March 2, 2023.
University of Kansas Institute for Policy & Social Research Releases Broadband In Kansas Report
April 1, 2023 – The University of Kansas Institute for Policy & Social Research (IPSR) has released a report titled “Broadband in Kansas: The Challenges of Digital Access and Affordability.” IPSR received funding under the CARES Act to study broadband access in the state of Kansas. To compile the report, IPSR “examined existing data, fielded [its] own survey of broadband speeds and access, conducted focus groups, and commissioned a chapter on the digital divide within the state of Kansas.” A few of the key findings in the report include the following:
The report indicates a rural-urban digital divide in terms of access, affordability, and satisfaction with broadband services. Kansans living outside of cities pay more for slower service than Kansans living in cities.
The data in the report indicate that up to 1,000,000 Kansans live in regions that lack access to high-speed broadband services, now considered to be 100 megabits per second (Mbps) download and 20 Mbps upload (100/20).
Close to half of survey respondents (46%) report dissatisfaction with broadband services.
