News Update - June 2023
FCC Robocall Response Team Reminds All IP-Based Voice Service Providers Of June 30, 2023 STIR/SHAKEN Deadline
June 30, 2023 – The Federal Communications Commission’s Robocall Response Team has issued a News Release announcing that all IP-based voice service provider networks are required to implement STIR/SHAKEN to defend against spoofed robocalls. STIR/SHAKEN is defined as caller ID authentication standards that “serve as a common digital language used by phone networks, allowing valid information about a call to pass from provider to provider which, among other things, informs blocking tools of possible suspicious calls by making it easier to detect spoofed calls.” The FCC has applied the following deadlines to U.S. voice communications networks for implementing the STIR/SHAKEN standards:
Largest Voice Service Providers – by June 30, 2021.
Non-Facilities-Based Small Providers – by June 30, 2022.
Facilities-Based Small Providers – by June 30, 2023.
Gateway Providers – by June 30, 2023.
Intermediate Providers – under FCC rules passed in March, intermediate providers that receive unauthenticated IP calls directly from domestic originating providers must use STIR/SHAKEN to authenticate those calls by December 31, 2023.
Non-IP Networks – the FCC opened a proceeding to consider ways to implement caller ID authentication on non-IP networks, which cannot implement STIR/SHAKEN.
Fifth Circuit Grants Petition For Rehearing En Banc In Consumers’ Research v. FCC Universal Service Fund Challenge
June 29, 2023 – The U.S. Court of Appeals for the Fifth Circuit has granted a Petition For Rehearing En Banc in Consumers’ Research v. FCC. In March 2023, a three-judge panel of the Court issued a unanimous opinion in favor of the FCC. Consumers’ Research thereafter requested the case be reheard en banc. By granting the Petition, the Fifth Circuit has vacated the March 2023 decision. At a later date, the Court will announce the schedule for oral argument and the filing of supplemental briefs.
FCC Announces Tentative Agenda For July 20th Open Meeting
June 29, 2023 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s open meeting scheduled for Thursday, July 20, 2023:
Enhancing Support for Connectivity in Tribal Communities – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking which would adopt rules to enhance Tribal communities’ access to the E-Rate program by streamlining certain program rules, making Tribal college and university libraries eligible for E-Rate support, and reducing administrative burdens in the program. The Commission will also seek comment on ways to further improve and simplify program rules for all E-Rate applicants. (CC Docket Nos. 02-6, 96-45, 97-21)
Ensuring the Reliability and Resiliency of the 988 Suicide & Crisis Lifeline – The Commission will consider a Report and Order to ensure that when there is a communications service outage that potentially affects people’s ability to reach the 988 Lifeline, the Commission and those who provide life-saving 988 crisis intervention services receive timely and actionable information. (PS Docket Nos. 23-5, 15-80; WC Docket No. 18-336)
Preserving Local Radio Programming – The Commission will consider a Report and Order allowing a limited group of existing channel 6 low power television stations to continue to provide analog FM radio service as an ancillary or supplementary service under specified rules. (MB Docket No. 03-185)
Enforcement Bureau Action – The Commission will consider an enforcement action.
NTIA Releases BEAD Program’s State Funding Allocations
June 26, 2023 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has released the Broadband, Equity, Access, and Deployment (BEAD) Program’s funding allocations to all 50 states, the District of Columbia, and five U.S. territories. A list of the BEAD funding allocations by state is available on NTIA’s press release. Each state and territory will use funding from the $42.45 billion BEAD Program to administer programs that award grants to deploy affordable, reliable high-speed broadband Internet service to everyone in America. States and territories will receive a formal notice of allocation on June 30, 2023. They will then have 180 days to submit their Initial Proposals describing how they propose to run their grant programs. Initial Proposals may be submitted starting on July 1, 2023. Once NTIA approves an Initial Proposal, which will occur on a rolling basis, states and territories will be permitted to request access to at least 20 percent of their allocated funds. Below are the allocations for every state and territory, ranked by total funding:
FCC Announces July 13th Workshop On Opportunities And Challenges Of Artificial Intelligence For Communications Networks And Consumers
June 20, 2023 – The Federal Communications Commission (FCC) has announced it will hold a workshop with the National Science Foundation on Opportunities and Challenges of Artificial Intelligence for Communications Networks and Consumers. The workshop will be held on July 13, 2023, from 9:00 am to 12:30 pm, EDT, in the FCC’s Commission Meeting Room at the FCC Headquarters, 45 L Street, NE, Washington, DC. It also will be streamed live online at the FCC’s web page at www.fcc.gov/live.
FCC Chairwoman Jessica Rosenworcel will open the workshop with a speech, followed by remarks from NSF Director Dr. Sethuraman Panchanathan and FCC Commissioner Nathan Simington. Dr. Margaret Martonosi, Assistant Director for Computer and Information Science and Engineering (CISE) at NSF, will provide a keynote speech. The workshop will then continue with two panels: (1) AI’s Dramatic Impact on Communications Networks and Technologies; and (2) AI as a Tool and Challenge for Consumer Empowerment. The announcement contains the following description of the workshop:
This half-day workshop will convene a diverse array of stakeholders—network operators and vendors, leading academics, federal agencies, and public-interest representatives—to discuss the promise and challenge of artificial intelligence (AI) in the telecommunications and technology sectors. The workshop will cover a wide range of issues, including AI’s transformative potential to optimize network traffic; improve spectrum policy and facilitate sharing; and enhance resiliency through self-healing networks. The workshop will also explore how AI will affect the fight against illegal robocalls and robotexts; efforts to foster digital equity and combat discrimination; and initiatives to bring greater transparency and affordability to broadband access.
FCC Chairwoman Circulates Order On High-Cost USF Support
June 16, 2023 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced that she has circulated an item to the other FCC Commissioners on high-cost universal service fund (USF) support. According to the FCC news release, the item contains an order which would create an Enhanced Alternative Connect America Cost Model (A-CAM) program requiring the deployment of 100/20 Mbps or faster broadband service to all locations served by the program. The order also would provide an opportunity for rate-of-return carriers that receive legacy USF high-cost support to deploy 100/20 Mbps broadband service to their locations in return for a term of stable support.
The item also contains a “rulemaking and inquiry” that would seek public comment “on further reforms to the legacy rate-of-return system and methods for modifying the Universal Service Fund’s high-cost program to support ongoing expenses for broadband networks, particularly those built with capital funds from the Bipartisan Infrastructure Law and other recent federal and state efforts.”
NTIA Awards $930 Million In Middle Mile Grants
June 16, 2023 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has announced it has awarded $930,021,354.34 in middle mile grant funds. NTIA’s $1 billion Middle Mile program funds construction, improvement, or acquisition of middle mile infrastructure that does not directly connect end-user locations. The awards will fund middle mile projects covering over 350 counties across 35 states and Puerto Rico. NTIA’s grants range from $2.7 million to $88.8 million, with an average award amount of $26.6 million. In total, the awarded projects will deploy over 12,000 miles of new fiber that will pass within 1,000 feet of 6,961 community anchor institutions. Information on the awardees and their projects is available here.
House Communications & Technology Subcommittee Schedules FCC Oversight Hearing
June 16, 2023 – The House Energy and Commerce Committee’s Communications and Technology Subcommittee has scheduled a Federal Communications Commission (FCC) oversight hearing for June 21, 2023. All FCC Commissioners are set to testify. The hearing is schedule to begin at 10:30 am.
DISH Network 5G Now Available to Over 70 Percent Of U.S. Population
June 15, 2023 – DISH Network Corporation has announced that its 5G wireless service is now available to over 70 percent of the U.S. population, fulfilling its commitment to the FCC. DISH also announced it has satisfied its other June 14, 2023 FCC commitments: at least 15,000 5G Sites deployed, and at least 30 MHz of DISH’s downlink 5G spectrum averaged over all DISH 5G Sites deployed nationwide. DISH became a nationwide mobile wireless provider following the T-Mobile / Sprint merger and the combined entity’s divestiture of spectrum, prepaid wireless businesses, cell sites, and physical assets to Dish. Thereafter, the FCC’s Wireless Telecommunications Bureau modified the license terms and construction deadlines for various spectrum licenses held by DISH, and added certain obligations to provide 5G services using the spectrum.
FCC Chairwoman Wants Notice Of Inquiry On Broadband Data Caps
June 15, 2023 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced she will ask her fellow FCC Commissioners to support a formal Notice of Inquiry on broadband data caps. The Notice of Inquiry is intended to help the FCC understand how broadband providers use data caps on consumer plans; the current state of data caps, how broadband data caps impact consumers; how consumers are informed about data caps on service offerings; how data caps impact competition; the FCC’s legal authority to take actions regarding data caps; and whether the FCC should consider taking action to ensure that data caps do not cause harm to competition or consumers’ ability to access broadband Internet services. Ahead of the Notice of Inquiry, the FCC has created a portal for consumers to share information on how data caps have affected them and their broadband service. The new portal is available online.
USF Contribution Factor For Third Quarter Of 2023: 29.2 Percent
June 14, 2023 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the third quarter of 2023 will be 29.2 percent. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. The 29.2 percent USF contribution factor for 3Q 2023 is minute increase from the 29 percent contribution factor from last quarter.
For the third quarter of 2023, the Universal Service Administrative Company (USAC) projects $8.534206 billion in total interstate and international end-user telecommunications revenues will be collected ($8.761743 billion was collected for 2Q 2023). USAC estimates that $1.912440 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the third quarter of 2023 (the 2Q 2023 demand was $1.951900 billion).
Total third quarter 2023 demand includes projected program support, administrative expenses, and true-ups and adjustments, which breaks out among the USF support mechanisms as follows:
E-Rate Schools & Libraries: $586.77 million (2Q 2023 was $609.15 million)
Rural Health Care: $66.17 million (2Q 2023 was $159.36 million)
High-Cost: $1.04415 billion (2Q 2023 was $972.91 million)
Lifeline: $206.97 million (2Q 2023 was $202.05 million)
Connected Care: $8.38 million (2Q 2023 was $8.43 million)
FCC Creates Privacy And Data Protection Task Force
June 14, 2023 – FCC Chairwoman Rosenworcel has announced that the FCC has created a new Privacy and Data Protection Task Force. FCC Enforcement Bureau Chief Loyaan A. Egal will lead the task force, with other members pulled from FCC staff from across the agency. The new task force will coordinate across the agency on the rulemaking, enforcement, and public awareness needs in the privacy and data protection sectors, while focusing on data breaches and supply chain vulnerabilities involving third-party vendors that service regulated communications providers. Additional information on the task force is available at www.fcc.gov/privacy-and-data-protection-task-force.
Music Publishers Sue Twitter For Copyright Infringement
June 14, 2023 – A group of 17 music publishers has filed a copyright infringement suit against Twitter in the U.S. District Court For The Middle District Of Tennessee, Nashville Division (Case 3:23-cv-00606). The complaint alleges three claims: direct copyright infringement, contributory infringement, and vicarious infringement. The plaintiff music publishers allege that prior to and after Twitter was purchased by Elon Musk, “Twitter has engaged in, knowingly facilitated, and profited from copyright infringement, at the expense of music creators, to whom Twitter pays nothing.” The Plaintiffs allege that unlike other popular social media platforms such as TikTok, Facebook, Instagram, YouTube, and Snapchat, Twitter has failed to enter into “proper licenses and agreements for the use of musical compositions on [its] platforms.” They further allege “Twitter consistently and knowingly hosts and streams infringing copies of musical compositions,” and “also routinely continues to provide specific known repeat infringers with use of the Twitter platform, which they use for more infringement.” The music publishers are seeking statutory damages of up to $150,000 per work infringed (for a total of more than $250 million in damages), and injunctive relief prohibiting Twitter from infringing any of Publishers’ exclusive rights in copyrighted works.
RUS Announces $714 Million In ReConnect Awards In 19 States
June 12, 2023 – The U.S. Department of Agriculture (USDA) has announced $714 million in ReConnect Program awards in 19 states for the deployment of reliable, affordable high-speed broadband internet services. RUS’s ReConnect Program provides loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas. The awards are part of the program’s fourth funding round. The $714 million in awards are going to broadband providers in the following 19 states: Alaska, Arkansas, Arizona, California, Georgia, Idaho, Kansas, Kentucky, Minnesota, Missouri, Montana, New Mexico, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Utah and Washington. Information on each award is available here.
FCC NPRM Proposes Nationwide Transition To Next Generation 911 Networks
June 9, 2023 – The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking intended to advance the nationwide transition to Next Generation 911 (NG911) networks. According to the FCC, moving from Time Division Multiplexing (TDM)-based 911 networks to Internet Protocol (IP)-based NG911 networks will result in new capabilities, improved interoperability, and system resilience, and reduce costs vulnerabilities because 911 authorities will no longer have to maintain both legacy and IP networks. To hasten the transition to NG911 networks, the FCC propose three substantive changes:
The FCC proposes to require wireline, interconnected VoIP, and Internet-based TRS providers to complete all translation and routing to deliver 911 calls, including associated location information, in the requested IP-based format to an Emergency Services IP network (ESInet) or other designated point that allows emergency calls to be answered upon request of 911 authorities who have certified the capability to accept IP-based 911 communications. Wireline and interconnected VoIP providers would be subject to this requirement six months from the effective date of the IP service delivery requirement, or six months after a valid request for IP based service by a state or local 911 authority, whichever is later. Internet-based TRS providers would be subject to this requirement twelve months from the effective date of the IP service delivery requirement, or twelve months after a valid request for IP-based service by a state or local 911 authority, whichever is later.
The FCC proposes to require wireline, interconnected VoIP, CMRS, and Internet-based TRS providers to transmit all 911 calls to destination points in those networks designated by a 911 authority, including to a public safety answering point (PSAP), designated statewide default answering point, local emergency authority, ESInet, or other points designated by 911 authorities that allow emergency calls to be answered, upon request of 911 authorities who have certified the capability to accept IP-based 911 communications.
The FCC proposes that in the absence of agreements by states or localities on alternative cost recovery mechanisms, wireline, interconnected VoIP, CMRS, and Internet-based TRS providers must cover the costs of transmitting 911 calls to the point(s) designated by a 911 authority, including any costs associated with completing the translation and routing necessary to deliver such calls and associated location information to the designated destination point(s) in the requested IP-based format. States and localities would remain free to establish alternative cost allocation arrangements with providers, but in the absence of such arrangements, providers would be presumptively responsible for the costs associated with delivering traffic to the destination points identified by the appropriate 911 authority.
FCC Issues Final Agenda For June 8th Open Meeting
June 1, 2023 – The Federal Communications Commission has released the final agenda for its open meeting scheduled for Thursday, June 8, 2023. The meeting is set to begin at 10:30 a.m., and will be streamed live online at www.fcc.gov/live and on the FCC’s YouTube channel.
Advancing the Transition to Next Generation 911 – The Commission will consider a Notice of Proposed Rulemaking that would expedite the transition to NG911 and help ensure that the nation’s 911 system functions effectively and with the most advanced capabilities available. (PS Docket No. 21-479)
Strengthening Consumer Consent for Robocalls and Robotexts – The Commission will consider a Notice of Proposed Rulemaking proposing rules to strengthen the ability of consumers to decide which robocalls and robotexts they wish to receive by exercising their right to grant and revoke consent to callers. The item also proposes to codify the Commission’s past guidance on prior express consent to make these requirements more apparent to callers and consumers. (CG Docket No. 02-278)
Access to Video Conferencing – The Commission will consider a Report and Order that would find that the accessibility requirements of section 716 of the Act and Part 14 of the Commission’s rules apply to all services and equipment meeting the definition of “interoperable video conferencing service.” An accompanying Notice of Proposed Rulemaking would propose to amend Part 14 of the Commission’s Rules to enhance the accessibility of interoperable video conferencing services and explore whether the Interstate Telecommunications Relay Services Fund can be used to support the integrated provision of relay service in video conferences. (CG Docket Nos. 23-161, 10-213, and 03-123)
Shared Use of the 42-42.5 GHz Band – The Commission will consider a Notice of Proposed Rulemaking that would explore how spectrum in the 42 GHz band (42-42.5 GHz) might be made available through one of several innovative, non-exclusive spectrum access models which have the potential to provide solutions in this evolving space. (WT Docket No. 23-158; GN Docket No. 14-177)
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter.
USAC Files Data On Third Quarter 2023 USF Contribution Base: $8,534,205,926
June 1, 2023 – The Universal Service Administrative Company (USAC) has filed projected universal service fund (USF) contribution base data for the third quarter of calendar year 2023. The data will be used to determine the next USF contribution factor. For the third quarter of 2023, USAC has determined that the total projected collected interstate and international end user revenue base for the USF support mechanisms is $8,534,205,926. The 3Q contribution base data was calculated using projected revenue amounts for July - September 2023 reported by telecommunications service providers on their FCC Forms 499-Q which were due May 1, 2023. To provide a comparison, USAC’s total projected USF contribution base amounts for the first two quarters of 2023 and for 2022 were as follows:
Second Quarter 2023 – $8,761,742,607
First Quarter 2023 – $8,749,749,511
Fourth Quarter 2022 – $8,624,083,282
Third Quarter 2022 – $8,285,056,307
Second Quarter 2022 – $8,751,403,396
First Quarter 2022 – $9,235,845,776
For the third quarter of 2023, USAC received projected revenue data from 3,210 USF contributors who filed the February 2023 Form 499-Q. USAC estimated revenue data for 259 non-de minimis service providers that had previously submitted Form 499-Q information to USAC, but failed to make the latest filing. After the Federal Communications Commission (FCC) approves the total USF contribution base, the quarterly funding requirements for USF support mechanisms, and projected USF administrative costs, the FCC will establish a USF contribution factor for the third quarter of 2023. The new contribution factor will be announced by an FCC Public Notice. USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor.
FCC Announces Start Date For Performance Measures Testing For Rural Digital Opportunity Fund Support Recipients
June 1, 2023 – The FCC’s Wireline Competition Bureau has announced the broadband network speed and latency testing dates for Rural Digital Opportunity Fund (RDOF) support recipients. Specifically, for the carriers participating in RDOF, pre-testing will begin on January 1, 2025, and testing will begin on January 1, 2026.
In general, under the FCC’s Connect America Fund regime, broadband providers that receive high-cost universal service support must offer broadband service that meets certain basic performance requirements – speed and latency – in the areas where they receive that support. Testing is conducted from the premises of active subscribers to a remote test server located at, or reached by passing through, an FCC-designated Internet exchange point. Broadband providers undergo a pre-testing period prior to the actual testing start date in order to familiarize themselves with the process. During actual testing, providers whose broadband service fails to meet the minimum requirements will have universal service support withheld and be subject to additional reporting requirements.
In the Public Notice announcement, the Bureau has recommended that RDOF recipients review the FCC’s rules, the FCC’s Performance Measures Order, and the FCC’s Performance Measures Reconsideration Order. Additionally, USAC has published available resources online to assist broadband providers in preparing, timely submitting, and properly filing test results and certifications.
T-Mobile Fake Ringtone Class Action Lawsuit: Court Dismisses Civil Conspiracy Claim & Punitive Damages Claim
June 1, 2023 – The U.S. District Court for the Northern District Of Illinois, Eastern Division, has dismissed Craigville Telephone’s and Consolidated Telephone’s civil conspiracy count and claim for punitive damages against T-Mobile USA, Inc. T-Mobile filed a motion requesting the claims be dismissed following the Court’s February 2023 Order granting Inteliquent, Inc.’s motion for judgment on the pleadings and dismissing the civil conspiracy count pending against Inteliquent. The Court granted T-Mobile’s motion and dismissed the civil conspiracy and punitive damages claims for the same reasons outlined in the February 2023 Inteliquent Order.
In November 2019, Craigville Telephone Co. and Consolidated Telephone Co., two rural communications providers, filed a class action lawsuit against T-Mobile USA, Inc., and Inteliquent, Inc., for damages stemming from T-Mobile’s violation of the FCC’s rural call completion rules. They claimed T-Mobile “engaged in a scheme to perpetuate call connection issues for calls originating from cell phones and terminating to landline telephones located in certain rural areas, which they covered up by inserting false ring tones on the caller’s end.” The Court’s February 2023 Order dismissed the last remaining claim against Inteliquent, leaving T-Mobile as the only defendant.
FCC Vacates Treble Damages Forfeiture Methodology For Violations Of Payment Requirements
June 1, 2023 – The Federal Communications Commission has issued a Memorandum Opinion and Order that vacates the treble damages methodology used to determine forfeitures for violations of FCC’s rules establishing payment requirements for the Universal Service Fund (USF), Telecommunications Relay Service (TRS) Fund, Local Number Portability (LNP), North American Numbering Plan (NANP), and federal regulatory fees. The FCC’s order officially vacates the 2015 Forfeiture Policy Statement, and will enable the FCC to exercise discretion when issuing forfeiture penalties for USF, TRS, LNP, NANP, and regulatory fee payment violations by addressing the individualized circumstances of each future adjudication. Ultimately, the move will allow the FCC to apply factors in Section 503(b)(2)(E) of the Communications Act, the FCC’s 1997 Forfeiture Guidelines Order, and Section 1.80 of the FCC’s rules, and conclude that individual circumstances warrant forfeitures that are higher than forfeitures calculated using the treble damages methodology.
