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News Update - December 2024

FCC Announces Additional Funding For Secure And Trusted Communications Networks Reimbursement Program

December 26, 2024 – The FCC’s Wireline Competition Bureau has announced that the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which was recently passed by Congress, authorizes the FCC “to borrow up to $3.08 billion from the Treasury Department to fully fund the Secure and Trusted Communications Networks Reimbursement Program.” The 2025 NDAA does not make any changes to the requirements, processes, or procedures for the Reimbursement Program. According to the Bureau’s Public Notice, the FCC “will take quick steps to secure the additional funding through the borrowing authority granted by Congress.”


FCC Announces Tentative Agenda For Open Meeting On January 15, 2025

December 23, 2024 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the tentative agenda for the FCC’s next open meeting scheduled for Wednesday, January 15, 2025. The agenda consists of the following presentations led by senior FCC staff:

Panel One – The Commission will hear presentations on the agency’s work on expanding connectivity and access to modern communications.

Panel Two – The Commission will hear presentations on the agency’s work on making communications more just for more people in more places.

Panel Three – The Commission will hear presentations on the agency’s work on national security, public safety, and protecting consumers.

Panel Four – The Commission will hear presentations on the agency’s work on the future of communications.


USDA Announces ReConnect Program Funding Totaling Over $313 Million In 18 States

December 18, 2024 – U.S. Department of Agriculture (USDA) Secretary Tom Vilsack has announced more than $313 million in ReConnect Program funding for broadband projects in 18 states. The funding awards are part of the fifth round of USDA’s ReConnect Program, and will be used to provide high-speed internet services in Alabama, Alaska, Arizona, Arkansas, California, Georgia, Idaho, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, Ohio, Oregon, Texas, Washington and Wisconsin. With the announcement, a total of 24 broadband projects received funding – $215,358,764 in grants, $97,973,602 in loans, for a grand total of $313,332,366.


FCC Announces Opening Of Sixth Broadband Data Collection Filing Window On January 2, 2025 & Release Of Updated Broadband Fabric

December 16, 2024 – The FCC’s Broadband Data Task Force has announced that the sixth Broadband Data Collection (BDC) filing window for submitting broadband availability data as of December 31, 2024, will open on January 2, 2025. Broadband Data Task Force also has announced that the December 2024 update of the Broadband Serviceable Location Fabric (Fabric) is available to existing Fabric licensees in advance of the opening of the broadband availability data filing window. Facilities-based broadband service providers must submit data specifying where they made mass-market broadband Internet access service available as of December 31, 2024. Facilities-based broadband service providers and providers of fixed and mobile voice services must also submit their December 31, 2024, subscription data required under Form 477 into the BDC system. All availability and subscription data must be submitted no later than March 3, 2025.


FCC Releases 2025 Reasonable Comparability Benchmarks For Fixed Voice And Broadband  Services

December 13, 2024 – The FCC’s Wireline Competition Bureau and the Office of Economics and Analytics have announced the 2025 reasonable comparability benchmarks for fixed voice and broadband services for eligible telecommunications carriers (ETCs) that receive universal service support and are subject to broadband public interest obligations.

Voice Rates – The reasonable comparability benchmark for voice services is $55.55. This is two standard deviations above the 2025 urban average monthly rate of $30.67. Each ETC providing fixed voice services must certify in its FCC Form 481 that the pricing of its basic residential voice services is no more than $55.55.

Broadband Rates – The reasonable comparability broadband benchmark varies, depending upon the supported service’s download and upload bandwidths and usage allowance. To facilitate benchmark calculations, the Office of Economics and Analytics will post an Excel file with a tool in which providers can enter the relevant variables to determine the benchmark for specific service characteristics.

Minimum Usage Allowance – For rate-of-return carriers receiving model-based support, the Bureau adopts a minimum monthly usage allowance of 720 GB for 2025. For carriers receiving support from the Rural Digital Opportunity Fund (RDOF), the minimum usage allowance is either (i) the greater of 250 GB or the average usage calculated by the Bureau for the Minimum and Baseline tiers, or (ii) 2 Terabytes (TB) for the Above-Baseline and Gigabit tiers. For ETCs not subject to the 2 TB minimum usage allowance, the reasonable minimum monthly usage allowance for 2025 is 720 GB.


USAC Releases New Connect America Fund State Map

December 13, 2024 – The Universal Service Administrative Company (USAC) has released a new Connect America Fund State Map (CAF State Map) that “displays total broadband deployment obligations by location count, total cumulative deployment reported so far by location count and total cumulative funding paid out to date – all on a state-by-state basis – by aggregating data for all carriers participating in the Connect America Fund in each state.” USAC has also launched the new CAF Locations Obligation and Deployment by Speed Tier Search Tool to display details at the Study Area Code (SAC) level about the number of locations that broadband providers have deployed with CAF support at each obligated speed tier and reported to USAC, and the total number of locations that carriers must deploy at each speed tier by the end of the program. USAC’s maps and tools are available on the tools page of the High Cost program site and on the High Cost tools section of the USAC Open Data site.


Another New Record! USF Contribution Factor For First Quarter Of 2025 – 36.3 Percent

December 12, 2024 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the first quarter of 2025 will be 36.3 percent. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved.

The 36.3 percent contribution factor for 1Q 2025 sets a new record, beating the previous all-time high of 35.8 percent during 4Q 2024. There has now been an increase to the USF contribution factor for three consecutive quarters (2Q 2024 – 32.8%; 3Q 2024 – 34.4%; 4Q 2024 – 35.8%; 1Q 2025 – 36.3%). Historical information on quarterly universal service fund contribution factors is available online from the FCC.

For the first quarter of 2025, the Universal Service Administrative Company (USAC) projects $8.176992 billion in total interstate and international end-user telecommunications revenues will be collected ($7.972750 billion in collections were projected for 4Q 2024). USAC estimates that $2.161100 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the first quarter of 2025 (the 4Q 2024 demand was estimated at $2.084640 billion). Total first quarter 2025 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:  $657.15 million (4Q 2024 was $666.28 million)

  • Rural Health Care:  $129.50 million (4Q 2024 was $150.05 million)

  • High-Cost:  $1.08640 billion (4Q 2024 was $1.06994 billion)

  • Lifeline:  $288.05 million (4Q 2024 was $198.37 million)


North Alabama Electric Cooperative Wants Waiver Of RDOF Default Penalties

December 12, 2024 – North Alabama Electric Cooperative has filed a petition waiver requesting the FCC waive the Rural Digital Opportunity Fund (RDOF) default penalties. NAEC defaulted on its winning RDOF bids for five census block groups (CBGs) while maintaining 21 other CBGs for which it won RDOF support. In its waiver petition, NAEC claims “good cause and special circumstances exist to reduce the penalties associated with NAEC’s early surrender of five of the 26 CBGs where it was awarded funding because: (1) NAEC’s earlier surrender has allowed these areas to be eligible for other federal and Alabama broadband funding; (2) the surrender will ensure that RDOF funds are not spent to duplicate construction in areas that are or will be substantially served by ongoing initiatives of other broadband providers, thereby conserving limited universal service support and enabling the Commission to redirect limited funds to where they are needed most; and (3) the millions of dollars in penalties that NAEC would otherwise face for its surrender of five CBGs early on in the buildout phase of the program is neither reasonable nor proportionate to the harm caused by the default, and if imposed will strain NAEC’s ability to meet it buildout and service commitments for the remaining 21 CBGs that it was awarded.”


FCC Requires Over 2,400 Voice Service Providers To Cure Deficiencies In Their Robocall Mitigation Database Certifications

December 10, 2024 – The FCC’s Enforcement Bureau has issued an Order that directs over 2,400 voice service providers to cure the deficiencies in their Robocall Mitigation Database (RMD) certifications, and notify the Enforcement Bureau that the deficiencies have been cured or file a response explaining why their certifications should not be removed from the RMD. According to the Enforcement Bureau, each company’s RMD certification is deficient because (a) a robocall mitigation plan was not provided or the plan lacks newly-required information; and (b) the certification lacks newly-required information. If a company’s RMD certification is removed, all intermediate providers and voice service providers will be prohibited from accepting traffic from the company. Each of the over 2,400 voice service providers must provide a response to the Bureau no later than 14 days after a summary of the Order is published in the Federal Register.


Commnet Wireless Defaults On Two RDOF Census Block Groups In Idaho & Washington

December 9, 2024 – Commnet Wireless, LLC has notified the FCC’s Wireline Competition Bureau that it is defaulting on Rural Digital Opportunity Fund (RDOF) support for two Census Block Groups (“CBGs”), one each in Idaho and Washington. Commnet Wireless was awarded RDOF support to provide Above Baseline Internet service in each of the Idaho and Washington CBGs. Commnet Wireless has decided to default on the two CBGs because the deployment costs have increased dramatically, and as a result of that and other factors, its “planned RDOF deployment projects in these CBGs are not viable.”


FCC Chair Circulates Declaratory Ruling On CALEA Cybersecurity Requirements & NPRM On Cybersecurity Risk Management Plans

December 5, 2024 – Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel has circulated to her fellow commissioners a draft Declaratory Ruling that if adopted, would declare that Section 105 of Communications Assistance for Law Enforcement Act (CALEA) affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications. Accompanying the Declaratory Ruling is a Notice Of Proposed Rulemaking (NPRM) that seeks comment on implementing an annual certification requirement for communications service providers to create, update, and implement cybersecurity risk management plans and annual certify compliance with these plans to the FCC. The NPRM also requests public comment on expanding cybersecurity requirements across a range of communications providers, and identifying additional ways to enhance cybersecurity defenses for communications systems. According to the FCC, both items are an effort to address vulnerabilities in U.S. telecommunications networks that were exposed following the Salt Typhoon cyberattack, a sophisticated intrusion linked to foreign state-sponsored actors.


Final Agenda For FCC Open Meeting On December 11, 2024

December 4, 2024 – The Federal Communications Commission has released the final agenda for its next open meeting set for Wednesday, December 11, 2024.

Expanding Unlicensed Use of the 6 GHz Band – The Commission will consider a Third Report and Order that would expand unlicensed use of the 6 GHz band by very low power devices in two additional sub-bands, making a contiguous 1200 megahertz of spectrum available for use by these devices. (ET Docket No. 18-295; GN Docket No. 17-183)

Broadcast Rule Update – The Commission will consider a Notice of Proposed Rulemaking that would amend its rules for radio and television stations to reflect current application processing requirements, clarify and harmonize provisions, and remove references to outdated procedures and legacy filing systems. (MB Docket No. 24-626)

Facilitating Broadband Buildout – The Commission will consider a Report and Order that would adopt targeted modifications to the requirements for Letters of Credit that recipients of Universal Service Fund (USF) high-cost support awarded through a competitive process must obtain. (WC Docket Nos. 10-90, 18-143, 19-126, 24-144; AU Docket Nos. 17-182, 20-34; GN Docket No. 20-32)

Enforcement Order on Reconsideration – The Commission will consider an Order on Reconsideration of its March 19, 2024, Memorandum Opinion and Order in the UPM Technology, Inc. v. Unigestion Holding, S.A., d/b/a Digicel Haiti, complaint proceeding. (Proceeding No. 23-64)

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

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

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


FTC Settles Investigation Of Gravy Analytics & Venntel For Unauthorized Collection And Sale Of Consumers’ Sensitive Location Data

December 3, 2024 – The Federal Trade Commission (FTC) has entered into a consent agreement with Gravy Analytics, Inc. and its wholly-owned subsidiary Venntel, Inc., which settles the FTC’s investigation of the two companies for alleged violations of the Federal Trade Commission Act. According to an FTC complaint, Gravy Analytics and Venntel business involved “unlawfully tracking and selling sensitive location data from users, including selling data about consumers’ visits to health-related locations and places of worship.” Among other things, the two companies collected consumers’ location data without consent, categorized consumers into audience segments based on sensitive characteristics, such as medical conditions, political activities, and religious beliefs derived from the location data, and sold the data containing these unique persistent identifiers to third parties. Under the FTC’s proposed order settling the investigation, Gravy Analytics and Venntel are prohibited from selling, licensing, transferring, sharing, disclosing, or using sensitive location data except in limited circumstances involving national security or law enforcement. The order also requires the companies to maintain a sensitive location data program designed to develop a list of sensitive locations and prevent the use, sale, license, transfer, sharing, or disclosure of consumers’ visits to those locations.


FCC Reminds RDOF Recipients Of Third Year Buildout Notification Requirements

December 2, 2024 – The FCC’s Wireline Competition Bureau has issued a Public Notice that provides guidance to Rural Digital Opportunity Fund (RDOF) support recipients regarding the obligation to notify the Bureau if the RDOF program’s third-year service milestone cannot be met. The third-year service milestone requires RDOF recipients to deploy broadband service to 40% of locations in a state. Any RDOF program support recipient that will not meet its 40% buildout requirement by the end of its third year of support must notify the Wireline Competition Bureau within 10 business days of the third-year service milestone deadline and provide information explaining the expected failure. For broadband providers that were authorized RDOF support in 2021, the third-year service milestone deadline is Wednesday, January 15, 2025. For broadband providers that were authorized RDOF support in 2022, the third-year service milestone deadline is Thursday, January 15, 2026. All notifications must be filed in the FCC’s Electronic Comment Filing System (ECFS) in the RDOF docket, WC Docket 19-126. An RDOF support recipient that does not meet its third-year service milestone will be subject to quarterly reporting and have its support withheld if warranted.