All in Broadband

FCC Announces Temporary Freeze on 3.7 - 4.2 GHz Band Applications – Opens 90-Day Window To Register Existing Earth Stations

FCC Announces Temporary Freeze on 3.7 - 4.2 GHz Band Applications – Opens 90-Day Window To Register Existing Earth Stations

Tony Veach
Broadband, Satellite, Wireless, Spectrum

The FCC has announced a temporary freeze, beginning April 19, 2018, on the filing of new or modification applications for fixed-satellite service earth station licenses, receive-only earth station registrations, and fixed microwave licenses in the 3.7 - 4.2 GHz band. Also, beginning April 19, 2018, there is a 90-day window during which entities that own or operate existing FSS earth stations in the 3.7 - 4.2 GHz band may file an application to register or license the earth station if it is currently not registered or licensed.

FCC Considering Minor Changes to “Legacy” Rate-of-Return USF Budget

FCC Considering Minor Changes to “Legacy” Rate-of-Return USF Budget

Tony Veach
Broadband, Rate-of-Return, USF

On March 23, 2018, the Federal Communications Commission adopted a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. In the NPRM, the FCC proposes permanent, minor revisions to the high-cost budget that controls USF support disbursements for rate-of-return carriers.

FCC Commissioner Michael O’Rielly: Increases In One USF Program Must Be Paired With Offsets From Another

FCC Commissioner Michael O’Rielly: Increases In One USF Program Must Be Paired With Offsets From Another

Tony Veach
Broadband, USF

In a speech before the American Enterprise Institute on April 19, 2018, Federal Communications Commission Commissioner Michael O’Rielly offered a new approach to funding universal service fund programs. Commissioner O’Rielly believes “it is time to institute the practice that any further increases in one program must be paired with offsets from another.”

Red Scare: FCC To Blacklist Equipment Providers That Present National Security Threat – Proposed Rule Would Bar Use of Universal Service Funds to Purchase From Blacklisted Companies

Red Scare: FCC To Blacklist Equipment Providers That Present National Security Threat – Proposed Rule Would Bar Use of Universal Service Funds to Purchase From Blacklisted Companies

Tony Veach
Broadband, USF

The FCC has released a draft of a Notice of Proposed Rulemaking that seeks comment on a rule prohibiting the use of universal service fund support to purchase equipment or services from any communications equipment or service providers identified as posing a national security risk to U.S. communications networks or the communications supply chain. The proposed rule would apply prospectively, and extend to upgrades of existing equipment or services. Comment deadlines will be announced after the NPRM is formally adopted.

Rate-of-Return Operating Expense Limitation Now Includes Inflation Adjustment; FCC Tweaks Corporate Operations Expense Limitation

Rate-of-Return Operating Expense Limitation Now Includes Inflation Adjustment; FCC Tweaks Corporate Operations Expense Limitation

Tony Veach
Broadband, Rate-of-Return, USF

The Federal Communications Commission has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue its efforts to reform the high-cost universal service fund rules that apply to rate-of-return incumbent local exchange carriers. In the Third Order on Reconsideration, the FCC, among other things, revises the formula for calculating a rate-of-return carrier’s operations expense limitation to include an inflationary factor, and makes a revision to its rules to include broadband-only loops when calculating a rate-of-return carrier’s corporate operations expense limitation.

FCC Provides Temporary Relief From Budget Control Mechanism – Will Fully Fund Legacy Rate-of-Return Carrier July 2017 – June 2018 Support Claims

FCC Provides Temporary Relief From Budget Control Mechanism – Will Fully Fund Legacy Rate-of-Return Carrier July 2017 – June 2018 Support Claims

Tony Veach
Broadband, USF, Rate-of-Return

The Federal Communications Commission has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. In the Third Order on Reconsideration, the FCC has taken action to mitigate the negative effects of the budget control mechanism by fully funding legacy carrier support claims for the July 2017 – June 2018 time period.

New FCC Rules Outline Which Expenses May Be Recovered Through High-Cost USF Support

New FCC Rules Outline Which Expenses May Be Recovered Through High-Cost USF Support

Tony Veach
Broadband, USF

The FCC has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. The Report and Order contains new rules explicitly prohibiting the use of federal high-cost support for expenses that are not used for the provision, maintenance, and upgrading of facilities and services for which support is intended.

FCC Provides More Funding For A-CAM Carriers

FCC Provides More Funding For A-CAM Carriers

Tony Veach
Broadband, USF

The Federal Communications Commission has released a Report and Order, Third Order on Reconsideration, and Notice of Proposed Rulemaking that continue the FCC’s efforts to reform the high-cost universal service fund support mechanism rules that apply to rate-of-return carriers. In the Report and Order, the FCC has decided to increase funding for the Alternative Connect America Cost Model, so that all locations with costs above $52.50 per location will be funded up to a per-location cap of $146.10.

Texas Court Rejects ISP’s Attempt to Dismiss Copyright Infringement Lawsuit – Grande Communications is Latest Broadband Provider Entangled in DMCA Litigation

Texas Court Rejects ISP’s Attempt to Dismiss Copyright Infringement Lawsuit – Grande Communications is Latest Broadband Provider Entangled in DMCA Litigation

Tony Veach
DMCA, Broadband, Copyright, ISPs

A Magistrate Judge for the U.S. District Court for the Western District of Texas, Austin Division, has issued a report and recommendation that rules on two motions to dismiss in UMG Recordings, Inc., et al., v. Grande Communications Networks, LLC, and Patriot Media Consulting, LLC. The case concerns a copyright infringement lawsuit filed by a vast group of owners of copyrighted music against Grande Communications, an Internet service provider located in Texas. Grande’s consultant is also named as a defendant in the suit. The pleadings and the Magistrate’s report address many of the same Digital Millennium Copyright Act issues involved in the Fourth Circuit’s recent decision in BMG v. Cox Communications.

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