The Federal Communications Commission has announced the results of the recently-completed Connect America Fund Phase II auction. There were 103 winning bidders, receiving a total of $1.488 billion in support over a 10-year period.
All in Broadband
UMG v. Grande Communications Update: Grande’s Motion For Summary Judgment
For the past 18 months, Texas-based Internet service provider Grande Communications Networks, LLC has been defending itself against a copyright infringement lawsuit brought by a group of record companies. The parties have conducted discovery, and Grande has moved for summary judgment.
Update on UMG v. Grande Communications: UMG’s Files Summary Judgment Motion To Strip Grande of DMCA Safe Harbor Defense
In 2017, some of the largest record companies in the U.S. filed a copyright infringement lawsuit against Grande Communications Networks, LLC, a Texas-based Internet service provider, alleging Grande broadband subscribers repeatedly infringed copyrighted works by reproducing and distributing them using BitTorrent. The record companies claim Grande is secondarily liable for these infringements because Grande does not follow its DMCA policy by terminating subscribers who are repeat infringers. The record companies have moved for summary judgment, seeking to strip Grande of its Section 512 DMCA safe harbor from secondary copyright infringement liability.
New Ambitious Performance Testing Framework For Fixed Broadband Providers Receiving USF Support
The Federal Communications Commission has released an Order setting a framework for measuring speed and latency performance for broadband providers that receive high-cost universal service fund support to serve fixed locations. Broadband provides must conduct the required testing using one of three options, and submit their results annually. Failure to comply will result in a loss of support.
NTCA-The Rural Broadband Association Says FCC National Security Rule Is A Hot Mess
NTCA-The Rural Broadband Association has filed comments in response to the FCC’s National Security NPRM, calling the FCC’s proposed rule prohibiting the use of universal service support to purchase equipment and services from blacklisted foreign companies is “overly broad and lacks clarity.” NTCA also identified numerous other concerns with the rule, and likened the NPRM to a notice of inquiry because of the high-level questions asked by the FCC.
(Draft) Order Forbearing From USF Contributions Will Level The Playing Field (Somewhat) For RLEC Broadband Service
The Federal Communications Commission has released a draft version of an order that grants a petition requesting the FCC forbear from applying universal service fund contribution rules to broadband Internet access transmission services provided by rural local exchange carriers. NTCA—The Rural Broadband Association and US Telecom filed the joint forbearance petition in June 2017. The forbearance provided in the order eliminates the current disparate treatment of certain RLEC broadband providers under the FCC’s USF contribution rules.
Red Scare II: Will FCC Blacklist Equipment Providers That Present National Security Threat
The FCC has released 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. Comments are due on or before June 1, 2018, and reply comments are due on or before July 2, 2018.
New A-CAM Support Offers Released, Deadline To Accept is June 21
The FCC’s Wireline Competition Bureau has officially extended 217 revised offers of Alternative Connect America Cost Model support, along with revised deployment obligations, to A-CAM rate-of-return carriers. Each revised offer is based on support up to $146.10 per-location, meaning locations with costs above $52.50 will be funded up to a per-location fund cap of $146.10. Carriers have until June 21, 2017 to accept their revised offers.
FCC Announces Temporary Freeze on 3.7 - 4.2 GHz Band Applications – Opens 90-Day Window To Register Existing Earth Stations
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
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.