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Agenda For Set For Workshop On “Security Vulnerabilities Within Our Communications Networks: Find It, Fix It, Fund It”

June 21, 2019 – FCC Commissioner Geoffrey Starks has released the following agenda for the workshop on security vulnerabilities with U.S. communications networks:

• Welcome & Remarks Welcoming remarks from Commissioner Starks and an expert presentation describing the “Risks to Our Networks.”

• Panel 1: Find It – The Scope of the Problem. This panel will focus on how to identify which equipment poses a threat and where it is located.

• Panel 2: Fix It – How to Ensure that Networks are Secure. This panel will consider options for fixing identified security problems, including discussion of what equipment needs to be fixed, whether replacing equipment is the best approach, or whether monitoring or other measures can be part of the solution.

• Panel 3: Fund It – National Problems Require National Solutions. This panel will address questions regarding funding, including the amount required for equipment replacement and threat mitigation, potential public and private sources, and what safeguards and other conditions should be attached.

The workshop will be held from 9:30 a.m. – 1:00 p.m. in the Commission Meeting Room at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. It will be streamed live online at www.fcc.gov/live.

FCC Commissioner To Hold Meeting On Funding Replacement Of Huawei Equipment

June 19, 2019 – FCC Commissioner Geoffrey Starks has announced he will convene a group of stakeholders—including carriers, manufacturers, academics, and trade associations – to start crafting and developing a plan to identify and replace telecommunications equipment manufactured by companies that pose a threat to U.S. national security. The purpose of the stakeholder meeting, in the words of Commissioner Starks, is find it, fix it, and fund it. Commissioner Starks wants the stakeholder group to determine what it will take to find insecure equipment, fix the problem, and help fund the process. A recent Executive Order bars U.S. companies from buying foreign-made telecommunications equipment and technology considered to be a national security risk, while the FCC has a pending proposal to prohibit the use of universal service funds to purchase or support blacklisted equipment. Both are primarily aimed at equipment manufactured by Chinese companies Huawei and ZTE. Equipment manufactured by Huawei and ZTE account for a small percentage of total U.S. communications network infrastructure, most of it is used in networks that serve rural America. Some have estimated it may cost upwards of $1 billion to replace Huawei and ZTE equipment that is currently in use today.

FCC Tentative Agenda For July Open Meeting Includes 5G Items

June 19, 2019 – Federal Communications Commission Chairman Ajit Pai has announced the tentative agenda for the FCC’s open meeting on July 10, 2019. It contains the following items:

• Transforming the 2.5 GHz Band for 5G – The FCC will consider a Report and Order that would allow for more efficient and effective use of 2.5 GHz spectrum by increasing flexibility for existing Educational Broadband Service licensees and providing new opportunities for rural Tribal Nations and other entities to access unused portions of the band. (WT Docket No. 18-120)

• Procedures for 5G Incentive Auction – The FCC will consider a Public Notice that would establish application and bidding procedures for Auction 103, the incentive auction of Upper Microwave Flexible Use Service licenses in the Upper 37 GHz, 39 GHz, and 47 GHz bands. (AU Docket No. 19-59)

• Promoting Access to Connected Care Services – The FCC will consider a Notice of Proposed Rulemaking that would propose a Connected Care Pilot providing Universal Service Fund support to health care providers to defray the costs of broadband service to enable low-income patients and veterans to access telehealth services. (WC Docket No. 18-213)

• Improving Competitive Broadband Access to Multiple Tenant Environments – The FCC will consider a Notice of Proposed Rulemaking and Declaratory Ruling that would take steps to promote facilities-based broadband deployment and competition in apartments, condominiums, office buildings, and other multiple tenant environments. (GN Docket No. 17-142; MB Docket No. 17-91)

• Removing Unnecessary Regulation of Transport Services and Facilities – The FCC will consider (1) a Report and Order on Remand that would grant price cap carriers relief from ex ante pricing regulation of their lower speed Time Division Multiplexing transport business data services nationwide; and (2) a Memorandum Opinion and Order that would partially grant USTelecom’s request for forbearance from DS1 and DS3 transport unbundling obligations for price cap carriers. (WC Docket Nos. 16-143, 05-25; GN Docket No. 13-5; RM-10593; WC Docket No. 18-141)

• Modernizing Children’s Television Programming Rules – The FCC will consider a Report and Order that would modernize children’s television programming rules and provide broadcasters greater flexibility in meeting their children’s programming obligations as well as a Further Notice of Proposed Rulemaking that would seek additional comment on special efforts by broadcasters to produce or support Core Programming. (MB Docket Nos. 18-202, 17-105)

• Electronic Delivery of Carriage Election Notices – The FCC will consider a Report and Order that would modernize the carriage election notice provisions in Part 76 of the FCC’s Rules and a Further Notice of Proposed Rulemaking that would seek comment on applying these new procedures to entities that are not required to maintain online public inspection files. (MB Docket Nos. 17-317, 17-105)

• Electronic Delivery of Notices to Broadcast Television Stations – The FCC will consider a Notice of Proposed Rulemaking that would propose to modernize certain cable and satellite television provider notice provisions in Part 76 of the FCC’s Rules by requiring certain notices to be delivered to broadcasters by e-mail. (MB Docket Nos. 19-165, 17-105)

The FCC’s July 10 open meeting is scheduled to start at 10:30 a.m. EDT. It will be streamed live at www.fcc.gov/live.

FCC To Create Precision Agriculture Connectivity Task Force, Nominations Due July 17

June 17, 2019 – Federal Communications Commission Chairman Ajit Pai has announced he is forming a task force to advise the FCC on the connectivity and technology needs of precision agriculture in the United States. The FCC intends to establish the “Precision Ag Connectivity Task Force” for an initial period of two years, and will renew the task force every two years until it terminates on January 1, 2025. The FCC is seeking nominations for membership on the task force, as well as a Chairperson to lead the group. Nominations for membership must be submitted to the FCC no later than July 17, 2019. Additional information on the task force’s mission and the membership application process are available from the FCC’s Public Notice.

National Lifeline Eligibility Verifier To Soft Launch In 11 States On June 25

June 17, 2019 – The FCC’s Wireline Competition Bureau has announced that the National Lifeline Eligibility Verifier (National Verifier) will soft launch on June 25, 2019 in Arizona, Connecticut, Georgia, Iowa, Kansas, Nebraska, Nevada, New York, Vermont, Virginia, and West Virginia. During the soft launch, Lifeline providers will have access to the National Verifier, allowing them to become familiar with the system and adjust and test their processes before use of the National Verifier becomes mandatory. They will also have access to a pre-production test environment to conduct sample transactions and train employees. Lifeline providers in the 11 states should not begin any recertifications for Lifeline subscribers as of June 25, 2019, and should finish any currently open recertifications for Lifeline subscribers no later than August 30, 2019. The Universal Service Administrative Company (USAC) will begin using the National Verifier to re-verify the eligibility of existing Lifeline subscribers in the 11 states during the soft launch period, and expects the reverification process to continue after the full launch date. Lifeline providers can find additional information on USAC’s National Verifier Launch Page.

Informal FCC Complaint Filed Against Nationwide Wireless Providers For Unauthorized Disclosure And Sale Of Customer Location Information

June 14, 2019 – Three public interest groups – Georgetown Law Center on Privacy & Technology, New America’s Open Technology Institute, and Free Press – have filed an informal complaint with the FCC against the four largest mobile wireless providers in the U.S. for the unauthorized disclosure and sale of customer location information. In the complaint, the public interest groups claim that wireless providers AT&T, Verizon, T-Mobile, and Sprint “have disclosed customer location information to location aggregators, other location-based services companies, and unauthorized individuals without customer approval.” The unauthorized disclosure of customer location information, the public interest groups argue, violates Sections 222 and 201(b) of the Communications Act. The public interest groups want the FCC to investigate the wireless providers and commence enforcement actions against them for violating the Communications Act and the FCC’s rules.

FTC Announces Agenda for PrivacyCon 2019 On June 27th

June 13, 2019 – The Federal Trade Commission has released the agenda for its fourth annual PrivacyCon on June 27, 2019, which will focus on the latest research and trends related to consumer privacy and data security. PrivacyCon 2019 will open with remarks from FTC Chairman Joe Simons, followed by four sessions of presentations and discussions consisting of the following:

• Session 1: research related to privacy policies, disclosures, and permissions and will feature presentations on research examining such topics as the European Union General Data Protection Regulation’s (GDPR) impact on web privacy

• Session 2: research related to consumer preferences, expectations, and behaviors, including a presentation on historical data related to consumers’ understanding and attitudes about digital privacy and online tracking

• Session 3: research related to tracking and online advertising, including a presentation examining paid and free apps

• Session 4: research related to vulnerabilities, leaks, and breach notifications, including two presentations focused on vulnerabilities affecting Android applications

PrivacyCon 2019 is free and open to the public. It will begin at 9:15 a.m. ET and will take place at the Constitution Center, located at 400 Seventh St., SW, Washington, D.C. 20024. Registration is not required to attend. The event will also be streamed live on the FTC’s website.

37 Rate-of-Return Carriers Elect Incentive Regulation For Business Data Services

June 13, 2019 – The FCC’s Wireline Competition Bureau has announced that 37 rate-of-return carriers serving 88 study areas in 29 states have elected incentive regulation for certain business data services (BDS). Specifically, these carriers have elected incentive regulation beginning July 1, 2019, for their lower speed BDS Time Division Multiplexed (TDM) transport and end user channel termination services pursuant to the Rate-of-Return BDS Order. The electing carriers and their related study areas are identified in the Appendix accompanying the Bureau’s Public Notice.

A New Record! USF Contribution Factor Hits 24.4 Percent For Third Quarter Of 2019

June 12, 2019 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the third quarter of 2019 will be 24.4 percent, a new record high. The proposed 24.4 percent contribution factor shatters the previous all-time high USF contribution factor of 20.1 percent, which was used for the fourth quarter of 2018. With one quarter left, 2019 is on pace to have the highest yearly average USF contribution factor ever. To provide perspective, below are the universal service contribution factors for 2019-2016:

• 2019: Q1-20; Q2-18.8; Q3-24.4

• 2018: Q1-19.5; Q2-18.4; Q3-17.9; Q4-20.1

• 2018 Average: 18.97

• 2017: Q1-16.7; Q2-17.4; Q3-17.1; Q4-18.8

• 2017 Average: 17.5

• 2016: Q1-18.2; Q2-17.9; Q3-17.9; Q4-17.4

• 2016 Average: 17.85

For the third quarter of 2019, the Universal Service Administrative Company (USAC) projects $11.483306 billion in total interstate and international end-user telecommunications revenues will be collected. USAC estimates that $2.22869 billion will be needed to cover the total demand and expenses for all Federal universal service support mechanisms in the third quarter of 2019. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

Senator Wicker Introduces Legislation To Improve Broadband Mapping

June 12, 2019 – Senator Roger Wicker (R-MS), Chairman of the Senate Commerce Committee, has introduced the Broadband Deployment Accuracy and Technological Availability (Broadband DATA) Act, S. 1822, which is meant to improve the Federal Communications Commission’s broadband mapping efforts. If passed, the bipartisan bill would:

• Require the FCC to collect granular service availability data from wired, fixed wireless, and satellite broadband providers;

• Require strong parameters for service availability data collected from mobile broadband providers to ensure accuracy;

• Direct the FCC to consider whether to collect verified coverage data from state, local, and tribal governments, as well as from other entities; and

• Create a process for consumers, state, local, and Tribal governments, and other groups to challenge FCC maps with their own data, and require the FCC to determine how to structure the process without making it overly burdensome.

The Broadband DATA Act is co-sponsored by Senators John Thune (R-SD), Amy Klobuchar (D-MN), and Gary Peters (D-MI). It has been referred to the Senate Committee on Commerce, Science, and Transportation.

FCC Sets August 12th Start Date For Relicensing 700 MHz Spectrum In Unserved Areas In The Gulf Of Mexico, North Dakota, And Texas

June 12, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that the 30-day Phase 1 700 MHz relicensing window will begin on August 12, 2019 and end on September 11, 2019 for four markets where licensees have failed to meet their construction requirements. The four markets include part of the Gulf of Mexico, portions of North Dakota 4 – McKenzie and North Dakota 3 – Barnes, and the entire Texas 1 – Dallam market. Potential applicants can visit https://arcg.is/CejT8 to view the map displaying the unserved areas available for relicensing. The relicensing of 700 MHz unserved areas will occur through a two-phase application process, beginning with a 30-day Phase 1 filing window.

FCC Extends Deadline For NANC Reassigned Numbers Database Report To September 13

June 12, 2019 – The FCC’s Consumer and Governmental Affairs Bureau and Wireline Competition Bureau have granted an extension of time to the North American Numbering Council (NANC) to finish a report on the creation of a reassigned numbers database. As part of its war on robocalls, the FCC adopted rules in December 2018 establishing a single, comprehensive database containing reassigned number information, which will enable any caller to verify whether a number has been permanently disconnected before calling, and is expected to prevent robocalls and other unwanted calls. NANC was directed to present, no later than June 13, 2019, a technical requirements document containing recommendations on certain technical aspects of database establishment, operation, and funding. The Bureaus have granted NANC an additional three months, until September 13, 2019, to report its reassigned numbers database recommendations. Further, NANC must report on its progress by July 12, 2019, so that the FCC can evaluate NANC’s progress toward the final deadline.

CAF Phase II Auction Support Authorized For 856 Winning Bids

June 10, 2019 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II support for 856 winning bids. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. For each of the winning bids, the Bureau has reviewed, and found adequate, the long-form application information, including the letters of credit and Bankruptcy Code opinion letters. The Universal Service Administrative Company (USAC) is now authorized and directed to make 120 monthly disbursement payments, beginning at the end of June 2019, to the account on file for the 498 ID associated with the study area code for each winning bid.

FCC Ready To Authorize 611 CAF Phase II Auction Winning Bids

June 7, 2019 – The FCC’s Wireline Competition Bureau has announced it is ready to authorize Connect America Fund Phase II auction support for 611 winning bids. A list of the winning bids that are ready to be authorized is available as Attachment A to the Bureau’s Public Notice. Before the long-form applicants receive the total 10-year support amounts associated with their winning bids, the applicants must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters for each state where they have winning bids that are ready to be authorized prior to 6:00 p.m. ET on Friday, June 21, 2019.

For two long-form applicants, Tri-Co Connections, LLC (Tri-Co Connections) in Pennsylvania and Plains Internet, LLC (Plains Internet) in Texas, the Bureau has waived the eligible telecommunications carrier (ETC) designation requirement. Both have petitions for ETC designations pending before relevant regulatory bodies.

The Bureau also announced that two winning bidders have voluntarily defaulted on three winning bids: Farmers Mutual Telephone Company defaulted on a winning bid covering three census blocks in Minnesota; and LTD Broadband LLC defaulted on one winning bid covering 11 census blocks in Nebraska and one winning bid covering 19 census blocks in Nevada. Both entities have been referred to the Enforcement Bureau and are subject to forfeiture for defaulting on their winning bids.

FCC Finds A-CAM II Errors, Delays Election Deadline To July 17th

June 5, 2019 – The FCC’s Wireline Competition Bureau identified errors in the Alternative Connect America Model II (A-CAM II) related to 36 offers of support. Rate-of-return carriers were set to indicate, on a state-by-state basis, whether they elect to transition to receiving model-based support by June 17, 2019. Due to the recently-found A-CAM II errors, the Bureau has extended the deadline to July 17, 2019.

Of the 36 errors, 34 were instances where the model incorrectly attributed broadband service provided over a rate-of-return carrier’s own facilities or the carrier’s affiliate to that of an unsubsidized competitor, resulting in census blocks begin classified as ineligible for support. For the other two errors, corrections have been made to accurately reflect the common control or ownership (or lack thereof) of study areas in a state, which results in an additional A-CAM II support offer, for a total of 37 corrected offers.

The Bureau has released A-CAM Report 16, which shows the state-level offer of model-based support for each carrier that is eligible to elect A-CAM II support. For only the rate-of-return carriers affected by the errors, Report 16 corrects Report 15. No other changes were made, and all other companies’ A-CAM II support amounts and deployment obligations remain the same. To elect A-CAM II for a state or states, a carrier must submit a letter signed by an officer of the company confirming its decision and committing to satisfy its broadband deployment obligations. Election letters should be sent to the Wireline Competition Bureau at ConnectAmerica@fcc.gov. If a carrier fails to submit an election letter by the deadline, it will be deemed to have declined the A-CAM II offer and will continue to receive cost-based universal service support.

Comment Sought On Ways To Resolve Incorrect Number Of Locations Determined By A-CAM

June 5, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on approaches to identify and resolve apparent discrepancies between the number of model-determined funded locations that Alternative Connect America Model (A-CAM) I and II support recipients are expected to serve (funded locations) and the actual number of locations that support recipients can serve (actual locations). The Bureau made the announcement in the same Public Notice that alerted rate-of-return carriers of A-CAM II errors and extended the election deadline to July 17. As explained by the Bureau, in the 2016 Rate-of-Return Reform Order, the FCC stated that rate-of-return carriers that discover there is a widely divergent number of locations in their funded census blocks as compared to the A-CAM should have the opportunity to seek an adjustment to modify their broadband deployment obligations. The FCC delegated authority to the Bureau to address these discrepancies. Accordingly, the Bureau is seeking comment on how to handle such situations. The Bureau sought comment on a similar model locations / actual locations issue with respect to the Connect America Fund Phase II auction in a September 2018 Public Notice. Interested parties are directed to examine that Notice and provide comment regarding whether the procedure proposed in that instance would be appropriate for A-CAM recipients. Comments are due on or before the Bureau’s June 5 Public Notice is published in the Federal Register.

FCC Announces Winning Bidders, Other Details For 28 GHz Auction

June 3, 2019 – The FCC’s Wireless Telecommunications Bureau has released a Public Notice announcing specific 28 GHz auction (Auction 101) information, including winning bidders’ license selections, upfront payment amounts, bidding eligibility, bids, and other bidding-related actions. The Bureau previously announced that Auction 101 ended after 176 rounds on January 24, 2019, but stated that the identities of winning bidders would remain non-public until after the close of bidding in the 24 GHz auction (Auction 102), which occurred on May 28, 2019. Auction 101 – the 28 GHz auction – raised a total of $700,309,809 in net bids ($702,572,410 in gross bids), with 33 bidders winning a total of 2,965 licenses. Verizon Wireless won 1,066 licenses, for a total cost of $505.7 million. T-Mobile picked up 865 licenses, for a total of $39.2 million. U.S. Cellular came away with 408 licenses, paying $129.4 million. Windstream Services, LLC won 106 licenses, for a total cost of $6 million. Attachment A to the Bureau’s Public Notice lists each winning bidder and summarizes each bidder’s auction results.

24 GHz Spectrum Auction Concludes Following End Of Assignment Phase

June 3, 2019 – The FCC’s Wireless Telecommunications Bureau has released a Public Notice announcing that the 24 GHz auction (Auction 102) concluded on May 28, 2019, following the close of bidding in the assignment phase. Auction 102 raised a total of $2,022,676,752 in net bids ($2,024,268,941 in gross bids), with 29 bidders winning a total of 2,904 licenses. T-Mobile won the most licenses, 1,346, at a total cost of $803 million. AT&T came away with 831 licenses, for a cost of $982 million. U.S. Cellular Corporation picked up 282 licenses, paying $126.5 million. Windstream Services, LLC won 116 licenses, for a total cost of $20.4 million. A summary of auction results for each bidder in Auction 102 is available as Attachment A to the Public Notice, while Attachment B lists, for each bidder, information about the bidder’s upfront payment and post-auction payments or refund.

Idaho Governor Issues Executive Order Creating Broadband Task Force

June 1, 2019 – Idaho Governor Brad Little has issued an executive order establishing the Idaho Broadband Task Force to improve broadband infrastructure and connectivity in Idaho. Members of the task force will include state legislators; the directors of the Idaho Department of Commerce, Department of Agriculture, Office of Emergency Management, and Office of Information Technology Services; representatives of Idaho cities and counties; a representative of Idaho Tribes; and individuals representing broadband providers. The Idaho Broadband Task Force’s mission is to make recommendations to the Governor on policies and actions the state of Idaho should take to dramatically improve broadband connectivity and service levels. The group will also focus on mapping Idaho’s existing broadband infrastructure and services and identifying gaps. The task force is expected to provide a report to the Governor in November.

Texas Creates Governor’s Broadband Development Council

June 1, 2019 – The state of Texas has enacted legislation creating the Governor’s Broadband Development Council. The 17-member council is tasked with researching and developing solutions to address the following broadband-related issues:  

• broadband development in unserved areas

• barriers to residential and commercial broadband deployment in unserved areas

• solution to overcome barriers to broadband deployment

• how broadband can benefit economic development, education, emergency services, and health care

The Governor’s Broadband Development Council is required to annually report its findings and recommendations to the governor, lieutenant governor, and each member of the Texas legislature.

FCC Releases NPRM Proposing To Cap Universal Service Fund

May 31, 2019 – The FCC has released a Notice of Proposed Rulemaking that seeks comment on establishing a cap on the Universal Service Fund (USF). The FCC proposes setting an annual $11.42 billion limit for the USF, which is the sum of the authorized budgets for the four universal service programs in 2018. Comment is requested on how to adjust the cap over time to ensure it keeps pace with inflation. Comments in response to the NPRM are due 30 days after the date the NPRM is published in the Federal Register. Reply comments are due 60 days after Federal Register publication.

FCC Delays Start Of Broadband Performance Testing Until First Quarter Of 2020

May 30, 2019 – The FCC’s Wireline Competition Bureau has delayed the start of the universal service fund-supported broadband network performance testing requirements until the first quarter of 2020. In July 2018, the FCC released an Order setting a framework for measuring speed and latency performance that applies to broadband providers receiving high-cost universal service fund support to serve fixed locations. These broadband providers are required to measure the speed and latency of their services from customer premises to a remote test server located at or reached by passing through an FCC-designated Internet Exchange Point. Broadband providers were set to begin testing in the third and fourth quarters of 2019, and start reporting results with an accompanying certification by July 1, 2020. The Bureau’s decision delays the start of testing until the first quarter of 2020. The reasons for the delay given by the Bureau are the numerous “issues raised in the petitions for reconsideration and applications for review, the need for additional technical development of the interfaces required, and the requirement for PRA approval.”

Wireline Bureau Seeking Comment On Petition For Changes To E-Rate Rules To Prevent Network Overbuilding

May 30, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on a petition for rulemaking filed by filed by Central Texas Telephone Cooperative, Inc., Peoples Telephone Cooperative, Inc., and Totelcom Communications, LLC. The three rural Texas broadband providers want the FCC to initiate a rulemaking proceeding to revise the universal service Schools and Libraries – E-Rate – Program competitive bidding rules “to include safeguards which would discourage overbuilding of existing federally supported fiber networks.” Specifically, they want the FCC to incorporate a public challenge process that requires E-Rate applicants seeking funding for special construction fiber projects, whether for self-provisioned networks or networks owned by a commercial provider, to confirm that no existing fiber facilities exist. Comments are due July 1, 2019, and reply comments July 16, 2019.

Rural Broadband Providers Petition FCC For Changes To E-Rate Rules To Prevent Overbuilds

May 22, 2019 – Three rural Texas broadband providers the have filed a petition requesting the FCC initiate a rulemaking proceeding to revise the universal service Schools and Libraries – E-Rate – Program competitive bidding rules. Specifically, the rural broadband providers want the E-Rate bidding rules “to include safeguards which would discourage overbuilding of existing federally supported fiber networks.” E-Rate rules currently allow schools, libraries, and consortia to construct their own broadband networks when self-construction is the most cost-effective solution to obtaining high-speed Internet access, which the rural Texas broadband providers claim can lead to overbuilding, especially when there are a limited number of responses to an applicant’s request for proposals. They propose the FCC first adopt rules that prohibit the use of universal service funds for special construction of fiber networks that overbuild existing fiber networks. To determine whether fiber already exists, the Texas broadband providers suggest that the FCC incorporate a public challenge process that requires E-Rate applicants seeking funding for special construction fiber projects, whether for self-provisioned networks or networks owned by a commercial provider, to confirm that no existing fiber facilities exist.

5G Leadership Act Would Reimburse Carriers That Replace Huawei Equipment

May 22, 2019 – A bipartisan group of Senators have introduced S.1625, the “United States 5G Leadership Act of 2019,” which creates a national plan for the deployment and security of 5G networks. The bill, if enacted, would prohibit communications networks from containing any equipment or software made by Huawei, ZTE, other China-based companies, and any other entity that poses a national security risk to the U.S. It also would prohibit the use of universal service fund support to purchase communications network equipment and services from such companies. The legislation would create a $700 million Supply Chain Security Trust Fund to provide equipment replacement grants to service providers that replace communications equipment and services purchased from Huawei, ZTE, and any other blacklisted companies prior to August 14, 2018. Communications providers with not more than 6,000,000 customers would be eligible to receive a grant. The bill is sponsored by Senator Roger Wicker (R-MS), and cosponsored by Senators Tom Cotton (R-AR), Mark Warner (D-VA), and Edward Markey (D-MA), and has been referred to the Senate Committee on Commerce, Science, and Transportation.

Commerce Department’s BIS Grants 90-Day License For Huawei Products

May 20, 2019 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has issued a Temporary General License (TGL) amending the Export Administration Regulations (EAR) to authorize specific, limited engagement in transactions involving the export, reexport, and transfer of items to Huawei Technologies Co. Ltd. and its sixty-eight non-U.S. affiliates. On May 16, 2019, the BIS added Huawei and its 68 non-U.S. affiliates the list of entities reasonably believed to be involved, or to pose a significant risk of being involved, in activities contrary to the national security or foreign policy interests of the U.S. The TGL is effective May 20, 2019 and lasts 90 days. In the official announcement, Secretary of Commerce Wilbur Ross stated, “The Temporary General License grants operators time to make other arrangements and the Department space to determine the appropriate long term measures for Americans and foreign telecommunications providers that currently rely on Huawei equipment for critical services.” The TGL “will allow operations to continue for existing Huawei mobile phone users and rural broadband networks.”

FCC Chairman Announces Intention To Approve T-Mobile Purchase Of Sprint

May 20, 2019 – FCC Chairman Ajit Pai has announced he will recommend that T-Mobile’s purchase of Sprint be approved. The two nationwide mobile wireless providers announced they had reached an agreement to merge in April 2018, with the FCC officially beginning its review of the transaction in June 2018. In order to receive FCC approval for their merger, T-Mobile and Sprint have reportedly agreed to comply with the following commitments:

• deploy a 5G network that covers 97% of the U.S. population within three years of closing the merger, and 99% within six years

• deploy 5G service to 85% of rural Americans within three years of closing the merger, and 90% within six years

• guaranteeing that 90% of Americans will have access to mobile broadband service at speeds of at least 100 Mbps, and 99% will have access to speeds of at least 50 Mbps

• a commitment not to raise prices for three years

• a commitment to divest Boost Mobile

If the merger is approved with the proposed conditions, failure to comply could result in payments to the U.S. Treasury totaling billions of dollars, among other things. In his announcement, Chairman Pai stated, “In light of the significant commitments made by T-Mobile and Sprint as well as the facts in the record to date, I believe that this transaction is in the public interest and intend to recommend to my colleagues that the FCC approve it.” FCC Commissioner Brendan Carr also has announced his support for the transaction following the two companies’ agreement to comply with the merger conditions.

FCC Recharters Technological Advisory Council, Next Meeting Set For June 21

May 20, 2019 – The FCC has announced that it has rechartered the Technological Advisory Council (TAC) for a two-year term beginning May 17, 2019. The TAC, which is comprised of a diverse group of technology experts, provides guidance to the FCC on various tech policy issues. A list of members is available here. During the new term, the TAC will consider and advise the FCC on a variety of topics such as the deployment of 5G technology, the evolution of broadband networks and devices and their implications, the spectrum needs of unmanned aircraft systems, new developments in antenna technology, and the applications of artificial intelligence to telecommunications networks. The FCC has announced that the next meeting of the TAC will be held on Friday June 21, 2019, from 10:00 a.m. to 4:00 p.m.

FCC Invites Comment On Nationwide Number Porting Proposals

May 17, 2019 – The FCC’s Wireline Competition Bureau has invited comments on a report from the North American Numbering Council’s nationwide number portability issues working group. The report analyzes the technical requirements for two proposals to implement nationwide number portability: (1) National Local Routing Number, and (2) Internet Protocol Local Routing Number. For each proposal, the report discusses which entities will need to make changes to their networks, which entities will bear the most costs, as well as which entities will reap the most benefits. Additionally, the report contains an explanation of call flows for each proposal, considers the impact on switching, transit, and termination functions, and provides a review of call routing for each proposal. Comments are due on or before June 7, 2019.

Commerce Department’s BIS Adds Huawei To List Of Entities That Pose Threat To U.S.

May 16, 2019 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has added Huawei and 68 non-U.S. affiliates of Huawei to the list of entities reasonably believed to be involved, or to pose a significant risk of being involved, in activities contrary to the national security or foreign policy interests of the U.S. Huawei was added to the Entity List based on, among other things, its indictment in the U.S. District Court for the Eastern District of New York for violating U.S. law by exporting goods, technology, and services from the U.S. to Iran and the government of Iran. The BIS decision generally prohibits exports, reexports, or transfers (in-country) of equipment, software, and technology to Huawei companies without a license. Applications for such licenses are subject to a review policy with a presumption of denial. Information on the specific Huawei companies added to the Entity List is available online from the Department of Commerce.

Senators Introduce Broadband Data Improvement Act of 2019

May 16, 2019 – A bipartisan group of Senators have introduced the Broadband Data Improvement Act of 2019, which is intended to “improve the accuracy of broadband coverage maps and better direct federal funds for broadband buildout.” If passed, the bill would require broadband providers to report data in a way that “more accurately reflects locations they actually serve,” resulting in the creation of a significantly more accurate National Broadband Map, which would also be “subject to an ongoing and multi-faceted challenge, validation, and refinement process.” The bill was introduced by U.S. Senators Shelley Moore Capito (R-WV), Brian Schatz (D-HI), Jerry Moran (R-KS), and Jon Tester (D-MT).

FCC Re-Charters Broadband Deployment Advisory Committee, Announces First Meeting

May 16, 2019 – FCC Chairman Ajit Pai has re-chartered the Broadband Deployment Advisory Committee (BDAC), appointed members to serve on the committee, and set the first meeting for Thursday, June 13, 2019, at 9:30 am. Chairman Pai has designated Elizabeth Bowles, President and Chair of Aristotle, Inc., to continue to serve as Chair of the BDAC, and David Young, Fiber Infrastructure and Right of Way Manager, City of Lincoln, Nebraska, to continue to serve as Vice Chair. In general, the BDAC will continue to work on recommendations to accelerate the deployment of high-speed broadband service by removing barriers to infrastructure investment and strengthening existing broadband networks in communities across the country. The BDAC and its three working groups are set to address the following topics: disaster response, recovery, and network resiliency; increasing broadband investment in low-income communities; and broadband infrastructure deployment job skills and training opportunities. BDAC meetings are open to the public, and are streamed live online at www.fcc.gov/live.

Robocall Item Leads Tentative Agenda For FCC June Open Meeting

May 16, 2019 – FCC Chairman Ajit Pai has announced the tentative agenda for the FCC’s June open meeting, scheduled for Thursday, June 6, 2019:

• Clarification of Call-Blocking Rules – The FCC will consider a Declaratory Ruling and Third Further Notice of Proposed Rulemaking clarifying that voice service providers may block illegal and unwanted calls as the default before they reach consumers’ phones, and proposes a safe harbor for providers that block calls that fail call authentication while ensuring that emergency and other critical calls reach consumers. (CG Docket No. 17-59, WC Docket No. 17-97)

• Leased Commercial Access – The FCC will consider a Report and Order and Second Further Notice of Proposed Rulemaking that would vacate its 2008 Leased Access Order, modernize the existing leased access rules to reflect changes in the video programming market, and propose to simplify the leased access rate formula. (MB Docket Nos. 07-42; 17-105)

• Amendment of Rules to Promote Aviation Safety – The FCC will consider a Notice of Proposed Rulemaking that would propose to modernize the Commission’s rules to improve aviation safety, support the deployment of more advanced avionics technology, and increase the efficient use of limited spectrum resources. (WT Docket No. 19-140)

The FCC’s June 6, 2019 open meeting is scheduled to commence at 10:30 a.m. EDT. It is open to the public, and will be streamed live online at www.fcc.gov/live.

Executive Order Bans Telecom Equipment  & Services That Pose Threat To U.S. Communications Networks

May 15, 2019 – President Trump has issued an Executive Order (EO) that declares a national emergency with respect to threats against U.S. “information and communications technology and services” by foreign adversaries. The term “information and communications technology or services” means any hardware, software, or other product or service primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means, including transmission, storage, and display. Furthermore, the EO bans the acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service that is designed, manufactured, or supplied by a company that is controlled by a foreign adversary that poses a threat to the U.S. No foreign equipment makers or countries are named in the order. Rather, the EO directs the Secretary of Commerce to consult with the leaders of various federal agencies, including the Secretaries of the Treasury, State, Defense, and Homeland Security, and the Attorney General, Director of National Intelligence, and the Chairman of the Federal Communications Commission, to determine which equipment and services pose a threat and are banned. The EO directs the Commerce Secretary, within 150 days, to publish rules or regulations implementing the ban.

Arkansas Governor Releases State Broadband Plan

May 15, 2019 – Arkansas Governor Asa Hutchinson has released the Arkansas State Broadband Plan, which sets a goal to deploy high-speed broadband Internet access service – at a rate of 25 Mbps downstream and 3 Mbps upstream – to all Arkansas communities with more than 500 residents by the year 2022. Governor Hutchinson directed the Arkansas Development Finance Authority Economic Policy Division to develop a state broadband plan in March 2019. Private and public sector stakeholders assisted in preparing the plan. Among other things, the information in the state broadband plan is expected to help telecommunications companies, rural electric cooperatives, utilities, and internet service providers when applying for federal grants to expand broadband infrastructure and connectivity in rural Arkansas. The Arkansas State Broadband Plan contains the following 13 sections:

• Section I: Details about how Arkansas can meet the Governor’s broadband goal.

• Section II: The competitive landscape for broadband services in Arkansas.

• Section III: Describes federal government programs that have been instrumental in deploying broadband to rural Arkansas.

• Section IV: Lays out plans for a State Broadband Office.

• Section V: Discusses the Arkansas High Cost Fund, which helps bring broadband to rural Arkansas.

• Section VI: Describes existing state and federal communications assets in Arkansas.

• Section VII: Covers the use of broadband in education.

• Section VIII: Covers the use of broadband in agriculture.

• Section IX: Covers the use of broadband in health care.

• Section X: Broadband mapping.

• Section XI: Access rights for broadband deployment (utility poles, towers and other key connection points).

• Section XII: Explores policy options suggested by the Federal Communications Commission’s Broadband Deployment Advisory Committee.

• Section XIII: Explains recent broadband-related state legislation.

FCC Authorizes CAF II Auction Support For 11 Entities & 459 Winning Bids

May 14, 2019 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II auction support for 11 entities, after reviewing the information in each entity’s Auction 903 long-form application, including the letters of credit and Bankruptcy Code opinion letters. The Universal Service Administrative Company may now obligate and disburse Universal Service Fund support to each entity, with payments beginning at the end of May 2019 and continuing until 120 equal monthly payments have been made. These CAF II auction support recipients are required to begin commercially offering broadband service to 40 percent of their requisite number of the locations by the end of the third year of funding, and to an additional 20 percent in each subsequent year, with 100 percent by the end of the sixth year. A list of the 11 entities and their 459 winning bids is available as an attachment to the Bureau’s Public Notice.

June 17 FCC Webinar: Network Reliability And Security Best Practices

May 13, 2019 – The FCC’s Public Safety and Homeland Security Bureau, Office of Communications Business Opportunities, and Wireline Competition Bureau have announced a webinar to discuss available resources and best practices for small and rural communications providers regarding network reliability and security. The webinar will be held on June 17, 2019, at 11:00 a.m., and will cover the following topics:

• A review of updates to the small business cybersecurity planner

• Best practices to protect communications networks to ensure reliability, resiliency, and security

• Recommendations from the Final Report of CSRIC VI on how small and rural carriers can transition to Next Generation 911 while minimizing transition risks, such as measures to prevent service outages

• Recent updates to the FCC’s Network Outage Reporting System (NORS) and Disaster Information Reporting System (DIRS)

• A review of updates to the Network Reliability Steering Committee (NRSC) Emergency Preparedness Checklist guidance on preparing and responding to emergency situations

• Identifying and eliminating potential security vulnerabilities in communications networks and their supply chains

• An overview of the FCC’s proposal to protect Universal Service Funds from being spent on equipment or services from suppliers that raise national security concerns

The webinar will be streamed live online with open captioning. Registration information is available at https://www.fcc.gov/small-rural-communications-provider-network-resiliency-webinar

FCC Proposes Collection Of $339,000 In Regulatory Fees For Fiscal Year 2019

May 8, 2019 – The FCC has released a Notice of Proposed Rulemaking which seeks comment on the collection of $339,000 in regulatory fees for fiscal year 2019, as well as modifications to the FCC’s regulatory fee authority under the RAY BAUM’S Act of 2018. Specifically, in the NPRM, the FCC: (1) explains and seeks comment on the RAY BAUM’S Act modifications to the FCC’s regulatory fee authority; (2) proposes and seeks comment on a schedule of fiscal year 2019 regulatory fees, which are due in September 2019; and (3) proposes and seeks comment on granular aspects of the regulatory fee calculation for Direct Broadcast Satellite providers, full-power broadcast television, and international bearer circuits. Comments in response to the NPRM are due on or before June 7, 2019. Reply comments are due June 24, 2019.

Wireless Bureau Invites Additional Comments on C Band Proceeding

May 3, 2019 – The FCC’s International Bureau and Wireless Telecommunications Bureau want stakeholders to file additional comments addressing proposals on ways to reallocate the 3.7–4.2 GHz Band (C Band). In a July 2018 Notice of Proposed Rulemaking, the FCC sought comment on making substantial changes to the 3.7–4.2 GHz Band in order to repurpose all or part of it for mobile broadband and other terrestrial uses. In the NPRM, the FCC requested comment on market-based and auction-based approaches for repurposing C Band spectrum. In response, commenters supported and opposed “a variety of clearing mechanisms,” and they raised numerous issues concerning the FCC’s authority to utilize market-based and auction-based mechanisms. Accordingly, the Bureaus have invited additional, focused comment on these issues, which have been organized into the following sets of questions:

1. What are the enforceable interference protection rights, if any, granted to space station operators against co-primary terrestrial operations? Do those rights depend on the extent incumbent earth stations receive their transmissions within the U.S? And what limits, if any, does Section 316 of the Communications Act place on the proposals raised by the FCC in the NPRM or by commenters?

2. What are the enforceable interference protection rights granted to licensed or registered receive-only earth station operators against co-primary terrestrial operations? What obligations does Section 316 of the Communications Act place on the FCC vis-à-vis licensed or registered receive-only earth station operators? Are registered receive-only earth station operators eligible to voluntarily relinquish their rights to protection from harmful interference in the reverse phase of an incentive auction because they qualify as “licenses” under Section 309(j)(8)(G)? Does the FCC have other statutory authorities that would enable it to authorize payments to such earth stations to induce them to modify or relocate their facilities?

Comments are due on or before 30 days from the date the Public Notice is published in the Federal Register, while reply comments are due 45 days from Federal Register publication. Comments and replies may be filed using FCC’s Electronic Comment Filing System, and must reference GN Docket No. 18-122, RM-11791, and RM-11778.

Comment Sought On Transfer Control Of PEG Bandwidth IL & Bluebird Network To MIP IV Midwest Fiber, LLC

May 3, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on two applications filed pursuant to section 214 of the Communications Act, requesting consent to transfer control of PEG Bandwidth IL, LLC (PEG Bandwidth) and Missouri Network Alliance, LLC d/b/a Bluebird Network (Bluebird) to MIP IV MidWest Fiber, LLC (MIP IV MW). Comments are due on or before May 17, 2019, and reply comments are due May 24, 2019.

FCC Releases Information On Broadband Deployment Obligations For Rate-Of-Return Carriers That Will Remain On Cost-Based Universal Service Support

May 2, 2019 – The FCC’s Wireline Competition Bureau has released information about revised mandatory broadband deployment obligations that will apply to rate-of-return carriers that decline Alternative Connect America Cost Model (A-CAM) support offers and instead will remain on legacy universal service support mechanisms. Deployment obligations must be fulfilled over a five-year period from 2019 to 2024. Each cost-based rate-of-return carrier may choose to have its deployment obligations determined by one of two methods:

1. The carrier’s Connect America Fund-Broadband Loop Support (CAF-BLS) amount divided by the average cost of providing 25/3 Mbps service, based on the weighted average cost per loop of carriers that have deployed 25/3 Mbps service to 95 percent or more of the locations in their study area, or 150 percent of the weighted average cost per loop of companies with similar density and level of deployment, whichever is greater, or

2. The carrier’s CAF-BLS amount divided by the A-CAM II calculation of the cost per location of providing 25/3 Mbps service in the unserved census blocks in the carrier’s study area.

The Wireline Competition Bureau has released a spreadsheet detailing the deployment obligations under each method for each study area, as well as an explanation of the information used in the calculations. Instructions on how each carrier must make its selection between the two methods will be published in the near future by the Universal Service Administrative Company.

FCC Releases A-CAM II Offers, Deadline For Rate-Of-Return Carriers To Accept Is June 17

May 2, 2019 – The FCC’s Wireline Competition Bureau has officially released offers of Alternative Connect America Cost Model support to rate-of-return carriers that are receiving legacy cost-based support (A-CAM II). Carriers have until June 17, 2019 to indicate, on a state-by-state basis, whether they elect to transition to receiving model-based support. Four different A-CAM II reports, 15.1-15.4, detailing each carrier’s A-CAM II funding amount, number of “fully funded” and “capped” locations, and the voice and broadband deployment obligations for their service territories are now available. Carriers that elect A-CAM II will receive model-based funding for a 10-year period beginning January 1, 2019. A-CAM II funding amounts are predicated upon a monthly funding threshold of $52.50 and a funding cap per location of $200. To elect A-CAM II for a state or states, a carrier must submit a letter signed by an officer of the company confirming its decision and committing to satisfy its broadband deployment obligations. Election letters should be sent to the Wireline Competition Bureau at ConnectAmerica@fcc.gov. If a carrier fails to submit an election letter by the deadline, it will be deemed to have declined the A-CAM II offer and will continue to receive cost-based universal service support.

FCC Sets Agenda For May 9th Open Meeting

May 2, 2019 – The Federal Communications Commission will hold its next open meeting on May 9, 2019, and is set to vote on the following seven items:

• China Mobile USA Application – The FCC will consider a Memorandum Opinion and Order that would deny the application of China Mobile USA for a Section 214 authorization to provide international facilities-based and resale telecommunications services between the United States and foreign points. (File No. ITC-214-20110901-00289)

• Reallocating the 1675–1680 MHz Band – The FCC will consider a Notice of Proposed Rulemaking that would seek comment on reallocating the 1675-1680 MHz band for shared use between incumbent federal operations and non-federal fixed or mobile (except aeronautical mobile) operations on a co-primary basis, as well as an appropriate sharing mechanism that would allow both federal and non-federal users to operate successfully in the band. (GN Docket No. 19-116)

• FM Translator Interference Rules – The FCC will consider a Report and Order that would adopt streamlined rules relating to interference caused by FM translators and expedite the translator interference complaint resolution process. (MB Docket No. 18-119)

• Toll Free Number Auction – The FCC will consider a Public Notice seeking comment on proposed procedures for conducting and participating in an auction of toll free numbers in the 833 code. (AU Docket No. 19-101; WC Docket No. 17-192; CC Docket No. 95-155)

• Regulatory Fees NPRM – The FCC will consider a Notice of Proposed Rulemaking to seek comment on proposed regulatory fees for Fiscal Year 2019. (MD Docket No. 19-105)

• Satellite Authorization for Theia – The FCC will consider a Memorandum Opinion Order and Authorization that would grant Theia’s request to deploy and operate a proposed non-geostationary satellite constellation to provide earth imaging services around the world. (IBFS File No. SAT-LOA-20161115-00121; SAT-AMD-20170301-00029)

• Video Relay Service Rules – The FCC will consider a Report and Order and Further Notice of Proposed Rulemaking that would adopt measures, and seek comment on others, to improve Video Relay Service (VRS), expand access to direct video communications, and protect the VRS program against waste, fraud, and abuse. (CG Docket Nos. 10-51 and 03-123)

The FCC’s May Open Meeting is scheduled to commence at 10:30 a.m. EDT in the main FCC Meeting Room (Room TW-C305) of the Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. The meeting is open to the public, and will be streamed live online at www.fcc.gov/live.

FCC Chairman Circulates Revised 2019 Broadband Deployment Report

May 1, 2019 – FCC Chairman Ajit Pai has circulated a revised draft of the 2019 Broadband Deployment Report. Chairman Pai circulated the first draft of the report on February 19, but it was withdrawn for review due to the discovery that a broadband falsely reported “drastically overstated deployment data” to the FCC. According to the FCC News Release, among other things, the revised report shows that since last year’s report, the number of Americans lacking access to a fixed terrestrial broadband at speeds of at least 25/3 Mbps has dropped by over 18%, from 26.1 million Americans at the end of 2016 to 21.3 million at the end of 2017. The first draft of the report concluded that the number of Americans lacking access to 25/3 Mbps broadband service dropped to 19.4 million.

FCC Releases Report On Promoting Broadband Service For Veterans

May 1, 2019 – The FCC has issued a Report on Promoting Broadband Internet Access Service for Veterans, which examines the current state of broadband access and adoption by veterans throughout the U.S, as well as low-income veterans and veterans in rural areas. While the report finds that many veterans have access to both fixed and mobile broadband options, a significant number still lack access to fixed broadband, mobile broadband, or both, as shown by the following data points:

• For 92.5% of veterans, at least one provider of 25/3Mbps fixed broadband services is available, while 96.6% of veterans have availability of fixed broadband at speeds of 10/1 Mbps. Data indicate that 86.7% of veterans have availability of fixed broadband at speeds of at least 100/10 Mbps. However, only 78.4% of veterans have 10/3 Mbps mobile LTE broadband coverage.

• Among households with veterans, approximately 85%, or 14.4million, reported that they had paid connections to the Internet in their homes. However, households with veterans subscribe to mobile broadband services at lower rates than households without veterans.

• For those veterans who lack a broadband connection, barriers to broadband adoption may include lack of deployment where they live, price, and digital illiteracy or perceived irrelevance.

The Report also provides recommendations on how to promote veterans’ access to broadband. These include promoting broadband deployment and access through universal service fund support mechanisms, efforts by other federal government agencies, and private sector initiatives.

FCC Releases Report On Broadband Deployment In Indian Country

May 1, 2019 – The FCC has released a Report on Broadband Deployment in Indian Country, which examines broadband coverage in Indian country and on land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act. Among other things, the report shows that Tribal lands experience lower rates of both fixed and mobile broadband deployment as compared to non-Tribal areas of the United States, particularly in rural areas:

• While 92% of housing units on urban Tribal lands are covered by a fixed terrestrial provider of 25/3 Mbps broadband service – just six points behind their non-Tribal urban counterparts – just 46.6% of housing units on rural Tribal lands have access to that service, a nearly 27-point gap compared to non-Tribal rural areas.

• Mobile LTE coverage on Tribal lands is similarly behind deployment on non-Tribal lands – while 99.8% of the population living on non-Tribal areas are covered by mobile LTE service, only 96% of the population living on Tribal land are covered with such service.

Analysis of broadband deployment on Tribal lands is based on FCC Form 477 data as of December 2017, as well as an overview of the FCC’s ongoing efforts to address unserved areas on Tribal lands that are not yet reflected Form 477 data. The report was submitted to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation, as required by Section 508(a)(1) of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (RAY BAUM’S Act).

Maryland Passes Legislation Allowing Electric Cooperatives to Provide Broadband Service

May 1, 2019 – The Maryland legislature has passed Senate Bill 634, authorizing electric cooperatives to provide broadband Internet access service. The legislation was recommended in a January 2019 report by the Maryland Task Force on Rural Internet, Broadband, Wireless and Cellular Service. Specifically, the bill authorizes Maryland electric cooperatives to “construct, maintain, or operate or allow others to construct, maintain, or operate conducting or communications facilities that furnish telecommunications, broadband internet access, or related services along, on, under, or across: real property, personal property, rights-of-way, and easements owned, held, or otherwise used by the cooperative; and publicly owned lands, roadways, and public ways, with the prior consent of the governing body of the municipal corporation or county in which the facilities are proposed to be constructed and under any reasonable regulations and conditions imposed by the governing body of the municipal corporation or county.” Additionally, to ensure that electric service customers do not subsidize the cost of broadband services, Senate Bill 634 requires electric cooperatives to allocate all costs between electricity-related services and broadband services. The legislation becomes effective on October 1, 2019. 

CTIA & ASCA Release Contraband Phone Task Force Status Report

May 1, 2019 – CTIA-The Wireless Association and the Association of State Correctional Administrators (ASCA) have submitted a Report to the Federal Communications Commission which summarizes the Contraband Phone Task Force’s actions taken so far. The Task Force was created after FCC Chairman Ajit Pai called on industry stakeholders “to address how best to leverage technological solutions to combat contraband devices in correctional facilities.” It was launched in April 2018, and its members include CTIA, ASCA, state corrections officials, wireless solutions providers, public safety experts, and the U.S. Department of Justice Bureau of Prisons. The Report summarizes actions taken in the following areas:

1. Coordination and collaboration among wireless service providers and corrections officials to identify contraband phone challenges and potential solutions;

2. Establishment of a Testbed for the technical assessment of Contraband Interdiction System (CIS) technologies (Attachment A to the Report provides a detailed analysis of the findings of the Testbed and recommended best practices for deploying CIS technologies based on lab and field test observations);

3. Implementation of state-level court order processes to enable wireless carriers to disable cellular service to contraband devices;

4. Use of the wireless industry’s Stolen Phone Database to deny service to contraband phones across multiple cellular networks; and

5. Review of the possibilities and challenges of geofencing capabilities as a contraband interdiction solution (Attachment B to the Report summarizes how geofencing could operate in a correctional facility setting and CTIA’s related views on legal and privacy issues).

Vermont Awards Broadband Connectivity Initiative Grants

May 1, 2019 – The Vermont Public Service Department has announced it has awarded nearly $220,00 in grant awards to Internet service providers to boost broadband Internet speeds to more than 220 eligible locations in twelve rural Vermont communities.

• ECFiber was awarded $63,250 to bring fiber optic cable service to 49 homes and businesses in the towns of Tunbridge and Corinth.

• Consolidated Communications, Inc. received $44,498 to expand broadband to 37 homes and businesses in Barnet.

• Pear Networks and Kingdom Fiber received a grant of $85,000 to bring fiber optic cable service to 126 homes and businesses in Bloomfield, Brighton, Brunswick, Canaan, Ferdinand, Lemington, and Maidstone.

• MCFiber received $21,200 to extend fiber optic cable service to six locations in Underhill.

• Southern Vermont Cable received $5,636 to provide cable internet to 11 homes in Putney.

According to the press release, the projects receiving awards were selected from a competitive pool of twenty projects which requested grant funds totaling over $960,000. Projects with the lowest cost per location were selected. The funds will be used to extend broadband to 229 homes and businesses that were previously unserved or underserved.

186 A-CAM Carriers Accept Revised Support Offers

April 29, 2019 – The FCC has announced that a total of 186 rate-of-return companies accepted 242 separate revised offers of Alternative Connect America Cost Model (A-CAM) support in 43 states. As a result, the net increase in annualized A-CAM support is approximately $65.7 million. In exchange for receiving increased support, these A-CAM carriers must build out broadband service to additional locations at speeds of 25 Mbps downstream and 3 Mbps upstream. According to the Public Notice, A-CAM carriers that accepted support are collectively committing to provide at least 25/3 Mbps service to 106,000 locations in addition to those locations for which they were previously obligated. Support will be provided over ten years, beginning January 1, 2019, ending December 31, 2028.

Reservation Telephone Cooperative And CenturyLink Want Waiver Of Study Area Definition

April 24, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on a joint petition filed by Reservation Telephone Cooperative (RTC) and Qwest Corporation d/b/a CenturyLink QC requesting a waiver of the definition of “study area” contained in Part 36 of the FCC’s rules. The waiver is needed in order for RTC to expand its Alexander exchange in North Dakota to include portions of CenturyLink’s Fairview and Sidney exchanges in North Dakota. As set out in the petition, RTC has received requests to serve six customers in the rural North Dakota Sidney exchange, and expects to receive 34 additional requests for service. Additionally, RTC and CenturyLink request a waiver of Section 69.3(e)(11) of the FCC’s rules to allow RTC participate in the National Exchange Carrier Association, Inc. tariff pool upon closing of the transaction. Comments on the petition are due on or before May 24, 2019, and reply comments are due June 24, 2019.

FCC Seeking Comment On South Dakota Network Tariff Refund Plan

April 23, 2019 – The FCC’s Wireline Competition Bureau (WCB) is seeking comment on a refund plan filed by South Dakota Network, LLC (SDN), in connection with revised tariff rates. SDN’s tandem switched access rates were declared unlawful in a March 2019 Memorandum Opinion and Order after the FCC concluded SDN did not properly calculate its rate as required by the FCC’s benchmark rule and recent FCC precedent. SDN was required to make corrections to its tariff, with the WCB determining any required refunds once the revised rates were effective. SDN’s new tariff rate became effective on April 5, 2019. As set out in its refund plan, SDN “proposes to refund overcharges paid by affected carriers plus interest compounded daily, by issuing a credit on the invoice for affected carriers to be issued on May 1, 2019.” Comments on SDN’s refund plan are due on or before May 8, 2019.

USDA Accepting Applications For ReConnect Rural Broadband Pilot Program

April 23, 2019 – The U.S. Department of Agriculture (USDA) has announced it is now accepting online applications for funding for rural broadband projects through the new ReConnect Rural Broadband Pilot Program. Funding applications can be submitted at reconnect.usda.gov. For the first funding round, USDA is making available at least $600 million: $200 million in grants, $200 million in loan and grant combinations, and $200 million in low-interest loans. The application deadlines for each funding category are as follows:

• May 31, 2019, for projects seeking federal funds from the grants-only package;

• June 21, 2019, for projects seeking a combination of federal loans and grants; and

• July 12, 2019, for projects seeking low-interest federal loans.

Additional information on funding categories and application submission dates is available here. The official Funding Opportunity Announcement and solicitation of applications for USDA’s ReConnect Rural Broadband Pilot Program can be found here. Future rounds of funding for the ReConnect Program will be announced later this year.

House Energy & Commerce Committee Questions Google On “Sensorvault” Location Information Database

April 23, 2019 – The House of Representative’s Energy and Commerce Committee has sent a letter to Google’s CEO demanding answers to questions about Google’s Sensorvault – a database containing location information records from smartphones. In general, the Committee wants to know why Google maintains the Sensorvault database and “the extent to which Google shares precise location information from this database with third parties.” The letter seeks answers to the following specific questions:

• What information does Google store in the Sensorvault database and for what purposes does Google use this information?

• Which affiliates or subsidiaries have access to or use the data or analytics derived from the data in the Sensorvault database? 

• Does Google maintain other databases of precise location information? If so, how does Sensorvault differ from other such databases and how is the data from such other databases used?

• Who is able to access the data in the Sensorvault database?

• What are the sources (i.e., Google services, apps, and devices) from which Google collects the information maintained in the Sensorvault database? Are consumers required to “opt-in” or “opt-out” of the collection of precise location information?

• To the extent that a consumer has requested that precise location data not be shared with Google, through opt-outs or other mechanisms, do Android phones continue to collect precise location data on the device or store such precise location information on the device?

• How accurate is the precise location information stored in the Sensorvault database? 

• What controls, if any, does Google provide to consumers to limit or revoke Google’s access to the information stored in the Sensorvault database?

• What is Google’s retention policy with respect to precise location information stored in the Sensorvault database? Does Google share, sell, license or otherwise disclose precise location information (including deidentified data) from the Sensorvault database with any third parties other than law enforcement?

The Energy and Commerce Committee has asked Google to respond with answers by May 7, 2019. It also has asked Google to provide a briefing on the issues identified in the letter to Committee staff no later than May 10, 2019.

FCC Announces Tentative Agenda For May Open Meeting

April 18, 2019 – FCC Chairman Ajit Pai has announced the following tentative agenda for the FCC’s next Open Meeting scheduled for Thursday, May 9, 2019:

• China Mobile USA Application – The FCC will consider a Memorandum Opinion and Order that would deny the application of China Mobile USA for a Section 214 authorization to provide international facilities-based and resale telecommunications services between the United States and foreign points. (File No. ITC-214-20110901-00289)

• Reallocating the 1675–1680 MHz Band – The FCC will consider a Notice of Proposed Rulemaking that would seek comment on reallocating the 1675-1680 MHz band for shared use between incumbent federal operations and non-federal fixed or mobile (except aeronautical mobile) operations on a co-primary basis, as well as an appropriate sharing mechanism that would allow both federal and non-federal users to operate successfully in the band. (GN Docket No. 19-116)

• FM Translator Interference Rules – The FCC will consider a Report and Order that would adopt streamlined rules relating to interference caused by FM translators and expedite the translator interference complaint resolution process. (MB Docket No. 18-119)

• Toll Free Number Auction – The FCC will consider a Public Notice seeking comment on proposed procedures for conducting and participating in an auction of toll free numbers in the 833 code. (AU Docket No. 19-101; WC Docket No. 17-192; CC Docket No. 95-155)

• Regulatory Fees NPRM – The FCC will consider a Notice of Proposed Rulemaking to seek comment on proposed regulatory fees for Fiscal Year 2019. (MD Docket No. 19-105)

• Satellite Authorization for Theia – The FCC will consider a Memorandum Opinion Order and Authorization that would grant Theia’s request to deploy and operate a proposed non-geostationary satellite constellation to provide earth imaging services around the world. (IBFS File No. SAT-LOA-20161115-00121; SAT-AMD-20170301-00029)

• Video Relay Service Rules – The FCC will consider a Report and Order and Further Notice of Proposed Rulemaking that would adopt measures, and seek comment on others, to improve Video Relay Service (VRS), expand access to direct video communications, and protect the VRS program against waste, fraud, and abuse. (CG Docket Nos. 10-51 and 03-123)

The FCC’s May Open Meeting is scheduled to commence at 10:30 a.m. EDT in the main FCC Meeting Room (Room TW-C305) of the Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. The meeting is open to the public, and will be streamed live online at www.fcc.gov/live.

24 GHz Auction Clock Phase Concludes With $1.988 Billion In Gross Proceeds

April 17, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that bidding in the clock phase of the auction of 24 GHz Upper Microwave Flexible Use Service licenses (Auction 102) is over. Bidding concluded following round 91, with gross proceeds at just over $1.988 billion. Bidders won 2,904 of 2,909 available licenses. Winning bidders may now participate in the assignment phase to acquire specific frequency blocks. Winning bidders will be able to log in to the Auction 102 assignment phase bidding system between 10:00 a.m. Eastern Time on April 26, 2019 and 12 noon ET on April 29, 2019, to download their assignment phase bidding options, view sequence and timing information, and identify the assignment rounds in which they will be eligible to participate. The FCC will conduct an assignment phase mock auction on Tuesday, April 30, 2019. The first round of the assignment phase will begin on Friday, May 3, 2019.

FCC OIG Advisory Warns Of Lifeline Fraud, Enforcement Action

April 16, 2019 – The FCC’s Office of Inspector General (OIG) has issued an advisory to warn Lifeline providers and the public that fraud remains a serious problem for the Lifeline program. The following instances of fraud and techniques used to perpetrate fraud are identified in the OIG’s advisory:

• Lifeline carriers, agents, and consumers manipulate subscriber enrollment information, including subscriber names, addresses, and eligibility proof requirements to provide subscribers who may be eligible for one Lifeline phone with a second, third, or fourth phone, or to provide initial Lifeline service.

• A 2017 Government Accountability Office (GAO) report found Lifeline companies may have an incentive to enroll as many customers as possible after the GAO was unable to confirm whether 36% of Lifeline subscribers qualified for program enrollment.

• The GAO report identified more than 6,000 individuals receiving Lifeline benefits who were previously reported as deceased to the Social Security Administration.

• The OIG confirmed through its own investigation and analysis that nearly 50,000 already-deceased individuals had been enrolled in the Lifeline program by carriers.

• A 2018 OIG audit report estimated the number of improper Lifeline payments at more than $330 million in fiscal year 2017 alone.

The advisory also warns Lifeline providers and the public that the OIG will hold accountable those who defraud the universal service fund and will continue to seek criminal, civil, and administrative sanctions against Lifeline carriers and carrier agents who engage in fraudulent practices. The OIG states that its Office of Investigations has a full roster of active investigations targeting companies and individuals who seek to defraud the Lifeline program. Finally, OIG encourages anyone with information regarding fraud, waste, or abuse in the Lifeline program or any other universal service program to report it by calling (202) 418-0473 or (888) 863-2244, or via email to hotline@fcc.gov.

USAC Says E-Rate Program Funds May Be Used To Overbuild Existing Networks

April 16, 2019 – The Universal Service Administrative Company (USAC) has responded to FCC Commissioner Michael O’Rielly’s request for information regarding the extent to which E-Rate participants have applied for or used E-Rate funding to overbuild existing fiber networks that are supported by the universal service fund. Commissioner O’Rielly asked USAC for answers to seven questions. Among other things, Commission O’Rielly asked whether E-Rate rules permit funding for special construction projects that would duplicate fiber networks that have been built using federal funds. In response, USAC stated that “if the cost of applicant ownership over the life of the network is less expensive than the cost of using an existing network, the applicant can be approved for fiber construction funding of their own network.” USAC was unable to answer many of the other questions in Commissioner O’Rielly’s letter because of a lack of sufficient data.

FCC Eliminates Rate Floor Rule

April 15, 2019 – By unanimous decision, the FCC has eliminated its rate floor rule. The rule, adopted by the FCC in the 2011 USF/ICC Transformation Order, reduces an incumbent local exchange carrier’s high-cost support to the extent the carrier’s end-user rates for residential local voice service plus state regulated fees (such as state subscriber line charges and state universal service fees) do not meet the specified local rate floor set by the FCC. Initially, the rate floor was to be phased in over several years: $10 beginning July 1, 2012, $14 beginning July 1, 2013, and then the average urban rate, as determined from data in the urban rates survey, beginning July 1, 2014. However, the FCC later revised the rate floor phase-in, and then in 2017, the FCC froze the rate floor at $18 for two years, until July 1, 2019. In response to a request for comment on eliminating or modifying the rate floor, the FCC received overwhelming opposition to the rule by a diverse coalition of stakeholders. While the rate floor rule has been eliminated, the reporting obligations associated with the rate floor will be eliminated after July 1, 2020, giving the FCC the ability to monitor local rates for 2019 and 2020.

USAC Releases Online CAF Map Version 2.0

April 15, 2019 – The Universal Service Administrative Company (USAC) has released version 2.0 of the Connect America Fund (CAF) map, an interactive online map showing where recipients of CAF support have built out high-speed broadband Internet access service. This latest iteration contains updated information reflecting broadband deployment completed in 2018. The map was created using data submitted to USAC’s High Cost Universal Broadband (HUBB) portal by carriers that receive universal service support from the following five CAF programs: CAF Phase II; Alternative Connect America Cost Model (A-CAM); Connect America Fund-Broadband Loop Support (CAF-BLS); The Alaska Plan (rate-of-return carriers in Alaska); and Rural Broadband Experiments (RBE). The map is available online at the following address https://data.usac.org/publicreports/caf-map/.

Senator Markey Introduces Privacy Bill Of Rights Act

April 12, 2019 – Senator Edward J. Markey (D-MA) has introduced the “Privacy Bill of Rights Act,” S.1214, intended to protect American consumers’ personal information. It has been referred to the Senate Committee on Commerce, Science, and Transportation. Senator Markey’s comprehensive federal privacy legislation, if passed, would require the Federal Trade Commission (FTC) to promulgate rules requiring both online and offline companies to establish and maintain data security practices to protect the confidentiality, integrity, and availability of consumers’ personal information. The bill defines “personal information” as “information that directly or indirectly identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to, a particular individual.” The privacy regulations would apply to any entity that collects or otherwise obtains consumers’ personal information. Additionally, Senator Markey’s Privacy Bill of Rights Act would:

• Prohibit companies from using individuals’ personal information in discriminatory ways;

• Establish a centralized FTC website that tells consumers about their privacy rights and require companies to use easy to read short-form notices provided directly to consumers;

• Ensure companies collect only the information they need from consumers in order to provide services;

• Enable State Attorneys General to protect the interest of their residents and bring action against companies that violate the privacy rights of individuals; and

• Create a private right of action that would enable individuals to defend their own privacy rights in court.

Deadline To Certify Accuracy Of 3.7 - 4.2 GHz Band Authorizations Is May 28, 2019

April 11, 2019 – The FCC’s International Bureau has released a Public Notice announcing that operators of fixed-satellite service (FSS) earth stations in the 3.7-4.2 GHz band that are licensed or registered (authorized) in the International Bureau Filing System (IBFS), including temporary-fixed or transportable earth stations, must certify the accuracy of all information reflected on their licenses or registrations in IBFS. The deadline for submitting the information required by this certification is May 28, 2019. The FCC imposed information collection requirements for earth station and satellite licensees regarding their current use the 3.7-4.2 GHz band in a July 2018 Order. The FCC hopes to use the information to evaluate and make decisions on future use of the band.

National Lifeline Eligibility Verifier Launches In Four More States

April 5, 2019 – The FCC’s Wireline Competition Bureau has announced the launch of the National Lifeline Eligibility Verifier for all new enrollments in Alaska, American Samoa, Delaware, the District of Columbia, Maine, the Northern Mariana Islands, Rhode Island, and the U.S. Virgin Islands. Starting May 7, 0219, Lifeline service providers in these states and territories must use the National Verifier to check the eligibility of all applicants before enrolling them in the universal service Lifeline program. Additionally, consumers in these states and territories can apply for Lifeline directly through the National Verifier online consumer portal or by mailing a paper application to the Lifeline Support Center. More information about the National Verifier is available online from USAC.

Annual LEC Tariff Filings Due July 2

April 4, 2019 – The Pricing Policy Division of the FCC’s Wireline Competition Bureau has released an Order explaining the procedures for the 2019 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 LECs. Due to filing constraints arising from this year’s calendar, the Order waives the July 1, 2019 effective date and sets a modified effective date of July 2, 2019, for the July 2019 annual access charge tariff filings made both on 15 days’ notice and on 7 days’ notice. Also, the Order establishes the following additional procedures: (1) establishes the dates for filing petitions to suspend or reject an incumbent LEC’s tariff filing and replies to such petitions; (2) addresses service of the petitions and replies; (3) waives for 2019 the requirement that price cap incumbent LECs file a short form TRP; and (4) partially waives for the second quarter of 2019 the universal service contribution factor rule to allow incumbent LECs to charge the second quarter 2019 contribution factor until July 2, 2019, at which time they must begin charging the third quarter 2019 contribution factor. All correspondence and comments in connection with the tariff filings should refer to the following caption, July 1, 2019 Annual Access Charge Tariff Filings, WC Docket No. 19-47.

Comments on Proposed Wireless E911 Location Accuracy Rules Due May 20

April 4, 2019 – Deadlines for filing comments in response to the FCC’s Fourth Further Notice of Proposed Rulemaking to improve wireless E911 location accuracy have been set. Comments are due on or before May 20, 2019, and reply comments are due June 18, 2019. In the FNPRM, the FCC is seeking comment on adding a vertical, or z-axis, location accuracy metric to the E911 wireless location accuracy rules. If adopted, the proposed rules “would assist 911 call centers in identifying the floor level where the 911 call occurred, which can reduce emergency response times and ultimately save lives.” The FCC proposes a z-axis metric of 3 meters relative to the handset for 80% of wireless E911 calls for each of the benchmarks and geographic requirements previously established in the FCC’s E911 wireless location accuracy rules. Under this proposal, by April 3, 2021, nationwide cell phone service providers would be required to deploy in each of the top 25 Cellular Market Areas either dispatchable location or z-axis technology in compliance with the 3-meter metric. In Cellular Market Areas where z-axis technology is used, nationwide providers would be required to deploy z-axis technology to cover 80% of the Cellular Market Area population. By April 3, 2023, these requirements would be expanded to cover each of the top 50 Cellular Market Areas. Non-nationwide cell phone service providers that serve any of the top 25 or 50 Cellular Market Areas would continue to have an additional year to meet each of these benchmarks in the relevant Cellular Market Area.

FCC Enforcement Bureau Issues Guidance On Due Diligence Checks

April 4, 2019 – The FCC’s Enforcement Bureau has issued a Public Notice to provide guidance on how parties may inquire about matters pending before the Bureau (due diligence requests). Licensees, attorneys, and other parties routinely submit due diligence requests to the FCC Enforcement Bureau concerning pending matters that might adversely impact proposed licensee-related transactions, including assignments, transfers of control, renewals, mergers, public stock offerings, and other similar transactions. The Enforcement Bureau has reviewed its existing procedures to find ways to improve the due diligence process, while protecting its investigatory processes and the non-public information of the parties involved with the Bureau’s investigations. In the Public Notice, the Enforcement Bureau clarifies the way it will process due diligence requests going forward, to provide service to the public that is as transparent, consistent, efficient, and as timely as possible.

FCC Ready To Authorize CAF Phase II Auction Support

April 3, 2019 – The FCC’s Wireline Competition Bureau has released a Public Notice announcing it is ready to authorize Connect America Fund Phase II auction support for winning bids placed by 32 entities. A list of the winning bids that are ready to be authorized is available as Attachment A. To be authorized to receive the total 10-year support amounts, each entity must submit acceptable irrevocable stand-by letters of credit and Bankruptcy Code opinion letters from their legal counsel for each state where they have winning bids that are ready to be authorized in accordance with the instructions provided in the Public Notice prior to 6:00 p.m. ET on Wednesday, April 17, 2019. The Bureau has also announced that 10 entities have defaulted on 38 CAF II auction winning bids. A list of these entities along with their bids that are in default is available as Attachment B to the Public Notice.

FCC Considering Cap For Universal Service Fund

April 2, 2019 – Federal Communications Commission Chairman Ajit Pai has circulated a notice of proposed rulemaking to his fellow Commissioners that proposes to establish a cap on the total amount of funding provided by the universal service fund (USF). According to a blog post written by FCC Commissioner Michael O’Rielly, the item on circulation proposes a budgetary cap of $11.42 billion for the entire USF, roughly $2 billion more than the fund currently disburses. The USF consists of four separate programs – the high-cost fund, the Lifeline program, the schools and libraries support program (E-Rate), and the rural health care support mechanism – each of which helps bring “connectivity to different segments of America.” The USF is funded through a universal service fee added to consumers’ monthly landline phone and cell phone bills. The fee is based on a quarterly contribution factor, which has continued to increase consistently over the past few years. Democratic FCC commissioners Jessica Rosenworcel and Geoffrey Starks both made public statements opposing the proposal to adopt of an overall cap on the USF.

Kansas Rural LEC Epic Touch To Purchase Louisiana Communications Providers

March 25, 2019 – Kansas rural incumbent local exchange carrier Epic Touch has entered into an agreement to purchase CP-TEL Holdings, Inc., the sole direct owner of Campti-Pleasant Hill Telephone Co., Inc. and CP-TEL Network Services, Inc. Epic Touch, headquartered in Elkhart, Kansas, provides telephone and broadband service in Southwest Kansas and the Oklahoma panhandle through affiliates. Campti-Pleasant Hill is a Louisiana rural ILEC that began operations in 1933 as a land line telephone provider. It currently provides telephone services, Internet access services, and digital cable services to subscribers in portions of Natchitoches, Sabine, and Desoto Parishes. CP-TEL Network Services was created to provide local, long distance, and international resold telephone service, broadband services, and digital cable services in Northwest Louisiana. Pursuant to a February 2019 stock purchase agreement, Epic Touch will purchase all of CP-TEL Holdings’ stock. Post-transaction, Epic Touch will own and control CP-TEL Holdings and its wholly-owned subsidiaries. According to the parties’ joint application for consent to transfer control of domestic and international Section 214 authorizations, key personnel from CP-TEL Holdings will remain in a management position at the company post-transaction, and Campti and CP-TEL Network Services will continue to serve their Louisiana customers in the same geographic service areas and under the same company names, rates, terms, and conditions as currently provided.

Recording Industry Sues ISP Bright House Networks For Copyright Infringement

March 22, 2019 – A group of major recording companies (i.e., Universal, Warner, Sony) has filed a copyright infringement lawsuit against Internet service provider Bright House Networks, LLC, in the U.S. District Court for the Middle District of Florida. Bright House is a wholly-owned subsidiary of Charter Communications, Inc. In their complaint, the record company plaintiffs allege that through the provision of high-speed broadband service, “Bright House has knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers, causing great harm to Plaintiffs, their recording artists and songwriters, and others whose livelihoods depend upon the lawful acquisition of music.” The record companies claim that from March 2013 to May 2016, they sent hundreds of thousands of copyright infringement notices to Bright House, but Bright House “persistently turned a blind eye to the massive infringement of Plaintiffs’ works occurring over its network.” The record companies claim Bright House is liable as a contributory copyright infringer and a vicarious copyright infringer for the direct infringements of its broadband subscribers. They are seeking statutory damages.

Another DMCA Lawsuit: Recording Industry Sues ISP Charter Communications For Copyright Infringement

March 22, 2019 – A group of major recording companies (i.e., Universal, Warner, Sony) has filed a copyright infringement lawsuit against Internet service provider Charter Communications, Inc. in U.S. District Court in Colorado. The record company plaintiffs allege Charter, through the provision of high-speed broadband service, “has knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers, causing great harm to Plaintiffs, their recording artists and songwriters, and others whose livelihoods depend upon the lawful acquisition of music.” They further allege Charter, for years, has “deliberately refused to take reasonable measures” to stop customers from using its Internet services to infringe on copyrights, “even after Charter became aware of particular customers engaging in specific, repeated acts of infringement.” The record companies allege Charter is liable as a contributory copyright infringer and a vicarious copyright infringer for the direct infringements of its broadband subscribers. The plaintiffs are seeking statutory damages.

FCC To Eliminate The Rate Floor Rule During April 12th Open Meeting

March 22, 2019 – At its April 12 open meeting, the FCC will vote on a Report and Order that will eliminate the FCC’s “rate floor” rule. Adopted in 2011, the rate floor rule reduces a local exchange carrier’s high-cost support to the extent the carrier’s end-user rates for residential local voice service plus state regulated fees (such as state subscriber line charges and state universal service fees) do not meet the specified local rate floor. In 2017, the FCC froze the rate floor at $18 for two years, until July 1, 2019, in order to consider its effect on consumers and whether it is needed to ensure quality services at just, reasonable, and affordable rates. In the draft Report and Order, the FCC eliminates the rate floor rule and its accompanying reporting requirements.

FCC To Consider Spectrum, Rate Floor, OTARD Rules, And Other Items At April Open Meeting

March 22, 2019 – FCC Chairman Ajit Pai has announced the following tentative agenda for the FCC’s April 12th open meeting:

Rate Floor – The FCC will consider a Report and Order that would eliminate the high-cost program’s rate floor rule and end the federal mandate that raises the telephone rates paid by many rural Americans. (WC Docket No. 10-90)

5G Incentive Auction Public Notice – The FCC will consider a Public Notice seeking comment on procedures for the incentive auction of Upper Microwave Flexible Use Licenses in the Upper 37 GHz, 39 GHz, and 47 GHz Bands (Auction 103) for Next Generation Wireless Services. (AU Docket 19-59)

37 GHz & 50 GHz Spectrum Band Rules – The FCC will consider a Report and Order that would allow Fixed-Satellite Service earth stations to be individually licensed to transmit in the 50 GHz band and would establish a process for the Department of Defense to operate on a shared basis in the Upper 37 GHz band in limited circumstances. (GN Docket No. 14-177)

Fixed Wireless Infrastructure OTARD Rules – The FCC will consider a Notice of Proposed Rulemaking that proposes to modernize the Commission’s rule for over-the-air-reception devices (OTARD) to facilitate the deployment of modern fixed wireless infrastructure. (WT Docket No. 19-71)

Channel Lineup Requirements – The FCC will consider a Report and Order that would eliminate the requirement that cable operators maintain a channel lineup at their local office and would eliminate the requirement that certain cable operators make their channel lineup available via their online public inspection file. (MB Docket Nos. 18-92, 17-105)

USTelecom Partial Forbearance – The Commission will consider a Memorandum Opinion and Order that would grant forbearance to Bell Operating Companies and independent incumbent carriers from certain unnecessary and outdated structural and nondiscrimination requirements. (WC Docket No. 18-141)

The FCC’s April 12, 2019 open meeting is scheduled to start at 10:30 a.m. EDT in the Commission Meeting Room (Room TW-C305) of the Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. The meeting is open to the public, and will be streamed live online at www.fcc.gov/live.

FCC Imposes $2.32 Million Penalty For Slamming And Cramming

March 21, 2019 – The FCC has adopted a Forfeiture Order imposing a penalty of $2,320,000 against Long Distance Consolidated Billing Company for changing consumers’ long distance carriers without proper authorization – slamming – and charging consumers for services they never authorized – cramming. The FCC’s Enforcement Bureau began investigating Long Distance Consolidated Billing Company after receiving and reviewing more than 70 complaints filed against the company. The Enforcement Bureau’s investigation not only showed the company engaged in slamming and cramming, but also led the Bureau to conclude that Long Distance Consolidated Billing Company’s telemarketers engaged in deceptive marketing practices by impersonating consumers’ existing long distance carriers and misrepresenting the true nature of their sales calls. The FCC’s Notice of Apparent Liability for Forfeiture originally proposed a penalty of $2.4 million. However, two of the slamming violations occurred outside of the FCC’s one-year statute of limitations period, thereby reducing the penalty to $2.32 million.

FCC Orders Revise Unlicensed White Space Device Rules

March 20, 2019 – The FCC has released a Report and Order and Order on Reconsideration which revise its rules for unlicensed white space devices. In the Report and Order, the FCC revises rules to improve the accuracy and reliability of fixed white space device data recorded in white space databases and assure that the potential for those devices to cause interference to protected services is minimized. In the Order on Reconsideration, the FCC modifies white space device antenna height rules to allow improved broadband coverage in rural areas, and resolves certain outstanding white space reconsideration issues.

Court Strips ISP Grande Communications Of DMCA Safe Harbor

March 15, 2019 – The U.S. District Court for the Western District of Texas has ruled that Internet service provider Grande Communications Networks, LLC is not eligible for a safe harbor defense under the Digital Millennium Copyright Act (DMCA). In April 2017, a group of major record labels filed a lawsuit against Grande Communications alleging Grande is secondarily liable for copyright infringement. The record company plaintiffs allege Grande allowed its broadband subscribers to repeatedly infringe the record companies’ copyrighted material using BitTorrent and other file sharing applications. In an August 2018 motion for summary judgment, the record companies asked the court to strip Grande of a DMCA safe harbor defense, arguing Grande does not terminate broadband subscribers who are repeat copyright infringers. In order for an ISP to be eligible for a safe harbor defense under the DMCA, it must adopt and reasonably implement a policy that provides for the termination in appropriate circumstances of subscribers and account holders who are repeat infringers. In the March 2019 summary judgment Order, the court stripped Grande of its DMCA safe harbor defense, finding Grande had adopted a repeat infringer policy, but failed to implement it because Grande never actually terminated subscribers for repeated copyright infringement. The court said “the evidence is clear that from at least 2011 until 2016 Grande had no internal policy or procedures whatsoever to enforce their forward facing statement that they would terminate customers for repeat infringements.” The case now moves to trial, where the record companies are seeking statutory damages for over one million instances of copyright infringement by Grande subscribers.

New Rural Call Completion Rules Impose Service Quality Standards On Intermediate Providers

March 15, 2019 – The FCC has adopted a Fourth Report and Order revising its rural call completion rules and continuing its implementation of the Improving Rural Call Quality and Reliability Act of 2017. In the order, the FCC adopts service quality standards for intermediate providers that are intended to complement existing rules that apply to covered providers. Additionally, the FCC will sunset its remaining call data recording and retention rules one year after the new service quality standards become effective.

FCC Proposes Vertical Metric For E911 Wireless Location Accuracy Rules

March 15, 2019 – The FCC has issued a Further Notice of Proposed Rulemaking that seeks comment on adding a vertical, or z-axis, location accuracy metric to the FCC’s E911 wireless location accuracy rules. If adopted, the proposed rules “would assist 911 call centers in identifying the floor level where the 911 call occurred, which can reduce emergency response times and ultimately save lives.” In the FNPRM, the FCC proposes a z-axis metric of 3 meters relative to the handset for 80% of wireless E911 calls for each of the benchmarks and geographic requirements previously established in the FCC’s E911 wireless location accuracy rules. Under this proposal, by April 3, 2021, nationwide cell phone service providers would be required to deploy in each of the top 25 Cellular Market Areas either dispatchable location or z-axis technology in compliance with the 3-meter metric. In Cellular Market Areas where z-axis technology is used, nationwide providers would be required to deploy z-axis technology to cover 80% of the Cellular Market Area population. By April 3, 2023, these requirements would be expanded to cover each of the top 50 Cellular Market Areas. Non-nationwide cell phone service providers that serve any of the top 25 or 50 Cellular Market Areas would continue to have an additional year to meet each of these benchmarks in the relevant Cellular Market Area. Comments are due 45 days from the date the FNPRM is published in the Federal Register, and reply comments are due 75 days from publication.

USF Contribution Factor for 2Q 2019 Will Be 18.8 Percent

March 13, 2019 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the second quarter of 2019 will be 18.8 percent. This is a slight decrease from the 20 percent contribution factor that was used for the first quarter of 2019. To provide perspective, below are the universal service contribution factors for 2018-2016:

• 2018: Q1-19.5; Q2-18.4; Q3-17.9; Q4-20.1

• 2018 Average: 18.97

• 2017: Q1-16.7; Q2-17.4; Q3-17.1; Q4-18.8

• 2017 Average: 17.5

• 2016: Q1-18.2; Q2-17.9; Q3-17.9; Q4-17.4

• 2016 Average: 17.85

For the second quarter of 2019, the Universal Service Administrative Company (USAC) projects $12.266 billion in total interstate and international end-user telecommunications revenues will be collected. USAC estimates that $1.921370 billion will be needed to cover the total demand and expenses for all Federal universal service support mechanisms. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

FCC To Hold Open Meeting On March 15

March 8, 2019 – The FCC will hold an Open Meeting on Friday March 15, 2019, and will consider the following seven items:

• Spectrum Horizons – The FCC will consider a First Report and Order that would adopt rules to make available 21.2 GHz of spectrum above 95 GHz for unlicensed operations and create a new class of experimental licenses for the 95 GHz to 3 THz spectrum range. (ET Docket No. 18-21; RM-11795)

• Expanding Broadband to the 900 MHz Band (Review of the Commission’s Rules Governing the 896-901/935-940 MHz Band) – The FCC will consider a Notice of Proposed Rulemaking that would propose to reconfigure the 900 MHz band to create a broadband segment to facilitate technologies and services for a wide variety of businesses, including critical infrastructure, as well as seek comment on various transition mechanisms to achieve this goal. (WT Docket No. 17-200)

• Wireless E911 Location Accuracy Requirements – The FCC will consider a Fourth Further Notice of Proposed Rulemaking that proposes a vertical, or z-axis, location accuracy metric in connection with wireless E911 calls. (PS Docket No. 07-114)

• LPTV, TV Translator, and FM Broadcast Station Reimbursement – The FCC will consider a Report and Order that implements Congress’s directive in the Reimbursement Expansion Act that the Commission reimburse certain low power television, television translator, and FM broadcast stations for costs incurred as a result of the Commission’s broadcast television spectrum incentive auction. (MB Docket No. 19-214, GN Docket No. 12-268)

• Reauthorizing Television Satellite Stations (Streamlined Reauthorization Procedures for Assigned or Transferred Television Satellite Stations; Modernization of Media Regulation Initiative) – The FCC will consider a Report and Order that streamlines the reauthorization process for television satellite stations when they are assigned or transferred. (MB Docket Nos. 18-63, 17-105)

• Partitioning, Disaggregation, and Leasing of Spectrum – The FCC will consider a Notice of Proposed Rulemaking that would explore how potential changes to our partitioning, disaggregation, and leasing rules might better close the digital divide and increase spectrum access by small and rural carriers, fulfilling the Commission’s requirement under the MOBILE NOW Act. (WT Docket No. 19-38)

• Rural Call Completion – The FCC will consider a Fourth Report and Order to implement the Improving Rural Call Quality and Reliability Act of 2017 by establishing service quality standards for intermediate providers.  (WC Docket No. 13-39)

The meeting is scheduled to start at 10:30 a.m. EDT in the Commission Meeting Room at the FCC Headquarters, 445 12th Street, S.W., Washington, D.C. The meeting will be streamed live online at www.fcc.gov/live.

FCC Commissioner Asks USAC For Information On E-Rate Overbuilds

March 7, 2019 – FCC Commissioner Michael O’Rielly has asked the Universal Service Administrative Company (USAC) to provide detailed information on the extent to which E-Rate participants have applied for or used E-Rate funding to overbuild existing fiber networks that are supported by the universal service fund. Currently, the FCC’s E-Rate rules allow schools, libraries, and consortia to construct their own broadband networks when self-construction is the most cost-effective solution to obtaining high-speed Internet access. In his letter to USAC, Commissioner O’Rielly notes that he became concerned about overbuilding after learning about proposals made by regional-based educational consortia to construct wide area networks that would provide Internet access to certain school regions in Texas. Those projects have been approved for funding even though there are multiple fiber-based broadband providers capable of serving individual schools within each region. Commissioner O’Rielly has asked USAC to provide answers, no later than April 1, 2019, to seven specific questions concerning the use of E-Rate funds to construct broadband networks.

Verizon Seeking Waiver Of Handset Locking Rule, Comments Due April 4th

March 5, 2019 – The FCC’s Wireless Telecommunications Bureau is seeking comment on a petition for declaratory ruling, or in the alternative a petition for a partial waiver, filed by Verizon regarding Section 27.16(e) of the FCC’s 700 MHz C Block licensing rules, more commonly referred to as the handset locking rule. Comments on Verizon’s petition are due on or before April 4, 2019, and reply comments are due April 19, 2019. Section 27.16(e) of the FCC’s rules provides that no C Block licensee may disable features on handsets it provides to customers or configure handsets it provides to prohibit use of such handsets on other providers’ networks. As explained in its filing, Verizon is seeking the requested relief “to better protect its customers and itself from identity theft and related forms of handset fraud – large and growing problems that significantly harm legitimate customers who are the primary victims of these crimes.” Verizon wants to be able to place a temporary, 60-day lock on 4G LTE handsets it sells to ensure they are purchased by a bona fide customer. Devices would then be automatically unlocked by Verizon at the end of the 60-day period, regardless of whether a device has been fully paid off by that time.

DOJ Seeks Injunction To Stop Pirate Radio In Worcester Massachusetts

March 5, 2019 – The U.S. Department of Justice has filed a civil action seeking an injunction to prevent an unlicensed radio station from operating in Worcester, Massachusetts. The DOJ’s complaint was filed against Vasco Oburoni and Christian Praise International Church for operating a radio broadcast station on frequency 97.1 MHz without a license from the FCC. The DOJ further alleges that Oburoni and the Church previously operated an unlicensed radio station on frequency 102.3 MHz, causing the FCC to issue a forfeiture order in the amount of $15,000 against Oburoni for repeated violation of the Communications Act. The Communications Act of 1934 authorizes the Department of Justice, at the request of the FCC, to seek an injunction ordering compliance with the Communications Act against operators broadcasting without an FCC license.

CSRIC To Consider Reports On NG911 And Security Risks To Current IP-Based Protocols At March 8th Meeting

March 4, 2019 – The FCC’s Communications Security, Reliability, and Interoperability Council (CSRIC) will meet Friday, March 8, 2019, at 1:00 p.m. at the FCC Headquarters in Washington, DC. During the meeting, CSRIC members will consider and vote on a Report on NG911 Best Practices Version 2.0 by Working Group 1 (Transition Path to NG911), and a Report on Best Practices and Recommendations to Mitigate Security Risks to Current IP-based Protocols by Working Group 3 (Network Reliability and Security Risk Reduction). The meeting is open to the public and will be streamed live online at www.fcc.gov/live.

FCC Declares SDN’s Tariffed Interstate Switched Access Rate Unlawful

March 1, 2019 – The FCC has issued a Memorandum Opinion and Order concluding an investigation into the lawfulness of tariff revisions filed by centralized equal access (CEA) service provider South Dakota Network, LLC (SDN) on September 17, 2018. In the order, the FCC concluded that SDN did not properly calculate its CEA switched access rate as required by the FCC’s benchmark rule and recent FCC precedent. First, the FCC determined that the benchmark rate applicable to SDN’s tariffed interstate switched access service is $0.002288 per minute of use, the tandem switching rate charged by CenturyLink in South Dakota. The FCC then concluded SDN’s tariffed rate of $0.004871 per minute of use is unlawful because it exceeds the applicable benchmark rate. As a result, SDN must file, within the next 60 days, a revised tariff that includes the allowable competitive LEC benchmark rate of $0.002288 per minute of use. Additionally, the FCC directed the Wireline Competition Bureau to determine any refunds that may be required once SDN’s revised rates are effective.

FTC Event On Broadband Competition And Consumer Protection Set For March 20th

February 28, 2019 – The Federal Trade Commission (FTC) will hold a public hearing on competition and consumer protection issues in broadband markets on March 20, 2019, the tenth session of its Hearings Initiative. The overall purpose of the hearing is to examine developments in U.S. broadband markets, technology, and law since the FTC staff’s 2007 Broadband Connectivity Competition Policy report and the FTC staff’s 1996 Competition Policy in the New High-Tech, Global Marketplace report. During the all-day event, participants will discuss the following topics: (i) the evolution of broadband networking and broadband markets since the FTC’s 2007 Broadband Report; (ii) the identification and evaluation of advertising claims by Internet service providers with respect to the delivery speed of content; and (iii) the identification and evaluation of conduct by broadband market participants that may be exclusionary or anticompetitive. The event is open to the public, and will be held at the Constitution Center, located at 400 7th Street SW, Washington, DC 20024.

FCC Ready To Authorize CAF II Auction Support For 962 Winning Bids

February 27, 2019 – The FCC has announced it is ready to authorize Connect America Fund Phase II auction support for 962 winning bids made by 27 entities that filed post-auction long-form applications. However, the authorizations of support are subject to the submission of (1) an irrevocable stand-by letter of credit, and (2) a Bankruptcy Code opinion letter. More specifically, each of the 27 long-form applicants must provide the FCC with a separate letter of credit for each state where the applicant has winning bids that are ready to be authorized in an amount equal to at least the first year of support in the state. And, each applicant must submit “an opinion letter from legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that, in a proceeding under the Bankruptcy Code, the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the long-form applicant’s bankruptcy estate, or the bankruptcy estate of any other bidder-related entity requesting issuance of the letter of credit, under section 541 of the Bankruptcy Code.”

Letters of credit and bankruptcy opinion letters must be submitted to the FCC prior to 6:00 p.m. ET on Wednesday, March 13, 2019. Any long-form applicant that fails to file the required documents for any of its winning bids by the deadline will be in default on such bids and subject to forfeiture.

There were 103 winning bidders in the CAF II auction, and after some of them assigned all or part of their winning bids to related entities, a total of 134 companies filed CAF II auction long-form applications. FCC staff is continuing to review information submitted by other long-form applicants, and will make decisions on those applications on a rolling basis.

FCC Announces 38 Applicants Qualified To Bid In 24 GHz Spectrum Auction

February 27, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that 38 applicants are qualified to bid in Auction 102. A total of 22 applicants were deemed not qualified to participate. The list of qualified bidders is available here, and the list of not qualified applicants is available here. In Auction 102, the FCC will offer 2,909 Upper Microwave Flexible Use Service licenses in the 24 GHz Band – 24.25–24.45 and 24.75–25.25 GHz. Bidding in the clock phase of Auction 102 is scheduled to begin on March 14, 2019. Additional information on Auction 102 procedures, bidding instructions, and continuing obligations for qualified and not qualified Auction 102 applicants can be found in the Wireless Bureau’s Public Notice.

FCC Releases Revised A-CAM Offers, Sets March 27 Deadline To Accept

February 25, 2019 – The FCC’s Wireline Competition Bureau has announced  revised offers of Alternative Connect America Cost Model (A-CAM) support and associated revised deployment obligations for the 262 carriers that have already been authorized to receive A-CAM. These carriers have until March 27, 2019, to notify the FCC whether they accept the revised amount of model-based support. Each carrier’s revised state-level offer of model-based support and revised deployment obligations are detailed in A-CAM Report 14. Carriers should submit their election letters to the Bureau at ConnectAmerica@fcc.gov. If a carrier fails to submit an election letter by the March 27th deadline, it will be deemed to have declined the revised offer.

Agenda For March FCC Meeting Includes Spectrum and E911 Location Items

February 22, 2019 – FCC Chairman Ajit Pai has announced the following tentative agenda for the FCC’s March 15 open meeting:

• Spectrum Horizons – The FCC will consider a First Report and Order that would adopt rules to make available 21.2 GHz of spectrum above 95 GHz for unlicensed operations and create a new class of experimental licenses for the 95 GHz to 3 THz spectrum range. (ET Docket No. 18-21; RM-11795)

• Expanding Broadband to the 900 MHz Band – The FCC will consider a Notice of Proposed Rulemaking that would propose to reconfigure the 900 MHz band to create a broadband segment to facilitate technologies and services for a wide variety of businesses, including critical infrastructure, as well as seek comment on various transition mechanisms to achieve this goal. (WT Docket No. 17-200)

• Wireless E911 Location Accuracy Requirements – The FCC will consider a Fourth Further Notice of Proposed Rulemaking that proposes a vertical, or z-axis, location accuracy metric in connection with wireless E911 calls. (PS Docket No. 07-114)

• LPTV, TV Translator, and FM Broadcast Station Reimbursement – The FCC will consider a Report and Order that implements Congress’s directive in the Reimbursement Expansion Act that the Commission reimburse certain low power television, television translator, and FM broadcast stations for costs incurred as a result of the Commission’s broadcast television spectrum incentive auction. (MB Docket No. 19-214, GN Docket No. 12-268)

• Reauthorizing Television Satellite Stations – The FCC will consider a Report and Order that streamlines the reauthorization process for television satellite stations when they are assigned or transferred. (MB Docket Nos. 18-63, 17-105)

• Partitioning, Disaggregation, and Leasing of Spectrum – The FCC will consider a Notice of Proposed Rulemaking that would explore how potential changes to our partitioning, disaggregation, and leasing rules might better close the digital divide and increase spectrum access by small and rural carriers, fulfilling the Commission’s requirement under the MOBILE NOW Act. (WT Docket No. 19-38)

• Rural Call Completion – The FCC will consider a Fourth Report and Order to implement the Improving Rural Call Quality and Reliability Act of 2017 by establishing service quality standards for intermediate providers.  (WC Docket No. 13-39)

The meeting is scheduled to start at 10:30 a.m. EDT in the Commission Meeting Room at the FCC Headquarters, 445 12th Street, S.W., Washington, D.C. The meeting will be streamed live online at www.fcc.gov/live.

Roku Releases 2018 Earnings, Ends 2018 With 27.1 Million Active Accounts

February 21, 2019 – Video streaming company Roku Inc. has released fourth quarter and fiscal year 2018 financial information. As set out in a letter to shareholders, Roku added 3.3 million incremental active accounts in the fourth quarter of 2018, and ended the year with 27.1 million active accounts. Roku added nearly 7.8 million incremental active accounts in 2018. The company claims “that nearly 1 in 5 U.S. TV households now use the Roku platform to stream at least a portion of their TV viewing,” and “more than one in four smart TVs sold in the U.S. were Roku TVs.” As for revenue in 2018, Roku’s total net revenue grew 45% year-over-year to $742.5 million, while platform revenue increased 85% year-over-year to $416.9 million. Roku’s average revenue per user increased by $4.17 to $17.95, on a trailing 12-month basis. Roku says it expects to reach $1 billion in revenues in 2019, or roughly 36% year-over-year growth, with platform revenue representing roughly two-thirds of total revenue.

FCC Seeking Comment On Two ETC Petitions Filed By CAF II Auction Winners

February 20, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on two separate petitions for designation as an eligible telecommunications carrier filed by CAF Phase II auction winners Redwire, Inc. and Viasat Carrier Services, Inc. Redwire, a Tribal entity owned by Otoe-Misouria Development Authority, is seeking ETC designation in 1,541 census blocks in Oklahoma. Viasat, a satellite broadband provider, is seeking ETC designation in 10,272 census blocks in Alabama, California, Florida, and West Virginia. Comments on either petition are due on or before March 6, 2019. Reply comments are due March 13, 2019.

Arkansas Legislature Approves Bill Allowing Cities To Provide Broadband Service

February 20, 2019 – The Arkansas state House of Representatives unanimously passed a bill to allow government entities to provide broadband Internet access service on their own or in cooperation with a private company. The bill, which amends the Telecommunications Regulatory Reform Act of 2013, was previously approved unanimously in the Arkansas Senate. It now heads to Arkansas Governor Asa Hutchinson, who is expected to sign the bill into law.

FCC Chairman Circulates Draft 2019 Broadband Deployment Report

February 19, 2019 – FCC Chairman Ajit Pai has circulated a draft 2019 Broadband Deployment Report to the other FCC commissioners for consideration. The report – based on data through the end of 2017 – shows that the number of Americans lacking access to a fixed broadband connection with speeds of at least 25/3 Mbps has dropped since the last report, from 26.1 million to 19.4 million. According to the FCC’s News Release, of the 6.7 million Americans that gained access to high-speed connections, approximately 5.6 million live in rural areas, where broadband deployment has traditionally lagged. The report shows that broadband providers deployed fiber to 5.9 million new homes in 2018, and overall, capital expenditures by broadband providers increased in 2017, reversing declines that occurred in both 2015 and 2016. Other key data points in the report include the following:

• The number of Americans with access to 100 /10 Mbps fixed broadband increased by nearly 20%, from 244.3 million to 290.9 million.

• The number of Americans with access to 250/50 Mbps fixed broadband grew by over 45%, to 205.2 million, and the number of rural Americans with access to such service more than doubled.

For the second year in a row, the report concludes that advanced telecommunications capability (broadband service) is being deployed to all Americans in a reasonable and timely fashion. The FCC is expected to vote on the report in the coming weeks.

FCC Explains Transition Of CAF Phase I Support In Areas Included In CAF II Auction

February 15, 2019 – The Federal Communications Commission has adopted a Report and Order that explains how the FCC will phase down Connect America Fund (CAF) Phase I frozen support in areas where price cap carriers declined the offer of model-based CAF Phase II support. Roughly seven years ago during the first phase of the CAF implementation, price cap carriers’ high-cost support amounts were frozen, and each carrier was offered CAF II support on a state-wide basis. If a carrier turned down CAF II support, its areas were included in the CAF II auction, which closed in August 2018. The next step is to transition legacy support – for price cap carriers and fixed competitive ETCs – prior to authorizing CAF Phase II auction support to winning bidders. For price cap carriers, the FCC’s Report and Order addresses how to allocate Phase I frozen support to areas won at auction, areas not eligible for the auction, and areas eligible but not won at auction:

For auction-eligible census blocks where price cap carriers receive CAF Phase I frozen support, starting the first day of the month following the authorization of Phase II auction support in a price cap carrier’s designated service area within a state, the price cap carrier’s legacy support will be (1) converted to Phase II support (for a winning price cap carrier bidder); (2) maintained for an interim period (for the price cap carrier in areas without a winning bidder); or (3) eliminated (for price cap carriers in areas won by another carrier).

For fixed competitive ETCs, their legacy support will be erased over two years, beginning on the first day of the month immediately following the first authorization of any Phase II auction support. They will receive support equal to two-thirds of their total legacy support for the first 12 months and one-third over the following 12 months.

Pleading Cycle Set For Nextstar-Tribune Merger

February 14, 2019 – The FCC’s Media Bureau has announced the pleading cycle for the applications seeking FCC consent to transfer control of Tribune Media Company to Nexstar Media Group, Inc. In November 2018, the parties entered into an agreement in which Nexstar will acquire all outstanding equity interests of Tribune in an all cash transaction. Titan Merger Sub, Inc., a wholly-owned subsidiary of Nexstar, will merge with and into Tribune, with Tribune continuing as the surviving corporation, and Tribune will become a wholly-owned subsidiary of Nexstar. As part of the transaction, the parties are seeking FCC consent to the transfer of control of licenses for full-power broadcast television stations (and related broadcast auxiliary facilities), low-power television stations, TV translator stations, and radio stations. The applications for transfer of control of licenses have been accepted for filing upon initial review. Interested persons must file petitions to deny no later than March 18, 2019. Oppositions to petitions to deny must be filed no later than April 2, 2019. Replies must be filed no later than April 9, 2019. Persons and entities that file petitions to deny become parties to the proceeding.

Markey And Eshoo Introduce Truth-In-Billing Legislation

February 14, 2019 – U.S. Senator Edward Markey (D-MA) and Congresswoman Anna Eshoo (D-CA) have introduced the Truth-in-Billing, Remedies, and User Empowerment over Fees (“TRUE Fees”) Act of 2019 in the Senate and U.S. House of Representatives, respectively. According to a press release announcing the legislation, the TRUE Fees Act, if passed, would require phone, cable, and Internet service providers to include fees, charges, and surcharges in the prices they advertise for services. Also, the bill would require service providers to give customers 21 days’ notice of any service fee increases; allow customers to end their service contracts without early termination fees if their provider increases prices; prevent increases on equipment fees unless providers improve the applicable equipment; and prohibit forced arbitration clauses for wrongful billing errors. The TRUE Fees Act has been endorsed by the following consumer interest organizations: National Consumer Law Center, on behalf of its low-income clients; Consumer Reports; Consumer Federation of America; and Public Knowledge. Representative Eshoo introduced identical legislation during the 115th Congress without success.

NTIA Will Work With 8 States To Improve Broadband Availability Map

February 12, 2019 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) has announced it is working with eight states – California, Maine, Massachusetts, Minnesota, North Carolina, Tennessee, Utah, and West Virginia – to update the national broadband availability map. The Consolidated Appropriations Act of 2018 allocated $7.5 million to NTIA to update the national broadband availability map in coordination with the FCC and using existing state partnerships. The initial eight states were chosen because they reflect geographic diversity, have active state broadband plans or programs, and were willing to contribute data that can be combined with nationwide data sources. According to its press release, NTIA expects to seek future participation from additional states, territories and federally recognized tribes that have broadband programs or related data-collection efforts.

President Trump Issues Executive Order Creating Artificial Intelligence Initiative

February 12, 2019 – President Trump has issued an Executive Order creating the American artificial intelligence initiative (AI Initiative), a federal government strategy to sustain and enhance U.S. scientific, technological, and economic leadership in AI research, development, and deployment. The AI Initiative will be carried out by federal agencies that are involved with developing and deploying AI (implementing agencies), and will be coordinated through the National Science and Technology Council (NSTC) Select Committee on Artificial Intelligence. Among other things, the Executive Order issues the following commands:

Directs the heads of implementing agencies that also perform or fund AI research and development to budget for and make AI a priority.

Directs federal agencies to increase access and use of data and computing resources for AI research and development.

Directs the National Institute of Standards and Technology (NIST) to issue, within 180 days, a plan for Federal engagement in the development of technical standards and related tools in support of reliable, robust, and trustworthy systems that use AI technologies.

Directs implementing agencies to pursue six strategic objectives in furtherance of both promoting and protecting advancements in AI, including reducing barriers to the use of AI technologies and training the next generation of American AI researchers.

FCC Announces Process For Relicensing 700 MHz Spectrum In Unserved Areas

February 12, 2019 – The FCC’s Wireless Telecommunications Bureau has issued a Public Notice detailing the process for relicensing 700 MHz band spectrum in areas where licensees fail to meet the final construction benchmark. Spectrum licenses in the 700 MHz band have interim and end-of-term construction benchmarks, and are subject to the FCC’s “keep-what-you-serve” rules. The end-of-term construction benchmark for Lower A and B and Upper C block licenses must be met by June 13, 2019, while the deadline for Lower E block licenses is March 7, 2021. Prior to the applicable deadline, licensees must file coverage maps and supporting documents showing they have met the end-of-term coverage requirement, or demonstrating their level of non-compliance. The FCC’s keep-what-you-serve rules require a licensee to return the geographic portion of its license that it fails to serve. The Wireless Bureau will evaluate shapefiles submitted by licensees that failed to achieve their required coverage and determine the unserved areas of each market that will be available for relicensing. Following a public review period, there will be a two-phase application process for relicensing unserved areas, starting with a 30-day Phase 1 filing window, and then a Phase 2 rolling window. Applications must be filed via ULS, and include a shapefile describing the desired license area.

New FCC Process For Reporting Changes To Antenna Structure Ownership

February 11, 2019 – The FCC has revised its Antenna Structure Registration System (ASR) by implementing a new two-step process for reporting changes in ownership of towers and other structures. Under the new ownership change application process, both the assignor (current owner of tower or structure) and the assignee (new owner) must log into the ASR, complete their respective portions of the application, and provide the signature of an authorized person. To prevent unauthorized changes, both the current owner and the new owner of an antenna structure will be required to approve any change in ownership registration. The change will be implemented on February 14, 2019.

GAO Releases Report On Oversight Of Internet Privacy

February 10, 2019 – The U.S. Government Accountability Office (GAO) has released a report on Internet privacy. The GAO report discusses: (1) the benefits and concerns associated with the collection of Internet users’ personal information for commercial purposes; (2) oversight of Internet privacy by the FTC and FCC; and (3) stakeholder views on the strengths and limitations of Internet privacy oversight, and how the current approach could be enhanced. As shown in the report, Internet industry stakeholders interviewed by GAO had varied opinions on Internet privacy and how it could be enhanced, but most said they favored the FTC’s current approach – direct enforcement using unfair and deceptive practices statutory authority, rather than promulgating and enforcing regulations. Some stakeholders, however, suggested the creation of a new data-protection agency to oversee consumer privacy. According to the GAO, Internet stakeholders generally identified three main ways in which Internet privacy oversight could be enhanced:

1. Federal Privacy Statute – some stakeholders said an overarching Internet privacy statute could enhance consumer protection by clearly articulating to consumers, industry, and agencies what behaviors are prohibited.

2. Rulemaking – some stakeholders said that regulations can provide clarity, enforcement fairness, and flexibility.

3. FTC Civil Penalty Authority – some stakeholders said the FTC’s Internet privacy enforcement could be more effective if it had authority to levy civil penalties for first-time violations of the FTC Act.

The GAO report was issued in response to a request by Congressman Frank Pallone, Jr. (D-NJ) “to examine issues related to federal oversight of Internet privacy,” in the wake of numerous high-profile privacy violations over the past few years, such as the 2018 Facebook-Cambridge Analytica scandal.

FCC February 14th Open Meeting

February 7, 2019 – The Federal Communications Commission will hold its next open meeting on Thursday, February 14, 2019 at 10:30 a.m. EST. The final agenda contains the following five items:

• (1) Transitioning to CAF Phase II Auction Support in Price Cap Areas – The FCC will consider a Report and Order establishing a schedule to end Connect America Fund (CAF) Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WC Docket No. 10-90)

• (2) Licensing Noncommercial Educational Broadcast and Low Power FM Stations – The FCC will consider a Notice of Proposed Rulemaking proposing revisions to the Commission’s NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)

• (3) Elimination of Form 397 – The FCC will consider a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the FCC’s rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)

• (4) Internet Protocol Captioned Telephone Service – The FCC will consider a Report and Order, Further Notice of Proposed Rulemaking, and Order adopting some measures, and seeking comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123)

• (5) Anti-Spoofing Provisions of the RAY BAUM’S Act – The FCC will consider a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-355, 11-39)

Senators Want FCC To Investigate Throttling Practices Of Major Wireless Providers

February 6, 2019 – Three U.S. Senators have asked the FCC investigate allegations that the four nationwide mobile wireless providers are throttling and prioritizing Internet traffic without disclosing the practices to their customers – a potential violation of the FCC’s broadband transparency rules. Senators Edward Markey (D-MA), Ron Wyden (D-OR), and Richard Blumenthal (D-CT) made the request in a letter to FCC Chairman Ajit Pai. The Senators state that a recent study found that the largest wireless providers are slowing Internet traffic to and from popular apps like YouTube and Netflix. The Senators also note that they previously wrote to the four major U.S. wireless providers in November 2018 to express their concern that the providers were not properly informing customers and third-party video providers about throttling practices. Responses from that inquiry, however, did not alleviate their concern. Accordingly, the Senators want the FCC to investigate. In their letter, the Senators have asked Chairman Pai to let them know by February 27, 2019 whether the FCC will investigate AT&T, T-Mobile, Sprint, and Verizon’s video-streaming policies and the carriers’ disclosures to their customers about the policies.

FCC Seeking Comment On NECA Average Schedule Formulas

February 6, 2019 – The FCC’s Wireline Competition Bureau is seeking comment the National Exchange Carrier Association, Inc.’s (NECA) proposed modification of average schedule formulas. Average schedule companies are one of the two types of incumbent local exchange carriers that fall under rate-of-return regulation. The other category is cost companies. They file cost studies detailing their spending, regulated and unregulated costs, and compliance with FCC regulations, all of which support their universal service fund support disbursements. Average schedule companies are smaller rate-of-return carriers that estimate some or all of their costs through the use of an “average schedule,” instead of filing a company-specific cost study, which can be extremely burdensome and expensive. NECA is required either to file revised average schedule formulas annually by December 31 or certify that no revisions are necessary. On December 20, 2018, NECA proposed to revise the formulas for average schedule interstate settlement disbursements in connection with the provision of interstate access services for the period beginning July 1, 2019, through June 30, 2020. Comments on NECA’s proposed revisions are due on or before March 8, 2019. Reply comments are due March 25, 2019.

U.S. Dept. of Agriculture Releases e-Connectivity Toolkit

February 6, 2019 – The U.S. Department of Agriculture has released an e-Connectivity Toolkit to help support the deployment of broadband access in rural communities. The e-Connectivity Toolkit – it is free and available to the public online – provides information on the 27 USDA programs that are being used to increase broadband deployment. It can used by potential USDA ReConnect Program applicants to locate resources the federal government offers related to planning and constructing broadband networks.

Senate Commerce Committee To Hold February 27 Hearing On Federal Data Privacy Framework

February 5, 2019 – The Senate Committee on Commerce, Science, and Transportation has announced it will convene a hearing titled, “Policy Principles for a Federal Data Privacy Framework in the United States,” at 10:00 a.m. on Wednesday, February 27, 2019. The hearing will examine what Congress should do to address risks to consumers and implement data privacy protections for all Americans. In the notice announcing the hearing, Committee Chairman Roger Wicker (R-MS) stated he hopes the hearing “will offer valuable insights that will help set the stage for meaningful bipartisan legislation.” Witnesses have not been announced.

New FCC Fraud Division Will Police Universal Service Fund Programs

February 4, 2019 – The FCC will create a fraud division within its Enforcement Bureau to investigate and prosecute fraud, waste, and abuse in the four universal service fund programs. According to the FCC’s announcement of the decision, the new fraud division will work closely with the FCC’s Office of Inspector General, the U.S. Department of Justice, and other law enforcement agencies. The fraud division will be established following review and approval by the Office of Management and Budget and the House and Senate Appropriations Committees.

Representative Pallone Introduces Stopping Bad Robocalls Act

February 4, 2019 – Representative Frank Pallone, Jr. (D-NJ), Chairman of the House Committee on Energy and Commerce, has reintroduced the Stopping Bad Robocalls Act (HR 946) in the U.S. House of Representatives. According to the press release announcing the legislation, the Stopping Bad Robocalls Act would curb the rise of robocalls by:

• Amending the Telephone Consumer Protection Act (TCPA) to ensure that the FCC has the authority and the tools to take strong, quick action when they track down robocallers;

• Allowing consumers to revoke consent they had previously given to receive calls at any time and in any reasonable manner;

• Codifying a reassigned number database to put robocallers on notice when a telephone number they may have previously been authorized to call has been given to a new customer who has not authorized their call;

• Limiting the number of robocalls exempted from the TCPA under the FCC’s rules;

• Requiring calls to have verified caller identification information associated with a call before the call can be put through; and

• Extending the statute of limitations from one year to four years for callers violating robocall prohibitions. 

Representative Pallone introduced the same legislation in the 115th Congress without success.

Copyright Office Announces April 8 Roundtable Event On DMCA Safe Harbor Provisions

February 1, 2019 – The U.S. Copyright Office has announced it will hold a one-day public roundtable event as part of an ongoing effort to evaluate the impact and effectiveness of the Copyright Act’s safe harbor provisions for online service providers. The event will be held on April 8, 2019, from 9:00 a.m. to 5:00 p.m. at the Library of Congress Madison Building, 101 Independence Avenue SE, Washington, DC 20540. The Copyright Office launched a review of the Section 512 safe harbor provisions in 2016 by releasing a notice of inquiry that sought public comment on 30 questions grouped into eight categories. A second notice of inquiry followed, along with public roundtable events in New York City and Stanford, California. The April 8, 2019 roundtable in DC will focus on relevant domestic and international developments that have occurred since the close of the second notice of inquiry comment period on February 6, 2017. Additional information on the Copyright Office’s review of Section 512, as well as comments filed in response to the notices of inquiry are available online.

HHS Updates Federal Poverty Guidelines, Lifeline Providers Advised To Update Forms

February 1, 2019 – The U.S. Department of Health and Human Services has published the 2019 Federal Poverty Guidelines. There are three separate sets of guidelines: the 48 contiguous U.S. states and the District of Columbia; Alaska; and Hawaii. Under the FCC’s rules for the Lifeline program, consumers qualify for Lifeline benefits if their gross annual household income is at or below 135% of the Federal Poverty Guidelines. The Universal Service Administrative Company (USAC) has updated the National Lifeline Eligibility Verifier web portal application and paper application to reflect the 2019 poverty guidelines. Lifeline service providers have 30 days from February 5, 2019, to update their Lifeline application forms and systems. However, USAC advises those Lifeline providers that have state-issued forms to follow their state’s guidance.

24 GHz Band Auction 102 Upfront Payments Due February 19th

January 31, 2019 – The FCC has announced that the upfront payment deadline for Auction 102 – the auction of Upper Microwave Flexible Use Service licenses in the 24.25–24.45 and 24.75–25.25 GHz (24 GHz) band – is February 19, 2019, at 6:00 p.m. ET. The FCC’s Public Notice also sets the following remaining pre-auction dates and deadlines for Auction 102:

• Bidding Tutorial Available – No later than February 15, 2019

• Mock Auction – March 11, 2019

• Start of Bidding in Auction 102 – March 14, 2019

Unless otherwise noted by the FCC, all dates and deadlines set forth in the Public Notice will not be affected by any future government shutdown.

Mississippi Passes Law Allowing Electric Cooperatives To Provide Broadband

January 30, 2019 – The Mississippi legislature has passed a law allowing electric cooperatives to provide broadband Internet access service. The new law – the Mississippi Broadband Enabling Act – overturns a 75 year old law restricting member-owned electric companies from offering anything but electric service. Every electric cooperative in Mississippi is now authorized to establish one or more broadband affiliates that may construct, maintain, lease, and operate a broadband system on the electric cooperative’s electric delivery system and provide broadband services to the public. With passage of the law, Mississippi’s two dozen electric cooperatives will be able to apply for federal grants and loans available for rural broadband projects such as those offered under USDA’s ReConnect Program.

FCC Clarifies Filing Deadline Extensions

January 29, 2019 – The Federal Communications Commission has clarified and revised certain filing deadline extensions previously established following the reopening of the federal government. During the government shutdown, the FCC’s filing window, mail operations, and electronic filing systems were unavailable or unsupported. The FCC, on January 2 and January 28, extended the deadlines for filings that would have been due during the government shutdown. However, the FCC’s January 29 Public Notice supersedes the other extensions to the extent they are inconsistent with any deadlines or time periods set forth therein. The following extensions have been provided:

• Filings that were due between January 3 and January 7, inclusive, will be due on January 30, 2019.

• Filings that would otherwise be required to be filed between January 8 and February 7 will be due for filing on February 8, 2019.

The extensions do not apply to NORS and DIRS filings and filings related to spectrum auction activities authorized by Section 309(j), including the broadcast incentive auction. Additionally, the Public Notice states that FCC Bureaus and Offices may set additional deadlines for filings in specific proceedings or classes of proceedings, and FCC staff will consider requests for further extensions in individual matters as appropriate.

FCC Announces February 14th Open Meeting

January 29, 2019 – The Federal Communications Commission has announced that its February open meeting will take place on Thursday, February 14, 2019 at 10:30 a.m. EST. The tentative agenda contains the items that were originally scheduled for the January 2019 meeting but were withdrawn due to the government shutdown.

Transitioning to CAF Phase II Auction Support in Price Cap Areas – The FCC will consider a Report and Order establishing a schedule to end Connect America Fund (CAF) Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WC Docket No. 10-90)

Licensing Noncommercial Educational Broadcast and Low Power FM Stations – The FCC will consider a Notice of Proposed Rulemaking proposing revisions to the Commission’s NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)

Elimination of Form 397 – The FCC will consider a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the FCC’s rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)

Internet Protocol Captioned Telephone Service – The FCC will consider a Report and Order, Further Notice of Proposed Rulemaking, and Order adopting some measures, and seeking comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123) Anti-Spoofing Provisions of the RAY BAUM’S Act – The FCC will consider a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-355, 11-39)

FCC Extends Certain Filing Deadlines To January 30

January 28, 2019 – The Federal Communications Commission has extended certain filing deadlines to January 30th following the reopening of the federal government. During the shutdown, the FCC’s filing window, mail operations, and electronic filing systems were unavailable or unsupported. On January 2, 2019, the FCC announced that all filings that would have been due during the government shutdown would become due on the business day following the resumption of normal operations. However, the FCC has extended those deadlines by one additional day. Accordingly, deadlines for all filings that would have been due from January 3, 2019, through January 29, 2019, are now extended until January 30, 2019. The FCC also expects to issue further guidance on other revised filing deadlines.

Senators Urge FCC & FTC To Investigate Nationwide Wireless Providers Over The Sale Of Consumers’ Location Data

January 24, 2019 – A group of 15 U.S. Senators have written to the heads of the Federal Communications Commission and the Federal Trade Commission, urging them to investigate the sale of consumers’ location information data by mobile wireless carriers, location data aggregators, and other third parties. In late 2018, the New York Times and other media outlets reported that the four nationwide mobile wireless providers were selling their customers’ location data to third parties without the knowledge or consent of their customers. In response, AT&T, Sprint, T-Mobile, and Verizon publicly vowed to end the practice, but an article published in early January 2019 claimed three of the four wireless providers were still selling their customers’ location data. In their letter to the FCC and FTC, the 15 Senators state that the largest wireless providers have failed to regulate themselves or police the practices of their business partners, and call for a broad investigation of each wireless provider and their business relationships with location data aggregators.

28 GHz Band Auction Closes, Gross Bids Total $702 Million

January 24, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that Auction 101 has ended after 176 rounds. Gross bids totaled $702.57 million. Bidders won a total of 2,965 Upper Microwave Flexible Use Service licenses in the 28 GHz band. A forthcoming public notice will specify future deadlines for upfront payments and long-form applications, and will provide details for other post-auction procedures. The identities of Auction 101 winning bidders will remain non-public until after the close of bidding in Auction 102 (24 GHz auction).

FCC To Conduct January 30 Open Meeting Via Conference Call

January 23, 2019 – The FCC has announced it will hold an open meeting on Wednesday, January 30, 2019. However, due to the current partial lapse in appropriations, the meeting will be conducted via conference call, and the items previously set forth in the January 3, 2019 tentative agenda will not be considered. Meeting participants can listen to the audio only of the meeting by calling 1-866-233-3841 and using pass code 463377, but capacity may be limited. Callers may call in up to ten minutes before the scheduled meeting time.

Court Of Appeals Announces Oral Argument Format For Net Neutrality Challenge

January 23, 2019 – The U.S. Court of Appeals for the District of Columbia Circuit has released the oral argument format for Mozilla Corporation v. FCC, the judicial challenge to the FCC’s Restoring Internet Freedom Order which repealed net neutrality rules. The Court has apportioned the 150 minute argument to cover the various issues as follows:

• Non-Government Petitioners will have 50 minutes to address reclassification, Section 706, and competition (25 min), and Administrative Procedure Act, Section 257, and mobile broadband service (25 min).

• Government Petitioners will have 25 minutes to address the FCC’s consideration of public safety and government services (10 min) and preemption of state law (15 min).

• Respondents will have 60 minutes for all issues.

• ISP Intervenors will have 15 minutes for all issues.

The oral argument is scheduled for Friday February 1, 2019, at 9:30 a.m. in Courtroom 20.

Senators Introduce Social Media Privacy and Consumer Rights Act

January 17, 2019– Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) have introduced the Social Media Privacy and Consumer Rights Act, a bipartisan bill aimed at protecting the privacy of consumers’ online data. If passed, the legislation would require online platforms such as Facebook, Twitter, Instagram, and any other platform that collects personal data of a user to use plain language to explain to consumers how their data is being used, allow consumers to opt out of certain data tracking and collection, and notify consumers of privacy violations within 72 hours of a breach. Senators Klobuchar and Kennedy introduced similar legislation during the 115th Congress, but the bill failed to advance out of the Senate Committee on Commerce, Science, and Transportation.

National Lifeline Eligibility Verifier Hard Launches In Five States

January 15, 2019 – The Universal Service Administrative Company has announced that the Lifeline program’s National Eligibility Verifier has hard launched in Guam, Hawaii, Idaho, New Hampshire, North Dakota, and South Dakota. Lifeline service providers in these states and Guam must use the National Verifier to check the eligibility of all applicants before enrolling them in the universal service Lifeline program. Additionally, consumers in these states and Guam can apply for Lifeline directly through the National Verifier online consumer portal or by mailing a paper application to the Lifeline Support Center. More information about the National Verifier is available online from USAC.

Nebraska Public Service Commission Investigating CenturyLink Outage

January 15, 2019 – The Nebraska Public Service Commission has opened an investigation into the nationwide outage experienced by CenturyLink on December 27th. The outage, which prevented consumers across the country from reaching 911 emergency services, disrupted 911 service in Nebraska. By opening an investigation, the Nebraska PSC intends to “develop further information on the impact of the outage in Nebraska,” in order to prevent such outages in the future and better respond outages that do occur. The Nebraska PSC also believes the investigation may help inform decisions on the best ways to implement next generation 911 networks in the state. In December 2018, FCC Chairman Ajit Pai announced that the FCC’s Public Safety and Homeland Security Bureau had launched an investigation into the nationwide outage experienced by CenturyLink.

Georgia Rep. Doug Collins Introduces Connect America Fund Accountability Act Of 2019

January 10, 2019 – Representative Doug Collins (R-GA) has introduced the Connect America Fund Accountability Act of 2019 (H.R. 427). The bill would require providers of fixed broadband service that receive universal service fund support “to include certain additional information in their speed and latency reports to the Federal Communications Commission.” Currently, broadband providers that receive universal service support are required to annually report on the speeds and latency provided to consumers within their service areas. In July 2018, the FCC’s Wireline Competition Bureau, the Wireless Telecommunications Bureau, and Office of Engineering and Technology released an Order setting a framework for measuring speed and latency performance for broadband providers. Representative Collins’ bill also directs the Universal Service Administrative Company, when determining whether to audit reports, to “consider the number and frequency of complaints submitted to the FCC for the broadband service of a carrier.”

FCC Reminder: Petitions For Reconsideration of CBRS Order Due January 7th

January 4, 2019 – The FCC has issued a Public Notice to remind interested parties that petitions for reconsideration of the FCC’s 3.5 GHz Report and Order are due on or before January 7, 2019. The 3.5 GHz Report and Order revised the service rules for the 3550-3700 MHz band to “ensure its potential use for 5G as well as other high-speed broadband technologies.” The 3.5 GHz band is commonly referred to as the Citizens Broadband Radio Service band.

Minnesota Department of Commerce Finds Frontier Violated At Least 35 Minnesota Laws And Utility Commission Rules

January 4, 2019 – The Minnesota Department of Commerce has issued a report on its investigation of Frontier Communications’ service quality, customer service, and billing practices. The investigation was requested by the Minnesota Public Utilities Commission  in April 2018. After reviewing approximately one thousand customer complaints, the Minnesota Department of Commerce concluded “it appears that Frontier has been violating at least 35 separate laws and rules that the [Public Utilities] Commission has clear authority to enforce through this regulatory proceeding.” In the conclusion of the report, the Minnesota Department of Commerce notes that, among other things, the Public Utilities Commission has the authority to revoke or temporarily suspend Frontier’s ability to provide service, but these are not viable options because Minnesotans would be left without a service provider.

FCC Denies Sandwich Isles Petition To Reconsider Improper USF Payments Order

January 3, 2019 – The FCC has released an order denying a petition for reconsideration filed by Sandwich Isles Communications, Inc. that sought to overturn a 2016 FCC order stripping Sandwich Isles of improper universal service fund payments. Sandwich Isles, in its reconsideration petition, claimed the FCC ignored legal arguments and factual submissions when it concluded Sandwich Isles received more than $27 million in high-cost universal service support to which it was not entitled. The FCC disagreed, labeling the evidence put forth by Sandwich Isles to support its claims “incomplete, unpersuasive, or else outright contradictory to other facts and claims made elsewhere.”

FCC Releases Tentative Agenda For January Open Meeting

January 3, 2019 – Federal Communications Commission Chairman Ajit Pai has announced the following tentative agenda for the FCC’s next open meeting scheduled for Wednesday, January 30, 2019:

Transitioning to CAF Phase II Auction Support in Price Cap Areas – The FCC will consider a Report and Order establishing a schedule to end Connect America Fund Phase I support in price cap areas where winning bidders in the CAF Phase II auction will begin receiving Phase II support and in areas that were not eligible for the auction, while providing interim support in areas that did not receive any bids. (WT Docket No. 10-90)

Licensing Noncommercial Educational Broadcast and Low Power FM Stations – The FCC will consider a Notice of Proposed Rulemaking that proposes revisions to the Commission’s NCE and LPFM comparative processing and licensing rules. (MB Docket No. 19-3)

Elimination of Form 397 – The FCC will consider a Report and Order eliminating the requirement in Section 73.2080(f)(2) of the Commission's rules that certain broadcast television and radio stations file the Broadcast Mid-Term Report (Form 397). (MB Docket Nos. 18-23, 17-105)

Internet Protocol Captioned Telephone Service – The FCC will consider a Report and Order, Further Notice of Proposed Rulemaking, and Order to adopt measures, and seek comment on others, to enhance program management, prevent waste, fraud, and abuse, and improve emergency call handling in the IP CTS program. (CG Docket Nos. 13-24, 03-123)

Anti-Spoofing Provisions of the RAY BAUM’S Act – The FCC will consider a Notice of Proposed Rulemaking proposing to amend its Truth in Caller ID rules to implement the anti-spoofing provisions of the RAY BAUM’S Act. (WC Docket Nos. 18-355, 11-39)

FCC Extends Timeframe For Collection Of Mobility Fund Phase II Speed Test Data

January 3, 2019 – The FCC has issued an order extending the timeframe for the collection of speed test data for the Mobility Fund Phase II challenge process by 90 days. The timeframe for the collection of information to respond to a challenge has also been extended “by at least 90 days.” The extension will allow for challengers’ speed test data collected on or after February 27, 2018, and through the entire 240-day challenge window, to be submitted and considered with a challenge. 

FCC To Investigate CenturyLink 911 Outage

December 28, 2018 – FCC Chairman Ajit Pai has announced that the FCC’s Public Safety and Homeland Security Bureau has launched an investigation into the nationwide outage experienced by CenturyLink on December 27th, which prevented consumers across the country from reaching 911 emergency services. CenturyLink’s outage also impacted residential internet customers, shut down phone services at Idaho’s prisons and education department, prevented medical centers from access patient medical records, disabled ATM withdrawals in Idaho and Montana, and disrupted Verizon Wireless mobile data services in Albuquerque and parts of Montana.

Urban Rate Survey Results Set Benchmarks For Fixed Voice And Broadband Services

December 20, 2018 – The FCC has announced the results of the most recent urban rates survey, setting the 2019 reasonable comparability benchmarks for fixed voice and broadband services. Eligible telecommunications carriers subject to broadband public interest obligations must meet the reasonable comparability benchmarks to receive universal service support. Based on the survey results, the 2019 urban average monthly rate for voice service is $26.98, making the reasonable comparability benchmark for voice services $51.61 (two standard deviations above the urban average). For broadband services, the reasonable comparability broadband benchmark varies, depending upon download and upload speeds and usage allowance. Broadband providers can access an online tool to determine the benchmark for specific broadband service tiers. The 2019 minimum monthly usage allowance for broadband service is 215 GB.

NTIA Seeking Comment On National Spectrum Policy, Deadline Is January 22, 2019

December 20, 2018 – The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) is seeking comments – from interested stakeholders, including private industry, academia, civil society, and other experts – on the development of a comprehensive, long-term national spectrum strategy. The request for comment is part of an October 2018 presidential memorandum, titled Developing a Sustainable Spectrum Strategy for America’s Future, which requires executive agencies to report on their spectrum usage and directs the Secretary of Commerce to report on a long-term “National Spectrum Strategy” that includes legislative, regulatory, and other policy recommendations. NTIA would like interested parties to submit “recommended actions as well as information that can improve NTIA’s understanding more generally in areas including expanding spectrum access, improving spectrum sharing, enhancing spectrum management, utilizing ongoing research and development activities, fostering global competitiveness, protecting U.S. space assets from RF interference, and augmenting the mission capability of Federal entities.” NTIA also has requested comment in response to seven specific questions. Comments are due by 11:59 p.m. Eastern on January 22, 2019, and may be submitted electronically by email to spectrum-strategy-comments@ntia.doc.gov or sent via regular mail to NTIA’s headquarters in Washington DC. Comments submitted by email should be machine-readable and should not be copy-protected.

FCC Releases 911 Fee Report, Seeks Comment

December 19, 2018 – The FCC has released the Tenth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges, covering the calendar year ending December 31, 2017. It details whether 911 fees and charges collected by U.S. states and territories are being used for any purpose other than to support 911 and Enhanced 911 services. As for fee diversion, the report identifies six states and one territory as diverting or transferring a portion of collected 911 fees and charges for non-911 related purposes in 2017. The report also contains state-by-state information on the number and type of 911 calls made, the number of Public Safety Answering Points and telecommunicators in operation, expenditure of funds for Next Generation 911 services, deployment of Emergency Services IP Networks and text -to-911 service, establishment of programs to support PSAP cybersecurity, and the extent of state-level oversight and auditing of collection and use of 911 fees. Interested parties may submit comments on the report on or before January 18, 2019 in PS Docket No. 09-14. Reply comments are due February 04, 2019.

Iowa Announces $1.3 Million For Broadband Grants, Application Window Opens Feb. 18 And Closes March 15

December 17, 2018 – Iowa Governor Kim Reynolds has announced that $1.3 million in state funding is now available for grants to improve broadband access and eliminate underserved areas in Iowa. Funding for Iowa’s broadband grant program is being made available through Iowa’s Office of the Chief Information Officer. The program is open to private sector communications service providers, utilities, cities, and towns. Grants awarded will not exceed 15 percent of the total cost of an applicant’s project. Applications may be submitted online beginning February 18, 2019, and must be submitted no later than March 15, 2019. Additional information on the program, including application instructions and a list of eligible areas is available online here.

Jurisdictional Separations Frozen For Another Six Years, FCC Makes One-Time Unfreeze Option Available

December 17, 2018 – The FCC has released a Report and Order that extends, for up to six years, the freeze on Part 36 category relationships and jurisdictional cost allocation factors that the FCC adopted in the 2001 Separations Freeze Order. According to the FCC, this most-recent freeze extension will allow the FCC and the Federal-State Joint Board on Jurisdictional Separations to devote their resources to substantive separations reform. To that end, the FCC wants the Joint Board to “focus on how best to amend the separations rules to recognize that they impact only rate-of-return carriers and on whether any other separations rules or recordkeeping requirements can be modified or eliminated in light of that limited application.” The new separations freeze extension will begin on January 1, 2019, and will continue until the earlier of December 31, 2024, or the completion of comprehensive reform of the Part 36 jurisdictional separations rules. Additionally, the FCC has granted all rate-of-return carriers a one-time “unfreeze option. Specifically, rate-of-return carriers that opted to freeze their separations category relationships in 2001 now have a one-time opportunity to unfreeze and update those relationships so that they can categorize their costs based on current circumstances.

RUS Issues Funding Opportunity Announcement For Broadband ReConnect Program, Formally Solicits Applications

December 14, 2018 – The U.S. Department of Agriculture’s Rural Utilities Service (RUS) has issued a Funding Opportunity Announcement (FOA) and solicitation of applications for its new broadband ReConnect Program. The document details RUS’ “general policy and application procedures for funding under the broadband pilot program established pursuant to the Consolidated Appropriations Act, 2018 which provides loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas.” There are three different funding categories – loans, grants, and loan/grant combinations – with each category having different application windows. There is up to $200 million available for loans (the maximum loan amount that can be requested in an application is $50 million); up to $200 million available for loan/grant combinations (the maximum amount that can be requested in an application is $25 million for the loan and $25 million for the grant, with loan and grant amounts always being equal); and up to $200 million available for grants (the maximum grant amount that can be requested in an application is $25 million). Notwithstanding, RUS has the ability and discretion to divert funds from one funding category to another. RUS will finalize the application windows by providing notice in the Federal Register and Grants.gov on February 22, 2019.

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