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February 2025
USAC Files Data On Second Quarter 2025 USF Contribution Base: $8,223,063,129
February 28, 2025 – The Universal Service Administrative Company (USAC) has filed projected universal service fund (USF) contribution base data for the second quarter of calendar year 2025. The data will be used to determine the next USF contribution factor. For the second quarter of 2025, USAC has determined that the total projected collected interstate and international end user revenue base for the USF support mechanisms is $8,223,063,129. (For comparison purposes, the projected contribution base for the first quarter of 2025 was $8,176,991,774.) The 2Q 2025 contribution base data was calculated using projected revenue amounts for April - June 2025 reported by telecommunications service providers on their FCC Forms 499-Q, which were due February 3, 2025. For the second quarter of 2025, USAC received projected revenue data from 3,237 USF contributors who filed the Form 499-Q. USAC estimated revenue data for 171 non-de minimis service providers that had previously submitted Form 499-Q information to USAC, but failed to make the latest filing. After the Federal Communications Commission (FCC) approves the total USF contribution base, the quarterly funding requirements for USF support mechanisms, and projected USF administrative costs, the FCC will establish a USF contribution factor for the second quarter of 2025. The new contribution factor will be announced by an FCC Public Notice. Acting on behalf of the FCC, USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor. USAC’s universal service filings with the FCC are available online.
Broadband Grant Tax Treatment Act Would Exclude Federal Broadband Deployment Grants From Taxable Income
February 24, 2025 – Senators Kevin Cramer (R-ND) and Jerry Moran (R-KS) have introduced the Broadband Grant Tax Treatment Act which, if passed, would exclude federal broadband deployment grants from taxable income. The bill would amend Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 by inserting new subsection 139J. Cosponsors of the bill include U.S. Senators Dan Sullivan (R-AK), Tim Kaine (D-VA), Tommy Tuberville (R-AL), Mark Kelly (D-AZ), Shelley Moore Capito (R-WV), Angus King (I-ME), Roger Wicker (R-MS), Raphael Warnock (D-GA), and Deb Fischer (R-NE). The full text of the proposed legislation is available here.
Two Wireless Groups Seek Reconsideration Of The FCC’s 5G Fund For Rural America
February 15, 2025 – The FCC has issued a Public Notice announcing the filing of two Petitions For Reconsideration of the FCC’s Second Report and Order for the 5G Fund for Rural America. One petition was filed by the Coalition of Rural Wireless Carriers, and one petition was filed by the Rural Wireless Association, Inc. The Petitions For Reconsideration of the 5G Fund for Rural America Order were filed in GN Docket No. 20-32. Oppositions to the petitions must be filed within 15 days of the date of publication of the Public Notice in the Federal Register. Replies to an opposition must be filed within 10 days after the time for filing oppositions has expired.
Federal-State Joint Board On Separations Seeks Comment On Frozen Part 36 Separations Rules In Response To FCC Referrals
February 14, 2025 – The Federal-State Joint Board on Jurisdictional Separations is seeking public comment on issues and questions concerning the future of the FCC’s Part 36 separations rules. Comment are due on or before 30 days after the Public Notice is published in the Federal Register. Reply comments are due 45 days after publication. Jurisdictional separations is the process by which incumbent local exchange carriers (ILECs) apportion regulated common costs of network facilities and services to either the intrastate or interstate jurisdiction, preventing ILECs from recovering the same costs in both the intrastate and interstate jurisdictions. In May 2001, the FCC issued an order that placed an “interim freeze” on part 36 category relationships and jurisdictional allocation factors for ILECs. It has since been continuously extended. In the Public Notice, the Joint Board is seeking comment on three areas of questions which were referred to it from the FCC:
First, the Commission reiterated a prior referral asking the Joint Board “whether separations rules are still needed during the transition from a regulated to a competitive marketplace” and whether the Commission should still pursue comprehensive reform or allow the separations rules to become increasingly obsolete over time. More specifically, the Commission asked the Joint Board for a recommended decision on “whether comprehensive reform is still in the public interest when the industry is naturally transitioning away from legacy technologies and cost based ratemaking and the burdens of compliance with any new set of rules, were they to be reformed, would be significant for the limited number of small carriers still subject to the separations rules.
Second, the Commission asked the Joint Board for a recommended decision on whether it would be in the public interest to adopt a permanent freeze of the rules while considering the future course of the separations rules and framework. The Commission explained that consideration of a permanent freeze is particularly relevant in light of the referral on whether the separations rules still need to be reformed.
Third, if the Joint Board were to recommend a permanent separations freeze, the Commission asked the Joint Board to consider whether carriers should be given an opportunity to unfreeze their category relationships to enable carriers to update their cost data for categorizing investments and expenses. Relatedly, in asking the Joint Board to assess whether the Commission should allow carriers to unfreeze their category relationships, the Commission asked the Joint Board to consider whether this opportunity should be available only once or periodically, and whether or not these carriers should be permitted to refreeze their category relationships.
Annual CPNI Certifications Due March 3, 2025
February 14, 2025 – The FCC’s Enforcement Bureau has issued an Enforcement Advisory to remind telecommunications carriers and interconnected VoIP providers of their obligation to file their annual certification documenting compliance with the FCC’s Customer Proprietary Network Information (CPNI) rules by March 3, 2025. The annual CPNI certification must include: a compliance certificate signed by an officer of the company; a statement by the officer in the compliance certificate that he or she has personal knowledge that the company has established operating procedures that are adequate to ensure compliance with the CPNI rules; a written statement accompanying the certification explaining how the company’s operating procedures ensure that it is or is not in compliance with the CPNI rules; an explanation of any actions taken against data brokers; and a summary of all consumer complaints received in the prior year concerning unauthorized release of CPNI. The 2025 annual certification filing (for calendar year 2024) is due no later than Monday March 3, 2025, and must be filed in EB Docket No. 06-36.
Brooke Rollins Sworn In As Secretary Of Agriculture
February 13, 2025 – Brooke Rollins has been sworn in as the 33rd U.S. Secretary of Agriculture after being confirmed by the U.S. Senate by a vote of 72-to-28. Most recently, Rollins served as the Chief Executive Officer of the America First Policy Institute (AFPI), a 501(c)(3) nonprofit think tank that was founded in 2021 to promote Donald Trump’s public policy agenda. During President Trump’s first administration, Ms. Rollins was the Director of the Domestic Policy Council and Assistant to the President for Strategic Initiatives in the White House.
Trump To Nominate Sean Cairncross As National Cyber Director
February 12, 2025 – President Trump is reportedly nominating Sean Cairncross as National Cyber Director. The White House Office of the National Cyber Director, established by Congress shortly before the start of Joe Biden’s presidency, advises the President on cybersecurity matters. Sean Cairncross was previously employed as the Republican National Committee’s chief operating officer. He also served in the first Trump administration.
FCC Chairman Investigating Comcast DEI Policy
February 12, 2025 – FCC Chairman Brendan Carr has reportedly opened an investigation of Comcast for the company’s promotion of diversity, equity, and inclusion programs. Comcast is the parent company of NBC Universal, which owns numerous FCC-regulated broadcast spectrum licenses.
Supreme Court Sets March 26th Oral Argument In The Consumers’ Research Proceedings Involving The Constitutionality Of The Universal Service Fund
February 10, 2025 – The U.S. Supreme Court has announced it will hold oral arguments in FCC et al. v. Consumers’ Research and Schools, Health & Libraries Broadband Coalition et al. v. Consumers’ Research on Wednesday March 26, 2025 at 10:00 am. Under the Supreme Court’s oral argument rules, both the petitioners and respondents are given 30 minutes, for a total of one hour. However, the Court has divided the 30 minute oral argument time for the petitioners as follows:
20 minutes for the federal petitioners in No. 24-354 (Federal Communications Commission and the United States of America )
10 minutes for private petitioners in No. 24-422 (Schools, Health & Libraries Broadband Coalition, Competitive Carriers Association (CCA), National Telecommunications Cooperative Association dba NTCA (NTCA-The Rural Broadband Association), USTelecom-The Broadband Association, Benton Institute for Broadband & Society, National Digital Inclusion Alliance, and Center for Media Justice dba MediaJustice)
The federal petitioners will open the argument and present rebuttal
FCC Tentative Agenda For Open Meeting On February 27, 2025
February 6, 2025 – Federal Communications Commission Chairman Brendan Carr has announced the following tentative agenda for the FCC’s next open meeting scheduled for Thursday, February 27, 2025:
Enhancing National Security Though the Auctioning of Spectrum Licenses – The Commission will consider a Notice of Proposed Rulemaking that would update 10 year-old AWS-3 service-specific competitive bidding rules to bring those rules in line with current practice as the first step in fulfilling the Commission’s statutory obligation to initiate an auction of licenses for the AWS-3 spectrum in the Commission’s inventory by June 23, 2026, under the Spectrum and Secure Technology and Innovation Act. (GN Docket Nos. 25-70, 25-71, 13-185)
Exploring New Uses for Mid-Band Spectrum in the Upper C-band – The Commission will consider a Notice of Inquiry exploring whether, and if so how, we could free up additional mid-band spectrum for new services in the Upper C-band to meet projected spectrum demand, spur economic growth, and advance American security interests. (GN Docket No. 25-59)
Making Wireless Emergency Alerts More Responsive to Public Safety and Consumer Needs – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking intended to give emergency managers and consumers greater customization of the Wireless Emergency Alerts they send and receive, which would increase public safety and reduce consumers opting out of this life-saving service. (PS Docket Nos. 15-91, 15-94)
Strengthening Call Blocking Rules – The Commission will consider a Report and Order that strengthens the Commission’s call blocking rules by expanding the requirement to block calls based on a reasonable do-not-originate list to include all providers in the call path and by designating an exclusive code to notify callers when certain calls are blocked. (CG Docket No. 17-59)
Combatting Loud Commercial Advertisements – The Commission will consider a Notice of Proposed Rulemaking that would undertake a review of the Commission’s commercial loudness rules, in effect since 2012, and seek comment on the need for updates or changes. (MB Docket No. 25-72)
Competitive Carriers Association Challenging FCC 5G Fund for Rural America
February 6, 2025 – The Competitive Carriers Association (CCA) has filed a petition for review with the U.S. Court Of Appeals For The District Of Columbia Circuit, challenging the Federal Communications Commission’s (FCC or Commission) August 2024 Order establishing the 5G Fund for Rural America. CCA claims the 5G Order exceeds the FCC’s jurisdiction and its statutory authority; violates the Communications Act and the Administrative Procedure Act; and is arbitrary and capricious, an abuse of discretion, not supported by substantial evidence, and otherwise contrary to law. Further, CCA claims that the 5G Order:
is arbitrary and unsupported by substantial evidence because the FCC based the speed threshold for defining eligible areas on its assumption of the “the minimum desired . . . mobile user experience,” while failing to explain or provide support for that assumption;
is unsupported by substantial evidence because the Commission established a speed threshold for defining eligible areas based on an unsupported assumption that providers will upgrade to higher speeds in those areas absent financial support;
is contrary to law because the FCC established the speed threshold for defining eligible areas based on “the minimum desired…mobile user experience,” which fails to meet the Commission’s statutory duty to ensure that consumers in rural and high-cost areas receive services that are “reasonably comparable” to those provided in urban areas;
is arbitrary and capricious because the FCC decided to make eligibility determinations using mobile maps that overstate mobile broadband coverage despite significant evidence that the maps are inaccurate and unreliable and do not include any build-out that will arise from the Broadband Equity Access and Deployment (BEAD) program awards; and
is arbitrary and unsupported by substantial evidence because the Commission provided no reasoned explanation for its selection of a budget of “up to $9 billion” for the 5G Fund Phase I auction.
FCC Seeking Public Comment On Complaint Against 60 Minutes For Harris Interview
February 5, 2025 – The Federal Communications Commission (FCC) is seeking comment on a complaint filed by the Center for American Rights (CAR) “requesting an investigation into WCBS, New York, NY (Facility ID No. 9610) for ‘news distortion’ in the airing of a “60 Minutes” interview with then Vice President Kamala Harris. Comments must be filed in MB Docket No. 25-73, and are due on or before March 7, 2025. Reply comments are due March 24, 2025. WCBS has provided the FCC with an unedited transcript and video of the 60 Minutes interview, which are available from links on the FCC’s Public Notice.
FCC Issues $4.492 Million Fine Against Telnyx LLC For Illegal Robocall Scheme
February 4, 2025 – The Federal Communications Commission (FCC) has issued a Notice Of Apparent Liability For Forfeiture against Telnyx LLC for “failing to take affirmative, effective measures to prevent malicious actors from using its network to originate illegal voice traffic.” The FCC has proposed Telnyx pay a penalty of $4,492,500. This is the first Commission-level action under FCC Chairman Brendan Carr. Telnyx is an Illinois LLC that is a VoIP provider and a seller of “various communications services, including a voice API service that allows users to ‘[m]ake, receive and control calls globally with programmable voice capabilities.’” The FCC’s News Release provides the following summary of the illegal robocalls that were facilitated by Telnyx:
On the night of February 6, 2024, and continuing into the morning of February 7, 2024, over a dozen FCC staff and some of their family members reported receiving calls on their personal and work telephone numbers that transmitted the following artificial and prerecorded voice message: “Hello [first name of recipient] you are receiving an automated call from the Federal Communications Commission notifying you the Fraud Prevention Team would like to speak with you. If you are available to speak now please press one. If you prefer to schedule a call back please press two.” The FCC has no such “Fraud Prevention Team” and the FCC was not responsible for these calls. The FCC’s Enforcement Bureau believes the purpose of the calls was to threaten, intimidate, and defraud. One recipient of an imposter call reported that they were ultimately connected to someone who “demand[ed] that [they] pay the FCC $1000 in Google gift cards to avoid jail time for [their] crimes against the state.”
Mergers & Acquisitions: Private Equity Acquiring Missouri Broadband Provider Socket Telecom
February 4, 2025 – The FCC’s Wireline Competition Bureau is seeking public comment on a Section 214 application filed by Socket Holdings Corporation (Socket Holdings) and Last Dance Intermediate II, LLC (Last Dance Intermediate II), requesting FCC consent to transfer indirect control of Socket Telecom, LLC (Socket Telecom), a wholly owned subsidiary of Socket Holdings, to Last Dance Intermediate II. Comments are due on or before February 18, 2025, and reply comments are due February 25, 2025.
Socket Telecom, a Missouri LLC, provides competitive telecommunications services primarily in Missouri, and is wholly owned by Socket Holdings, a Missouri corporation. Socket Telecom is designated as an Eligible Telecommunications Carrier (ETC) in Missouri, and has been authorized to receive $232,768.80 in Rural Digital Opportunity Fund (RDOF) support in exchange for its commitment to serve 393 locations in in Missouri.
Last Dance Intermediate II, LLC is a newly formed Delaware limited liability company created for the purpose of completing the Transaction. Last Dance Intermediate II, LLC is indirectly, wholly owned by Last Dance Holdings, L.P. (Last Dance Holdings), an investment fund also created for the purpose of the Transaction. Last Dance Holdings is primarily owned and controlled by funds and entities affiliated with Oak Hill Capital Management (Oak Hill) and Pamlico Capital Management (Pamlico), which are private equity funds based in the United States. The equity in the Oak Hill and Pamlico funds is held through passive limited (and insulated) partnership interests held by numerous, primarily U.S.-based investors, including individuals, trusts, institutions and business entities, and that control of these funds ultimately rests in U.S. entities or citizens.
Pursuant to a December 2024 Stock Purchase Agreement, Last Dance Intermediate II will acquire all of the outstanding voting and equity interests in Socket Holdings, making Socket Telecom an indirect, wholly owned subsidiary of Last Dance Intermediate II. The applicants state that “a grant of the application would serve the public interest, convenience, and necessity.” They further state that after the transaction is consummated, “Socket Telecom Licensee will have access to the financial resources and broader management expertise of Last Dance Intermediate II and its ultimate owners Oak Hill and Pamlico, which each have substantial experience investing in communications infrastructure assets, including numerous information and telecommunications service providers that are among the current and previous portfolio companies of Oak Hill and Pamlico funds. Because of the complexity of the transaction, the application has been accepted for non-streamlined treatment.
President Trump Nominates Arielle Roth To Lead NTIA
February 4, 2025 – President Trump has nominated Arielle Roth to serve as the administrator as the National Telecommunications and Information Administration (NTIA). She currently serves as Policy Director, Telecommunications for Ranking Member Ted Cruz (R-TX) on the Senate Committee on Commerce, Science, and Transportation. Ms. Roth has previously served in senior roles at the Federal Communications Commission and as Wireline Legal Advisor to former Commissioner Michael O’Rielly. She holds degrees from the University of Toronto and the McGill University Faculty of Law.
January 2025
USAC Issues Second Quarter 2025 Fund Size Projections For Universal Service Support Mechanisms
January 31, 2025 – The Universal Service Administrative Company (USAC) has filed the Federal Universal Service Support Mechanisms Fund Size Projections for the second quarter of 2025. The filing details the universal service fund’s (USF) total projected funding requirements for 2Q 2025, which includes costs that can be directly attributed to the High Cost, Low Income, Rural Health Care, and Schools and Libraries Support Mechanisms, as well as Connected Care Pilot Program costs, and projected administrative expenditures of each mechanism. All of USAC’s filings to the FCC are available here. USAC’s data shows the following total projected 4Q 2024 funding requirements for each USF support mechanism:
High Cost Support Mechanism – $1.1239 billion
Low Income Support Mechanism – $305.12 million
Rural Health Care Support Mechanism – $176.10 million
Connected Care Pilot Program – USAC collected $100 million to fund the Connected Care Pilot Program. No additional collections are required.
E-Rate Schools and Libraries Support Mechanism – $653.04 million
USAC projects a consolidated budget of $74.41 million for 2Q 2025. This breaks out to $33.11 million in direct costs for all four support mechanisms, and $41.30 million in joint and common costs which include costs associated with billing, collection, and disbursement of universal service funds. The FCC will use the of the quarterly funding requirements for the four USF Support Mechanisms, the projected administrative expenses, and the USF contribution base amount to calculate the quarterly USF contribution factor. Copies of USAC’s historical USF filings are available on its website.
FCC Chairman Brendan Carr Opens Investigation Of NPR & PBS
January 29, 2025 – FCC Chairman Brendan Carr has sent a letter to NPR and PBS member stations informing them that he has asked the FCC’s Enforcement Bureau to open an investigation regarding their programming. NPR and PBS, which are licensed as noncommercial educational broadcast stations (NCEs), distribute programming through a network of approximately 1,500 member stations. Under the Communications Act, NCE stations are prohibited from airing commercials or other promotional announcements on behalf of for-profit entities. Chairman Carr claims that “NPR and PBS broadcasts could be violating federal law by airing commercials.” Chairman Carr has directed the FCC’s Enforcement Bureau, with assistance from the FCC’s Media Bureau, “to initiate an investigation into the underwriting announcements and related policies of NPR, PBS, and their broadcast member stations.”
Presidential Memorandum M-25-13 Rescinded
January 29, 2025 – The White House Office of Management and Budget has rescinded Presidential Memorandum M-25-13. However, the freeze on agency grant, loan, and other financial assistance programs has not been lifted. White House press secretary Karoline Leavitt released the following statement:
“This is NOT a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. Why? To end any confusion created by the court's injunction. The President's EO's on federal funding remain in full force and effect, and will be rigorously implemented.”
President Trump Orders Freeze Of Federal Financial Assistance Programs – The FCC Must Review 11 Programs
January 27, 2025 – President Trump has issued a Presidential Memorandum (M-25-13) to the heads of executive departments and Federal agencies that orders them “to identify and review all Federal financial assistance programs and supporting activities consistent with the President’s policies and requirements.” Specifically, the memorandum places a temporary pause, effective on January 28, 2025, at 5:00 pm, on all Federal financial assistance programs while each agency completes “a comprehensive analysis…to identify programs, projects, and activities that may be implicated by any of the President’s executive orders.”
The memorandum states that “[n]o later than February 10, 2025, agencies shall submit to OMB detailed information on any programs, projects or activities subject to this pause. Each agency must pause: (i) issuance of new awards; (ii) disbursement of Federal funds under all open awards; and (iii) other relevant agency actions that may be implicated by the executive orders, to the extent permissible by law, until OMB has reviewed and provided guidance to your agency with respect to the information submitted.” The memorandum carves out a potential exception: “OMB may grant exceptions allowing Federal agencies to issue new awards or take other actions on a case-by-case basis.”
Accompanying the memorandum is a spreadsheet document titled “Instructions for Federal Financial Assistance Program Analysis in Support of M-25-13.” It states that [a]ll Federal agencies that provide Federal financial assistance are required by February 7, 2025 to complete the attached spreadsheet and submit it to OMB.” The spreadsheet lists each Federal agency along with its presumed assistance programs.
For the Federal Communications Commission, the spreadsheet lists the following 11 assistance programs that must be reviewed:
Universal Service Fund High Cost
Universal Service Fund Lifeline
Universal Service Fund Schools And Libraries
Universal Service Fund Rural Health Care
COVID 19 Telehealth Program
Connected Care Pilot Program
Affordable Connectivity Program
Emergency Connectivity Fund Program
Supply Chain Reimbursement Program
Affordable Connectivity Outreach Grant Program
Cybersecurity Pilot Program
Each Federal agency, for each of its assistance programs, must submit answers to the following questions to OMB by February 7, 2025:
Please identify the email of the senior political appointee responsible for overseeing this program.
Does the program have any pending funding announcements?
Does the program have any anticipated obligations or disbursement of funds before 3/15/2025?
Does this program have any statutory requirements mandating the obligation or disbursement of funds through 3/15/2025?
Provide the estimated date of the next obligation or disbursement of funds.
Does this program provide Federal funding to non- governmental organizations supporting or providing services, either directly or indirectly, to removable or illegal aliens?
Is this program a foreign assistance program, or provide funding or support activities overseas?
Does this program provide funding that is implicated by the revocation and recission of the U.S. International Climate Finance Plan?
Does this program include activities that impose an undue burden on the identification, development, or use of domestic energy resources (including through funding under the Inflation Reducing Act of 2022; and the Infrastructure Investment and Jobs Act)?
Does this program provide funding that is implicated by the directive to end discriminatory programs, including illegal DEI and “diversity, equity, inclusion, and accessibility” (DEIA) mandates, policies, programs, preferences, and activities, under whatever name they appear, or other directives in the same EO, including those related to “environmental justice” programs or “equity-related” grants?
Does this program promote gender ideology?
Does this program promote or support in any way abortion or other related activities identified in the Hyde Amendment?
If not covered in the preceding columns, does this program support any activities that must not be supported based on executive orders issued on or after January 20, 2025 (including executive orders released following the dissemination of this spreadsheet)?
Provide additional information on program or project activities.
FCC Chairman Cancels Proposal To Prohibit Bulk Billing Agreements
January 27, 2025 – Federal Communications Commission (FCC) Chairman Brendan Carr has canceled a pending proposal to prohibit “bulk billing agreements” that was put forth during the previous FCC administration. Under bulk billing agreements, “a company agrees to provide service to every tenant of a building, who are then billed a prorated share of the total cost,” either by the landlord or the service provider. In March 2024, the previous FCC Chair, Jessica Rosenworcel, circulated a Notice of Proposed Rulemaking aimed at banning bulk billing agreements. However, the NPRM never received the adequate number of votes to be formally adopted and released for public comment. Chairman Carr has officially ended consideration of the proposal and removed the NPRM from the FCC’s items on circulation.
Chairman Carr Announces FCC Leadership Positions
January 24, 2025 – Federal Communications Commission (FCC) Chairman Brendan Carr has announced the appointment of FCC leadership positions. More specifically, Chairman Carr has announced the acting FCC Bureau and Office leadership, as well as the Acting General Counsel and Managing Director.
Joel Taubenblatt, Acting Chief of the Wireless Telecommunications Bureau
Trent Harkrader, Acting Chief of the Wireline Competition Bureau
Erin Boone, Acting Chief of the Media Bureau
Debra Jordan, Acting Chief of the Public Safety and Homeland Security Bureau
Jacob Lewis, Acting General Counsel
Patrick Webre, Acting Chief of the Enforcement Bureau
Eduard Bartholme, Acting Chief of the Consumer & Governmental Affairs Bureau
Mark Stephens, Managing Director
Tom Sullivan, Acting Chief of the Office of International Affairs
Ira Keltz, Acting Chief Engineer, Office of Engineering and Technology
Catherine Matraves, Acting Chief of the Office of Economics and Analytics
Katie Gorscak, Acting Director of the Office of Media Relations
President Trump Issues Regulatory Freeze Via Presidential Memorandum
January 20, 2025 – President Trump has issued a Presidential Memorandum ordering all executive departments and agencies to implement a regulatory freeze on all rules, pending their further review by a department or agency head appointed or designated by President Trump. The regulatory freeze directs executive departments and agencies to not propose or issue any rule in any manner, including by sending a rule to the Office of the Federal Register (OFR). It also directs them to immediately withdraw any rules that have been sent to the OFR but not published in the Federal Register, so that they can be reviewed and approved. The Presidential Memorandum also provides the following guidance for any rules that have been published in the Federal Register, or any rules that have been issued in any manner but have not taken effect:
Consistent with applicable law and subject to the exceptions described in paragraph 1, consider postponing for 60 days from the date of this memorandum the effective date for any rules that have been published in the Federal Register, or any rules that have been issued in any manner but have not taken effect, for the purpose of reviewing any questions of fact, law, and policy that the rules may raise. During this 60-day period, where appropriate and consistent with applicable law, consider opening a comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by the rules postponed under this memorandum, and consider reevaluating pending petitions involving such rules. As appropriate and consistent with applicable law, and where necessary to continue to review these questions of fact, law, and policy, consider further delaying, or publishing for notice and comment, proposed rules further delaying such rules beyond the 60-day period.
President Trump Officially Designates Brendan Carr FCC Chairman
January 20, 2025 – President Trump has officially designated Brendan Carr as Chairman of the Federal Communications Commission. Chairman Carr issued the following statement on his designation:
I am deeply grateful to President Trump and honored by his decision to designate me as Chairman of the Federal Communications Commission. I have had the privilege of working at the FCC for over a dozen years now, including serving previously as the agency’s General Counsel, and I am humbled by the opportunity to lead the FCC. The FCC has important work ahead—on issues ranging from tech and media regulation to unleashing new opportunities for jobs and growth through agency actions on spectrum, infrastructure, and the space economy. We will also advance America’s national security interests and protect consumers. I am eager to accelerate the FCC’s work on these and other fronts. I look forward to collaborating with the Trump Administration, my Commission colleagues, and the FCC’s talented staff as well as Congress to deliver great results for the American people.
Lifeline: U.S. Department Of Health And Human Services Issues 2025 Federal Poverty Guidelines
January 17, 2025 – The U.S. Department of Health and Human Services has issued the 2025 Federal poverty guidelines used to determine financial eligibility for certain governmental assistance programs. Under the FCC’s Lifeline rules, a consumer can qualify for participation in the universal service Lifeline program if the consumer’s household income is at or below 135% of the Federal poverty guidelines for a household of that size. There are separate guidelines for the 48 contiguous states and the District of Columbia, Alaska, and Hawaii.
FCC Issues Declaratory Ruling & NPRM That Are Intended To Strengthen U.S. Communications Networks Against Future Cyberattacks
January 16, 2025 – The Federal Communications Commission (FCC) has issued a Declaratory Ruling and Notice Of Proposed Rulemaking (NPRM) which are intended to strengthen U.S. communications networks against future cyberattacks. In the Declaratory Ruling, the FCC concludes that Section 105 of Communications Assistance for Law Enforcement Act (CALEA) affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications.
In the NPRM, the FCC proposes that nearly every type of communications service provider be required to create, update, and implement cybersecurity and supply chain risk management plans. Among other things, communications service providers’ cybersecurity and supply chain risk management plans would have to identify the cyber risks they face, the controls they use or plan to use to mitigate those risks, and how they ensure that these controls are applied effectively to their operations. The FCC proposes that every service provider submit an annual certification, signed by the provider’s CEO or senior officer responsible for the organization’s security practices, attesting that the company has created, updated, and implemented a cybersecurity and supply chain risk management plan. Comments responding to the NPRM are due on or before 30 days from the date the NPRM is published in the Federal Register. Reply comments are due within 60 days of Federal Register publication.
President-Elect Trump Announces Olivia Trusty To Serve As FCC Commissioner
January 16, 2025 – President-elect Donald Trump has announced he will nominate Olivia Trusty to serve as Commissioner of the Federal Communications Commission. Once confirmed, Olivia Trusty will fill the seat vacated by Jessica Rosenworcel, and serve as the third Republican FCC Commissioner. Ms. Trusty has previously worked as an aide to Senator Roger Wicker (R-MS) and Representative Bob Latta (R-OH), and as a staff member on various subcommittees of both the House and Senate Commerce Committees.
FCC Announces Use Of Broadband Serviceable Location Fabric For Verifying Broadband Deployment Obligations
January 10, 2025 – The FCC’s the Wireline Competition Bureau has issued a Public Notice announcing that it will use the Broadband Serviceable Location Fabric (Fabric) “for generally verifying compliance with high-cost program deployment obligations and for adjusting the location obligations for certain high-cost support mechanisms.” The Bureau further explains its decision as follows:
Specifically, we adopt processes and policies for implementing the RDOF location readjustment process prior to the six-year RDOF service milestone that will maximize the number of consumers served through RDOF support,1 and also leverage existing Commission processes to implement streamlined location adjustment procedures for the Bringing Puerto Rico Together (PR) Fund, the Connect USVI Fund, Alternative Connect America Cost Model (A-CAM) I, Revised A-CAM I, and A-CAM II carriers. Our decision to rely on the Fabric for these purposes is an important step towards improving accuracy, oversight, and accountability for our high-cost support mechanisms.
FCC Releases Final Agenda For Open Meeting On January 15, 2025
January 9, 2025 – The Federal Communications Commission has released the final agenda for the FCC’s open meeting on Wednesday, January 15, 2025, at 10:30 am. The agenda consists of the following panel presentations led by senior FCC staff which will summarize the work their teams have done over the last four years:
Panel One – Consumer & Governmental Affairs, Office of Economics and Analytics, Office of International Affairs and Broadband Data Task Force – The Commission will hear presentations on the agency’s work on expanding connectivity and access to modern communications.
Panel Two – Wireline Competition, Office of Workplace Diversity, Office of Communications Business Opportunities and Connect2Health/Office of General Counsel – The Commission will hear presentations on the agency’s work on making communications more just for more people in more places.
Panel Three – Public Safety and Homeland Security, Enforcement, Media, Wireline Competition, Consumer & Governmental Affairs, Office of Engineering and Technology and Office of International Affairs – The Commission will hear presentations on the agency’s work on national security, public safety, and protecting consumers.
Panel Four – Space, Wireless Telecommunications, Office of Engineering and Technology, Office of Managing Director and Office of Economics and Analytics – The Commission will hear presentations on the agency’s work on the future of communications.
FCC Approves New Robocall Mitigation Database Filing Requirements & Procedures
January 8, 2025 – The Federal Communications Commission (FCC) has approved a Report And Order containing new Robocall Mitigation Database filing requirements and procedures. Below is a summary of the new requirements:
All entities are required to update any information submitted to CORES within 10 business days of any change to that information.
The Report And Order establishes a base forfeiture of $10,000 for each violation for filers that submit false or inaccurate information to the Robocall Mitigation Database, and establishes a base forfeiture of $1,000 for failure to update information that has changed in the Robocall Mitigation Database within 10 business days.
The Report And Order directs the Wireline Competition Bureau to establish a dedicated reporting mechanism that will allow stakeholders to notify the FCC of deficient Robocall Mitigation Database filings.
To assist filers with their robocall mitigation compliance obligations, the Report And Order directs the Wireline Competition Bureau to issue additional guidance, educational materials, and “best practices” for filing in the Robocall Mitigation Database.
In the Report And Order, the FCC concludes that Robocall Mitigation Database filings are “applications” within the meaning of Section 8 of the Communications Act, and therefore adopts an application fee for initial submissions, and annually thereafter. The FCC has set a $100 application processing fee for initial Robocall Mitigation Database submissions and for annual certifications.
To better secure the Robocall Mitigation Database, the Report And Order directs the Wireline Competition Bureau and OMD to develop a two-factor (or more) authentication solution for accessing the database.
Disney Enters Into Agreement With FuboTV
January 6, 2025 – Disney has entered into an agreement with FuboTV, which will result in Fubo combining with Hulu + Live TV and Disney owning 70% of Fubo. Both Hulu + Live TV and Fubo will continue to be available to consumers as separate streaming apps. As part of the agreement, Fubo has terminated its lawsuit against Disney, Fox, and Warner Brothers Discovery concerning the Venu sports joint venture. The Venu joint venture was to be owned equally by Disney, Fox, and Warner Brothers, with each owner agreeing to license sports content to Venu without also requiring Venue to license or distribute other non-sports content. Fubo had alleged the Venu joint venture violated antitrust laws.
Sixth Circuit Strikes Down FCC Net Neutrality Rules
January 2, 2025 – A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has issued a unanimous opinion overturning the Federal Communications Commission’s (FCC) Safeguarding and Securing the Open Internet Order.
In that Order, the FCC reclassified broadband Internet access service (BIAS) as a telecommunications service under Title II of the Communications Act of 1934, and imposed net neutrality rules on broadband providers (i.e., no blocking, throttling, or paid prioritization, a general conduct standard, and enhanced transparency). Multiple entities filed petitions for review in various federal circuits claiming the Order exceeded the FCC’s authority and is arbitrary, capricious, and an abuse of discretion.
The petitions for review were ultimately consolidated in the Sixth Circuit, and considered by the three judges without any Chevron deference to the FCC:
Today we consider the latest FCC order, issued in 2024, which resurrected the FCC’s heavy handed regulatory regime. Under the present Safeguarding and Securing the Open Internet Order, Broadband Internet Service Providers are again deemed to offer a “telecommunications service” under Title II and therefore must abide by net-neutrality principles. But unlike past challenges that the D.C. Circuit considered under Chevron, we no longer afford deference to the FCC’s reading of the statute. Instead, our task is to determine “the best reading of the statute” in the first instance.
In their opinion, the three-judge panel concluded their best reading of the statute establishes that the FCC’s interpretation is wrong, and that the agency has overstepped its bounds:
Using “the traditional tools of statutory construction,” we hold that Broadband Internet Service Providers offer only an “information service” under 47 U.S.C. § 153(24), and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through “telecommunications service” provision of the Communications Act. Nor does the Act permit the FCC to classify mobile broadband—a subset of broadband Internet services—as a “commercial mobile service” under Title III of the Act (and then similarly impose net-neutrality restrictions on those services).
2024
December 2024
FCC Announces Additional Funding For Secure And Trusted Communications Networks Reimbursement Program
December 26, 2024 – The FCC’s Wireline Competition Bureau has announced that the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which was recently passed by Congress, authorizes the FCC “to borrow up to $3.08 billion from the Treasury Department to fully fund the Secure and Trusted Communications Networks Reimbursement Program.” The 2025 NDAA does not make any changes to the requirements, processes, or procedures for the Reimbursement Program. According to the Bureau’s Public Notice, the FCC “will take quick steps to secure the additional funding through the borrowing authority granted by Congress.”
FCC Announces Tentative Agenda For Open Meeting On January 15, 2025
December 23, 2024 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the tentative agenda for the FCC’s next open meeting scheduled for Wednesday, January 15, 2025. The agenda consists of the following presentations led by senior FCC staff:
Panel One – The Commission will hear presentations on the agency’s work on expanding connectivity and access to modern communications.
Panel Two – The Commission will hear presentations on the agency’s work on making communications more just for more people in more places.
Panel Three – The Commission will hear presentations on the agency’s work on national security, public safety, and protecting consumers.
Panel Four – The Commission will hear presentations on the agency’s work on the future of communications.
USDA Announces ReConnect Program Funding Totaling Over $313 Million In 18 States
December 18, 2024 – U.S. Department of Agriculture (USDA) Secretary Tom Vilsack has announced more than $313 million in ReConnect Program funding for broadband projects in 18 states. The funding awards are part of the fifth round of USDA’s ReConnect Program, and will be used to provide high-speed internet services in Alabama, Alaska, Arizona, Arkansas, California, Georgia, Idaho, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, Ohio, Oregon, Texas, Washington and Wisconsin. With the announcement, a total of 24 broadband projects received funding – $215,358,764 in grants, $97,973,602 in loans, for a grand total of $313,332,366.
FCC Announces Opening Of Sixth Broadband Data Collection Filing Window On January 2, 2025 & Release Of Updated Broadband Fabric
December 16, 2024 – The FCC’s Broadband Data Task Force has announced that the sixth Broadband Data Collection (BDC) filing window for submitting broadband availability data as of December 31, 2024, will open on January 2, 2025. Broadband Data Task Force also has announced that the December 2024 update of the Broadband Serviceable Location Fabric (Fabric) is available to existing Fabric licensees in advance of the opening of the broadband availability data filing window. Facilities-based broadband service providers must submit data specifying where they made mass-market broadband Internet access service available as of December 31, 2024. Facilities-based broadband service providers and providers of fixed and mobile voice services must also submit their December 31, 2024, subscription data required under Form 477 into the BDC system. All availability and subscription data must be submitted no later than March 3, 2025.
FCC Releases 2025 Reasonable Comparability Benchmarks For Fixed Voice And Broadband Services
December 13, 2024 – The FCC’s Wireline Competition Bureau and the Office of Economics and Analytics have announced the 2025 reasonable comparability benchmarks for fixed voice and broadband services for eligible telecommunications carriers (ETCs) that receive universal service support and are subject to broadband public interest obligations.
Voice Rates – The reasonable comparability benchmark for voice services is $55.55. This is two standard deviations above the 2025 urban average monthly rate of $30.67. Each ETC providing fixed voice services must certify in its FCC Form 481 that the pricing of its basic residential voice services is no more than $55.55.
Broadband Rates – The reasonable comparability broadband benchmark varies, depending upon the supported service’s download and upload bandwidths and usage allowance. To facilitate benchmark calculations, the Office of Economics and Analytics will post an Excel file with a tool in which providers can enter the relevant variables to determine the benchmark for specific service characteristics.
Minimum Usage Allowance – For rate-of-return carriers receiving model-based support, the Bureau adopts a minimum monthly usage allowance of 720 GB for 2025. For carriers receiving support from the Rural Digital Opportunity Fund (RDOF), the minimum usage allowance is either (i) the greater of 250 GB or the average usage calculated by the Bureau for the Minimum and Baseline tiers, or (ii) 2 Terabytes (TB) for the Above-Baseline and Gigabit tiers. For ETCs not subject to the 2 TB minimum usage allowance, the reasonable minimum monthly usage allowance for 2025 is 720 GB.
USAC Releases New Connect America Fund State Map
December 13, 2024 – The Universal Service Administrative Company (USAC) has released a new Connect America Fund State Map (CAF State Map) that “displays total broadband deployment obligations by location count, total cumulative deployment reported so far by location count and total cumulative funding paid out to date – all on a state-by-state basis – by aggregating data for all carriers participating in the Connect America Fund in each state.” USAC has also launched the new CAF Locations Obligation and Deployment by Speed Tier Search Tool to display details at the Study Area Code (SAC) level about the number of locations that broadband providers have deployed with CAF support at each obligated speed tier and reported to USAC, and the total number of locations that carriers must deploy at each speed tier by the end of the program. USAC’s maps and tools are available on the tools page of the High Cost program site and on the High Cost tools section of the USAC Open Data site.
Another New Record! USF Contribution Factor For First Quarter Of 2025 – 36.3 Percent
December 12, 2024 – The FCC’s Office of Managing Director (OMD) has announced that the proposed universal service fund (USF) contribution factor for the first quarter of 2025 will be 36.3 percent. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved.
The 36.3 percent contribution factor for 1Q 2025 sets a new record, beating the previous all-time high of 35.8 percent during 4Q 2024. There has now been an increase to the USF contribution factor for three consecutive quarters (2Q 2024 – 32.8%; 3Q 2024 – 34.4%; 4Q 2024 – 35.8%; 1Q 2025 – 36.3%). Historical information on quarterly universal service fund contribution factors is available online from the FCC.
For the first quarter of 2025, the Universal Service Administrative Company (USAC) projects $8.176992 billion in total interstate and international end-user telecommunications revenues will be collected ($7.972750 billion in collections were projected for 4Q 2024). USAC estimates that $2.161100 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms (revenue requirement) in the first quarter of 2025 (the 4Q 2024 demand was estimated at $2.084640 billion). Total first quarter 2025 demand includes projected program support, administrative expenses, and true-ups and adjustments, which breaks out among the USF support mechanisms as follows:
E-Rate Schools & Libraries: $657.15 million (4Q 2024 was $666.28 million)
Rural Health Care: $129.50 million (4Q 2024 was $150.05 million)
High-Cost: $1.08640 billion (4Q 2024 was $1.06994 billion)
Lifeline: $288.05 million (4Q 2024 was $198.37 million)
North Alabama Electric Cooperative Wants Waiver Of RDOF Default Penalties
December 12, 2024 – North Alabama Electric Cooperative has filed a petition waiver requesting the FCC waive the Rural Digital Opportunity Fund (RDOF) default penalties. NAEC defaulted on its winning RDOF bids for five census block groups (CBGs) while maintaining 21 other CBGs for which it won RDOF support. In its waiver petition, NAEC claims “good cause and special circumstances exist to reduce the penalties associated with NAEC’s early surrender of five of the 26 CBGs where it was awarded funding because: (1) NAEC’s earlier surrender has allowed these areas to be eligible for other federal and Alabama broadband funding; (2) the surrender will ensure that RDOF funds are not spent to duplicate construction in areas that are or will be substantially served by ongoing initiatives of other broadband providers, thereby conserving limited universal service support and enabling the Commission to redirect limited funds to where they are needed most; and (3) the millions of dollars in penalties that NAEC would otherwise face for its surrender of five CBGs early on in the buildout phase of the program is neither reasonable nor proportionate to the harm caused by the default, and if imposed will strain NAEC’s ability to meet it buildout and service commitments for the remaining 21 CBGs that it was awarded.”
FCC Requires Over 2,400 Voice Service Providers To Cure Deficiencies In Their Robocall Mitigation Database Certifications
December 10, 2024 – The FCC’s Enforcement Bureau has issued an Order that directs over 2,400 voice service providers to cure the deficiencies in their Robocall Mitigation Database (RMD) certifications, and notify the Enforcement Bureau that the deficiencies have been cured or file a response explaining why their certifications should not be removed from the RMD. According to the Enforcement Bureau, each company’s RMD certification is deficient because (a) a robocall mitigation plan was not provided or the plan lacks newly-required information; and (b) the certification lacks newly-required information. If a company’s RMD certification is removed, all intermediate providers and voice service providers will be prohibited from accepting traffic from the company. Each of the over 2,400 voice service providers must provide a response to the Bureau no later than 14 days after a summary of the Order is published in the Federal Register.
Commnet Wireless Defaults On Two RDOF Census Block Groups In Idaho & Washington
December 9, 2024 – Commnet Wireless, LLC has notified the FCC’s Wireline Competition Bureau that it is defaulting on Rural Digital Opportunity Fund (RDOF) support for two Census Block Groups (“CBGs”), one each in Idaho and Washington. Commnet Wireless was awarded RDOF support to provide Above Baseline Internet service in each of the Idaho and Washington CBGs. Commnet Wireless has decided to default on the two CBGs because the deployment costs have increased dramatically, and as a result of that and other factors, its “planned RDOF deployment projects in these CBGs are not viable.”
FCC Chair Circulates Declaratory Ruling On CALEA Cybersecurity Requirements & NPRM On Cybersecurity Risk Management Plans
December 5, 2024 – Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel has circulated to her fellow commissioners a draft Declaratory Ruling that if adopted, would declare that Section 105 of Communications Assistance for Law Enforcement Act (CALEA) affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications. Accompanying the Declaratory Ruling is a Notice Of Proposed Rulemaking (NPRM) that seeks comment on implementing an annual certification requirement for communications service providers to create, update, and implement cybersecurity risk management plans and annual certify compliance with these plans to the FCC. The NPRM also requests public comment on expanding cybersecurity requirements across a range of communications providers, and identifying additional ways to enhance cybersecurity defenses for communications systems. According to the FCC, both items are an effort to address vulnerabilities in U.S. telecommunications networks that were exposed following the Salt Typhoon cyberattack, a sophisticated intrusion linked to foreign state-sponsored actors.
Final Agenda For FCC Open Meeting On December 11, 2024
December 4, 2024 – The Federal Communications Commission has released the final agenda for its next open meeting set for Wednesday, December 11, 2024.
Expanding Unlicensed Use of the 6 GHz Band – The Commission will consider a Third Report and Order that would expand unlicensed use of the 6 GHz band by very low power devices in two additional sub-bands, making a contiguous 1200 megahertz of spectrum available for use by these devices. (ET Docket No. 18-295; GN Docket No. 17-183)
Broadcast Rule Update – The Commission will consider a Notice of Proposed Rulemaking that would amend its rules for radio and television stations to reflect current application processing requirements, clarify and harmonize provisions, and remove references to outdated procedures and legacy filing systems. (MB Docket No. 24-626)
Facilitating Broadband Buildout – The Commission will consider a Report and Order that would adopt targeted modifications to the requirements for Letters of Credit that recipients of Universal Service Fund (USF) high-cost support awarded through a competitive process must obtain. (WC Docket Nos. 10-90, 18-143, 19-126, 24-144; AU Docket Nos. 17-182, 20-34; GN Docket No. 20-32)
Enforcement Order on Reconsideration – The Commission will consider an Order on Reconsideration of its March 19, 2024, Memorandum Opinion and Order in the UPM Technology, Inc. v. Unigestion Holding, S.A., d/b/a Digicel Haiti, complaint proceeding. (Proceeding No. 23-64)
Enforcement Bureau Action – The Commission will consider an enforcement action.
Enforcement Bureau Action – The Commission will consider an enforcement action.
Enforcement Bureau Action – The Commission will consider an enforcement action.
FTC Settles Investigation Of Gravy Analytics & Venntel For Unauthorized Collection And Sale Of Consumers’ Sensitive Location Data
December 3, 2024 – The Federal Trade Commission (FTC) has entered into a consent agreement with Gravy Analytics, Inc. and its wholly-owned subsidiary Venntel, Inc., which settles the FTC’s investigation of the two companies for alleged violations of the Federal Trade Commission Act. According to an FTC complaint, Gravy Analytics and Venntel business involved “unlawfully tracking and selling sensitive location data from users, including selling data about consumers’ visits to health-related locations and places of worship.” Among other things, the two companies collected consumers’ location data without consent, categorized consumers into audience segments based on sensitive characteristics, such as medical conditions, political activities, and religious beliefs derived from the location data, and sold the data containing these unique persistent identifiers to third parties. Under the FTC’s proposed order settling the investigation, Gravy Analytics and Venntel are prohibited from selling, licensing, transferring, sharing, disclosing, or using sensitive location data except in limited circumstances involving national security or law enforcement. The order also requires the companies to maintain a sensitive location data program designed to develop a list of sensitive locations and prevent the use, sale, license, transfer, sharing, or disclosure of consumers’ visits to those locations.
FCC Reminds RDOF Recipients Of Third Year Buildout Obligations & Notification Requirements
December 2, 2024 – The FCC’s Wireline Competition Bureau has issued a Public Notice that provides guidance to Rural Digital Opportunity Fund (RDOF) support recipients regarding the obligation to notify the Bureau if the RDOF program’s third-year service milestone cannot be met. The third-year service milestone requires RDOF recipients to deploy broadband service to 40% of locations in a state. Any RDOF program support recipient that will not meet its 40% buildout requirement by the end of its third year of support must notify the Wireline Competition Bureau within 10 business days of the third-year service milestone deadline and provide information explaining the expected failure. For broadband providers that were authorized RDOF support in 2021, the third-year service milestone deadline is Wednesday, January 15, 2025. For broadband providers that were authorized RDOF support in 2022, the third-year service milestone deadline is Thursday, January 15, 2026. All notifications must be filed in the FCC’s Electronic Comment Filing System (ECFS) in the RDOF docket, WC Docket 19-126. An RDOF support recipient that does not meet its third-year service milestone will be subject to quarterly reporting and have its support withheld if warranted.
November 2024
President-Elect Trump Names Brendan Carr Next FCC Chair
November 17, 2024 – President-elect Donald Trump has announced he will nominate current Federal Communications Commission (FCC) Commissioner Brendan Carr to be the FCC’s next chairman. Commissioner Carr was appointed to one of the Republican seats on the FCC by Trump in 2017. In an X post online, Carr provided the following response to the news: “Thank you, President Trump! I am humbled and honored to serve as Chairman of the FCC. Now we get to work.” Commissioner Carr’s official FCC bio states that he has worked in communications and tech policy for nearly 20 years. He has held other positions at the FCC, including legal advisor and the agency’s general counsel. Commissioner Carr has previously laid out his priorities as FCC Chairman: The FCC needs to change course and bring new urgency to achieving four main goals: (1) Reining in Big Tech, (2) Promoting National Security, (3) Unleashing Economic Prosperity, and (4) Ensuring FCC Accountability and Good Governance.
FCC Announces Tentative Agenda For Open Meeting On November 21, 2024
November 1, 2024 – Federal Communications Commission Chairwoman Jessica Rosenworcel has announced the following tentative agenda for the FCC’s next open meeting scheduled for Thursday, November 21, 2024:
Updating Security for Vital Infrastructure – The Commission will consider a Notice of Proposed Rulemaking that would undertake the first major comprehensive review of the Commission’s submarine cable rules since 2001. By this proceeding, the Commission seeks comment on how best to improve and streamline its submarine cable rules to facilitate efficient deployment of submarine cables while at the same time ensuring the security, resilience, and protection of this critical infrastructure. (OI Docket No. 24-523, MD Docket No. 24-524)
Enhancing Caller ID Authentication Rules – The Commission will consider a Report and Order that would strengthen its caller ID authentication rules by authorizing the use of third parties in the authentication process subject to limits that ensure accountability for compliance with the STIR/SHAKEN standards. (WC Docket No. 17-97)
Program Originating Boosters – The Commission will consider a Second Report and Order and Order on Reconsideration that would adopt final service rules that will enable FM and low power (LPFM) broadcasters to use FM booster stations to originate program content. (MB Docket Nos. 20-401, 17-105)
Enforcement Bureau Action – The Commission will consider an enforcement action.
October 2024
FCC Notice Of Inquiry To Review Quality Of Customer Support Provided By Cable, Broadband, Satellite TV, & Voice Service Providers
October 23, 2024 – The Federal Communications Commission (FCC) has issued a Notice Of Inquiry (NOI) to review the quality of support that cable, broadband, satellite TV, and voice service providers give their customers. The NOI, adopted by a vote of 3-2, “seeks to build a public record on the current state of customer support and ways that the FCC can further protect families and businesses that rely on these critical services.” Comments are due on or before November 22, 2024. Reply comments are due December 9, 2024. The NOI seeks comment on issues that fall within six separate categories:
Simple Cancellation – Providing more cancellation options and better disclosure of cancellation practices at the point of sale and on bills.
Automatic Renewal of Service – Ensuring providers obtain explicit customer consent for broadband and voice service providers before automatically renewing a service and/or increasing prices after a trial or promotional period expires.
Access to Live Representatives – Helping to avoid bouncing consumers from one call menu list to another in a time-consuming effort to obtain resolution.
Installation, Outage, and Service Calls – Extending cable operator installation, outage, and service call rules to also apply to satellite TV, voice, and broadband services.
Individuals with Disabilities and Speakers of English as a Second Language – Improving the accessibility of customer service resources for individuals with disabilities.
Cable-Specific Issues – Local Franchise Authority Developments; State of Existing Customer Service Standards; and Potential New Customer Service Standards and Enforcement.
Mercury Broadband Defaults On RDOF Awards In Illinois, Indiana, Michigan, & Missouri
October 22, 2024 – Mercury Broadband, LLC has notified the FCC’s Wireline Competition Bureau that it has decided to default on Rural Digital Opportunity Fund (RDOF) awards in census block groups in Illinois, Indiana, Michigan, and Missouri. Specifically, Mercury Broadband has defaulted on its RDOF awards for 34 census block groups in Illinois, 21 census block groups in Indiana, 64 census block groups in Michigan, and 10 census block groups in Missouri. The company made the decision to default partly based on deployment costs that “have increased dramatically since Mercury made its bids in the RDOF reverse auction.” Mercury Broadband will no longer be entitled to receive further RDOF support for the surrendered RDOF-awarded census block groups and will be subject to non-compliance penalties.
Cable One VoIP LLC d/b/a Sparklight Defaults On RDOF Awards In Idaho
October 17, 2024 – Cable One VoIP LLC d/b/a Sparklight has notified the Federal Communications Commission that it is defaulting on its Rural Digital Opportunity Fund (RDOF) awards in the state of Idaho. Sparklight was authorized to receive a total of $3,225,684 in RDOF support over ten years to provide voice and broadband to 863 locations in Idaho. The company claims that its “planned RDOF deployment in Idaho is no longer viable due to unforeseeable costs that have increased dramatically since the conclusion of the RDOF auction.” As a result of its default, Sparklight will no longer be entitled to receive further RDOF support and will be subject to non-compliance penalties.
Fidelity Cablevision Defaults On RDOF Awards In Missouri
October 17, 2024 – Fidelity Cablevision, LLC has notified the Federal Communications Commission that it is defaulting on its Rural Digital Opportunity Fund (RDOF) awards in the state of Missouri. The company was awarded a total of $37,979 in RDOF support over ten years to provide voice and broadband to 39 locations in Missouri. Fidelity Cablevision claims that its “planned RDOF deployment in Missouri is no longer viable due to unforeseeable costs that have increased dramatically since the conclusion of the RDOF auction.” As a result of its default, Fidelity Cablevision will no longer be entitled to receive further RDOF support and will be subject to non-compliance penalties.
FCC Issues Notice Of Inquiry To Review Broadband Data Caps
October 15, 2024 – The Federal Communications Commission (FCC) has issued a Notice Of Inquiry (NOI) aimed at gaining a better understanding of the current state of data caps (also referred to as “usage allowances” or “usage limits”) and whether data caps cause harm to competition or consumers’ ability to access broadband Internet access services. Comments are due on or before November 14, 2024. Reply comments are due December 2, 2024.
The FCC describes data caps as restrictions set by Fixed and mobile broadband Internet access service providers on the volume of bits that a subscriber can transfer during a set period of time. Depending on the type of data cap, when the cap’s amount is exceeded, a subscriber may be subject to higher fees, slower speeds, and suspension or termination of service. In the NOI, the FCC requests comment on the following issues:
The current state of data caps for both fixed and mobile broadband Internet service, and how data caps may impact consumers and competition.
Why the use of data caps continues to persist despite increased broadband needs of consumers and providers’ demonstrated technical ability to offer unlimited data plans.
The current trends in consumer data usage.
The impact of data caps on consumers, consumers’ experience with data caps, and how consumers are informed about data caps on service offerings.
The impact of data caps on competition.
The FCC’s legal authority to take action regarding data caps.
Q Link Wireless CEO Pleads Guilty To Stealing Over $100 Million From The FCC’s Lifeline Program
October 15, 2024 – Q Link Wireless, LLC and its CEO, Issa Asad, have pleaded guilty to conspiring to defraud the U.S. government in connection with a years-long scheme to steal over $100 million from the universal service Lifeline program. Mr. Asad also admitted to defrauding and laundering money from the Paycheck Protection Program (PPP), a government program created to help businesses during the COVID-19 pandemic.
Asad began defrauding the Lifeline program as early as 2012 and continued through at least 2021 “by making repeated false claims for reimbursement, taking and retaining Lifeline funds that it was not entitled to receive, providing false information about its Lifeline customers, and deceiving the FCC about its compliance with program rules. Asad directed these illegal activities and conspired with others to commit the fraud.” When Mr. Asad and other Q Link Wireless employees learned that the Federal Communications Commission (FCC) was investigating them for Lifeline compliance, they “created and provided false records to the FCC to conceal the scam and to continue collecting reimbursement.
As part of a plea agreement, Asad is facing a statutory maximum sentence of 5 years’ imprisonment on Count 1 and 5 years’ imprisonment on Count 2. The exact sentence will be determined by the U.S. District Court for the Southern District of Florida after considering the sentencing guidelines and other statutory factors. In connection with the Lifeline fraud, Asad and Q Link will pay jointly $109,637,057 in restitution to the FCC. Asad will pay $1,758,339.25 in restitution to the U.S. Small Business Administration, and will pay a forfeiture judgment against him of at least $17,484,118.
Final Agenda For FCC Open Meeting On October 17, 2024
October 10, 2024 – The Federal Communications Commission has released the final agenda for its next Open Meeting set for Thursday, October 17, 2024, at 10:30 a.m. in the FCC’s meeting room. The FCC’s meeting is open to the public, but all guests must check in with and be screened by FCC security at the main entrance. All FCC open meetings are streamed live at: www.fcc.gov/live and on the FCC’s YouTube channel.
Achieving 100% Wireless Handset Model Hearing Aid Compatibility (WT Docket No. 23-388) – The Commission will consider a Report and Order adopting a 100% hearing aid compatibility requirement for all wireless handset models offered for sale or use in the United States and implementation provisions related to this requirement.
Implementation of the National Suicide Hotline Act of 2018 (WC Docket No. 18-336) – The Commission will consider a Third Report and Order and Third Further Notice of Proposed Rulemaking that would adopt rules requiring wireless providers to implement a georouting solution for 988 calls to ensure that the 988 Suicide & Crisis Lifeline can connect callers to geographically appropriate crisis centers based on the caller’s general location. The Third Further Notice would also propose and seek comment on requiring covered text providers to support georouting for covered 988 text messages.
Restricted Adjudicatory Matter – The Commission will consider a restricted adjudicatory matter from the Media Bureau.
Connect2Health Task Force – The Commission will receive a presentation from the Connect2Health Task Force on updates to maternal health data in the Mapping Broadband Health in America platform.
FCC Announces New Chief Technology Officer Andy Hendrickson
October 3, 2024 – The Federal Communications Commission’s Enforcement Bureau has established a Chief Technology Officer position within the Bureau, and has announced that Andy Hendrickson will fill the role. In his role as Bureau CTO, Mr. Hendrickson will “provide strategic and technical advice on technological developments and issues with respect to the Enforcement Bureau’s work and as part of the ongoing effort to strengthen the Bureau’s technical expertise in support of its privacy, data protection, cybersecurity, and network outage enforcement work.” Mr. Hendrickson also will work with the FCC’s Privacy and Data Protection Task Force on issues such as data breaches of telecommunications, cable, and satellite providers; network outages caused by cyberattacks; and supply chain vulnerabilities involving third-party vendors that service regulated communications providers, including cloud providers.
FCC & DOJ Release Cybersecurity Resource Guide For Schools & Libraries
October 2, 2024 – The Federal Communications Commission and the Department of Education, with the help of the Cybersecurity and Infrastructure Security Agency, have released a resource guide to help schools and libraries evaluate cybersecurity risks and identify their most impactful cybersecurity solutions. The guide is intended to help schools and libraries complete applications for the FCC’s Schools and Libraries Cybersecurity Pilot Program which will provide up to $200 million to selected schools and libraries to defray the costs of cybersecurity equipment and services.
Mergers & Acquisitions: Aristotle Unified Communications Transferring Missouri CAF Phase II Locations To Wisper ISP
October 1, 2024 – The FCC’s Wireline Competition Bureau is seeking public comment on a Section 214 transfer of control application filed by Aristotle Unified Communications Inc. (Aristotle) and Wisper ISP, LLC (Wisper), requesting consent to assign Aristotle’s domestic section 214 authorization for its State of Missouri Connect America Fund (CAF) Phase II auction locations (Assigned Census Blocks) to Wisper. Following consummation, Wisper will assume the deployment, performance, and other obligations for the Assigned Census Blocks. Comments are due on or before October 4, 2024. Reply comments are due October 11, 2024.
Aristotle is an Arkansas corporation that provides voice and broadband service in rural communities using fixed wireless and fiber. Aristotle has been authorized to receive $3,001,544.70 in CAF Phase II support for the Assigned Census Blocks in Missouri to deploy voice and 25/3 Mbps broadband service to 788 locations.
Wisper is a Delaware limited liability company that provides fixed wireless or fiber-based broadband and voice services to approximately 20,000 residential and business subscribers in Arkansas, Illinois, Indiana, Kansas, Missouri, and Oklahoma. Wisper has been designated an Eligible Telecommunications Carrier to receive CAF Phase II support of approximately $220 million to serve 80,149 locations in Arkansas, Illinois, Indiana, Kansas, Missouri, and Oklahoma
Pursuant to an Assignment and Assumption Agreement, Wisper will acquire the Assigned Census Blocks, assets Aristotle has acquired with CAF support, unexpended CAF support, and the right to receive future CAF support. And, Wisper will assume the deployment and performance obligations and any compliance gap consequences associated therewith.