Broadband | FCC | Wireline | Wireless | Cybersecurity | Congress | Privacy | Universal Service

March 2020

__________

February 2020

FCC Fines Nationwide Mobile Wireless Providers For Privacy Violations

February 28, 2020 – The Federal Communications Commission has issued Notices of Apparent Liability against all four U.S. nationwide mobile wireless providers for apparent violations of Section 222 of the Communications Act. Following lengthy investigations of each wireless provider, the FCC concluded each apparently disclosed its customers’ location information, without their consent, to third parties who were not authorized to receive it.

Verizon Communications – Proposed penalty of $48,318,750 for apparently violating section 222 of the Communications Act and  the FCC’s regulations governing the privacy of customer information. In addition, even after a highly publicized incident put the Company on notice that its safeguards for protecting customer location information were inadequate, Verizon apparently did not reform them for many months—leaving its customers’ data at unreasonable risk of unauthorized disclosure.

T-Mobile USA, Inc. – Proposed penalty of $91,630,000 for apparently violating section 222 of the Communications Act and  the FCC’s regulations governing the privacy of customer information. In addition, even after highly publicized incidents put the Company on notice that its safeguards for protecting customer location information were inadequate, T-Mobile apparently continued to sell access to its customers’ location information for the better part of a year without putting in place reasonable safeguards—leaving its customers’ data at unreasonable risk of unauthorized disclosure.

Sprint Corporation – Proposed penalty of $12,240,000 for apparently violating section 222 of the Communications Act and  the FCC’s regulations governing the privacy of customer information. In addition, even after highly publicized incidents put the Company on notice that its safeguards for protecting customer location information were inadequate, Sprint apparently continued to sell access to its customers’ location information for more than a year without putting in place reasonable safeguards—leaving its customers’ data at unreasonable risk of unauthorized disclosure.

AT&T Inc. – Proposed penalty of $57,265,625 for apparently violating section 222 of the Communications Act and  the Commission’s regulations governing the privacy of customer information. In addition, even after highly publicized incidents put the Company on notice that its safeguards for protecting customer location information were inadequate, AT&T apparently continued to sell access to its customers’ location information for nearly a year without putting in place reasonable safeguards—leaving its customers’ data at unreasonable risk of unauthorized disclosure.

USDA Announces $28 Million ReConnect Program Broadband Award In Virginia

February 28, 2020 – The U.S. Department of Agriculture has announced a $2.3 million ReConnect Pilot Program broadband award has been made to Central Virginia Electric Cooperative in Virginia. Central Virginia Electric Cooperative will use a $28 million ReConnect Program loan and grant combination to construct a fiber-to-the-premises network encompassing 704 square miles. The service area is expected to reach 17,023 households, 35 pre-subscribed businesses, 20 pre-subscribed farms, 15 educational facilities, 15 critical community facilities and six health care centers in Albemarle, Amherst, Appomattox, Buckingham, Campbell, Cumberland, Fluvanna, Greene, Goochland, Louisa, Orange, Prince Edward and Powhatan counties. USDA’s ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces Three ReConnect Program Broadband Awards Totaling $19 Million In Texas

February 28, 2020 – The U.S. Department of Agriculture has announced three ReConnect Pilot Program broadband awards totaling $19 million have been made in Texas.

Border to Border Communications will use a $5 million ReConnect grant and a $5 million ReConnect loan to deploy a Fiber-to-the-Premises network in rural Texas. The funded service area includes 5,153 households, 20 farms, 15 pre-subscribed businesses, 15 educational facilities, and 10 critical community facilities spread over 938 square miles in Webb and Zapata counties.

Mid-South Synergy will use a $6 million ReConnect grant to deploy a Fiber-to-the-Premises broadband network in rural Texas. This network will be capable of symmetrical transmission speeds of at least 100 Mbps. The service area includes 786 households, 26 farms, 17 pre-subscribed businesses and seven critical community facilities spread over 385 square miles in Brazos, Grimes, Madison and Walker counties.

Peoples Telephone Cooperative Inc. will use a $3 million ReConnect grant to deploy a Fiber-to-the-Premises broadband network in rural areas of Texas. The funded service area includes 914 households and two critical community facilities spread over 28 square miles in Titus, Camp and Wood counties.

USDA’s ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC Begins Collecting Information On The Use Of Huawei And ZTE Equipment And Services In U.S. Communications Networks; All ETCs Must Respond By April 22, 2020

February 26, 2020 – The FCC’s Wireline Competition Bureau and Office of Economics and Analytics have announced the commencement of an information collection on the use of Huawei Technologies Company and ZTE Corporation equipment and services in U.S. communications networks. Pursuant to the FCC’s 2019 Supply Chain Order, Eligible Telecommunications Carriers (ETCs) must report the extent to which their networks contain or use potentially prohibited equipment or services provided by Huawei, ZTE, or their subsidiaries, parents, or affiliates, and the costs associated with removing such equipment and replacing it with equivalent equipment. The portal for ETCs to submit information is available at www.fcc.gov/supplychain. The information collection is mandatory for all ETCs and their subsidiaries and affiliates. ETCs that do not use equipment or services from Huawei or ZTE are required to report that they do not use such equipment or services. Filings must be submitted on or before April 22, 2020.

USDA Announces $2.3 Million ReConnect Program Broadband Award In Nevada

February 25, 2020 – The U.S. Department of Agriculture has announced a $2.3 million ReConnect Pilot Program broadband award has been made to Beehive Telephone Company Inc. in Nevada. Beehive Telephone Company will use a $2.3 million ReConnect grant to construct a fixed wireless system and three Fiber-to-the-Premises systems to connect 273 households, seven businesses, seven farms and a critical community facility in a 229-square-mile area of eastern Elko and White Pine counties. The service area includes the Pilot Valley and Montello communities in Elko County, and the Pleasant Valley community and Burbank exchange in White Pine County. USDA’s ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces $9.1 Million ReConnect Program Broadband Award In South Carolina

February 25, 2020 – The U.S. Department of Agriculture has announced a $3.3 million ReConnect Pilot Program broadband award has been made to TruVista Communications Inc. in South Carolina. TruVista will use a $9.1 million ReConnect grant to deploy 257 miles of fiber-optic cable in unserved areas of Kershaw County. The investment is expected to cover an 81-square-mile area that includes 6,251 rural households, 24 farms, 15 businesses, four critical community facilities, three educational facilities and a health care center. USDA’s ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces $3.3 Million ReConnect Program Broadband Award In Montana

February 24, 2020 – The U.S. Department of Agriculture has announced a $3.3 million ReConnect Pilot Program broadband award has been made to Southern Montana Telephone Company in Montana. Southern Montana Telephone Company will use a $3.3 million ReConnect Program grant to construct a fiber-to-the-home network in Beaverhead County. The 1,688-square-mile service area includes 109 households, 26 farms and ranches, seven businesses and the Grant Fire Station. Improved broadband access in Beaverhead County will make a significant impact on agricultural and small businesses. Farmers and ranchers will be able to monitor their operations in real time and use high-speed internet to buy, sell or trade livestock. USDA’s ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

SpaceX Meets With FCC To Discuss RDOF Auction Participation

February 21, 2020 – Representatives from Space Exploration Technologies Corp. recently met with staff from FCC Chairman Ajit Pai’s Office and FCC Commissioner Carr’s Office to discuss rules proposed for the FCC’s Rural Digital Opportunity Fund (RDOF) proceeding. During the ex parte meetings, SpaceX discussed the company’s future high-speed satellite broadband service, and SpaceX’s ability to provide low-latency services. SpaceX explained that “[s]atellite latency is a function of its altitude; SpaceX’s system operates at an altitude of 550 kilometers, meaning the round trip time for a signal to be sent from Earth to its satellites and back is a fraction of the 100 millisecond threshold the Commission set for [RDOF] low-latency services.” SpaceX stated that the FCC’s proposed RDOF framework contains “well-crafted safeguards that strike a balance to encourage intermodal competition while also ensuring no bidder – regardless of technology – will claim they can provide service levels beyond their actual capabilities.” SpaceX then explained that “the potential prohibitions on any satellite operator, including any operator of a Low Earth Orbit satellite system, from bidding as low-latency services or from bidding in higher speed performance tiers could upset this careful balance.”

USDA Announces Two ReConnect Program Broadband Awards Totaling $5 Million In Georgia

February 20, 2020 – The U.S. Department of Agriculture has announced two ReConnect Pilot Program broadband awards totaling $5 million have been made in Georgia.

The Darien Telephone Company will use a $1 million ReConnect Program grant to expand high-speed internet service to underserved households and businesses in McIntosh County, using Fiber-to-the-Premises technology. The project’s service area includes 257 households, 17 pre-subscribed businesses and a critical community facility.

The Pembroke Telephone Company will use a $2 million ReConnect Program grant and a $2 million ReConnect Program loan to build an FTTP network to provide high-speed internet to residents, businesses and farms in Evans County. The project’s service area includes 964 households, 20 pre-subscribed farms and 15 pre-subscribed businesses.

USDA’s ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

March 24th – Florida, Illinois, Minnesota, Ohio & Wisconsin Must Begin Using National Lifeline Eligibility Verifier For All New Enrollments

February 20, 2020 – The FCC’s Wireline Competition Bureau has announced that starting on March 24, 2020, Lifeline providers in in Florida, Illinois, Minnesota, Ohio, and Wisconsin must use the National Lifeline Eligibility Verifier for all consumers applying for Lifeline service and must cease using legacy eligibility processes for prospective Lifeline subscribers. As of March 24, 2020, consumers in those five states can begin to check their eligibility for Lifeline service directly by using the National Verifier consumer portal available at CheckLifeline.org. USAC will continue after March 24, 2020 to verify that subscribers in the National Verifier for Florida, Illinois, Minnesota, Ohio, and Wisconsin are eligible to receive Lifeline service through the process that was initiated during the soft launch on December 16, 2019. Annual recertification will now be conducted by the National Verifier for all Lifeline consumers in these five states. More information is available from the Bureau’s Public Notice.

USDA Announces $24 Million ReConnect Program Broadband Award In Utah

February 20, 2020 – The U.S. Department of Agriculture has announced a $24 million ReConnect Pilot Program broadband award has been made to UBTA-UBET Communications Inc., dba STRATA Networks in Utah. STRATA Networks will use an $11.8 million loan and an $11.8 million grant to expand high-speed broadband connectivity within the Uintah Basin, including Ute Indian Tribe communities on the Uintah and Ouray reservation. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

Annual CPNI Certifications Due March 2, 2020

February 19, 2020 – 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 Customer Proprietary Network Information (CPNI) rules by March 2, 2020. Failure to comply with the CPNI rules, including the annual certification requirement, may result in an enforcement action, including monetary forfeitures of up to $204,892 for each violation or each day of a continuing violation, up to a maximum of $2,048,915. The Enforcement Advisory includes a list of frequently asked questions; a CPNI certification template; and (3) text of the CPNI rules.

FCC Seeking Comment on Three Net Neutrality Remand Issues

February 19, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on three issues on remand from the U.S. Court of Appeals for the District of Columbia Circuit which are related to the FCC’s 2018 Restoring Internet Freedom Order. In Mozilla Corp. v. FCC, the D.C. Circuit upheld the vast majority of the Restoring Internet Freedom Order, but remanded three discrete issues related to Public Safety, Pole Attachments, and the Lifeline Program for further consideration by the FCC. Comments are due on or before March 30, 2020, and reply comments are due April 29, 2020.

ISPs File Lawsuit To Stop Maine’s New Privacy Law

February 14, 2020 – Four trade associations representing the nation’s largest ISPs have filed a lawsuit challenging the state of Maine’s new privacy law. The legal challenge to Maine’s law – L.D. 946 (enacted June 6, 2019) – was filed by ACA Connects – America’s Communications Association, CTIA – The Wireless Association, NCTA – The Internet & Television Association, and USTelecom – The Broadband Association. The trade associations claim the law “imposes unprecedented and unduly burdensome restrictions on ISPs’, and only ISPs’, protected speech. These include restrictions on how ISPs communicate with their own customers that are not remotely tailored to protecting consumer privacy.” They further argue that by targeting ISPs alone, the law “deliberately thwarts federal determinations about the proper way to protect consumer privacy — that is, with technology-neutral, uniform regulation.” The law takes effect on July 1, 2020. The ISP trade associations are seeking a declaration that the law violates the First Amendment, and an injunction. The suit was filed in U.S. District Court for the District of Maine.

USDA Announces $3.4 Million ReConnect Program Broadband Award In Illinois

February 14, 2020 – The U.S. Department of Agriculture has announced a $3.4 million ReConnect Pilot Program broadband award has been made to Hamilton County Telephone Cooperative Corporation Inc. in Illinois. Hamilton County Telephone Cooperative will use a $3,431,236 grant to deploy a Fiber-to-the-Premise network in rural areas of Illinois. The funded service areas include 603 households spread over 77 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

Ninth Wave! FCC Authorizes More CAF II Auction Funding

February 13, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II Auction support for 1060 winning bids. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. The Bureau authorized the support amounts 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 February 2020 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. Additionally, the Bureau has announced it will post a state-level summary under the “Data” tab on the Auction 903 webpage. The summary will provide for each long-form applicant included in this most recent authorization: (1) the total support amount over 10 years and total number of locations that the long-form applicant is being authorized for in each state, (2) the total number of locations to which the authorized support recipient must offer the required voice and broadband services for each performance tier and latency in each state, and (3) the eligible census blocks included in the winning bids that are being authorized in each state.

FCC Authorizes $7 Million New York CAF Phase II Auction Support For Hughes Network Systems

February 13, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund (CAF) Phase II New York state auction support for Hughes Network Systems, LLC. Over a ten-year period, Hughes Network will receive $7,026,075 to serve 22,305 locations in 5,379 census blocks in New York. The Bureau authorized the support amounts 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 February 2020 and continuing until 120 equal monthly payments have been made.

USDA Announces Four ReConnect Program Broadband Awards In Tennessee Totaling $9 Million

February 13, 2020 – The U.S. Department of Agriculture has announced that four ReConnect Pilot Program broadband awards have been made in Tennessee.

Ben Lomand Holdings Inc. will use a $2.2 million ReConnect Program grant to deploy a fiber-to-the-premises network to rural northeastern Cumberland County. The funded service areas include 222 households, six pre-subscribed businesses and three pre-subscribed farms spread over 100 square miles.

North Central Communications Inc. will use a $1.4 million ReConnect Program grant to provide broadband service to residents and businesses in rural Smith County. The funded service areas include 164 households, 10 pre-subscribed businesses and 21 pre-subscribed farms spread over 22 square miles.

Peoples Telephone Company, dba TEC, will use a $1 million ReConnect Program loan and a $1 million ReConnect Program grant to provide broadband service to residents and businesses in rural Houston, Henry, Stewart and Montgomery counties. The funded service areas include 642 households, two pre-subscribed businesses and five pre-subscribed farms spread over 38 square miles.

United Communications Inc. will use a $3.3 million ReConnect Program grant to provide broadband service to residents and businesses in rural Wilson, Rutherford, Williamson and Maury counties. The funded service areas include 2,716 households, 13 pre-subscribed businesses, 12 pre-subscribed farms and a critical community facility spread over 48 square miles.

USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC To Release Mobility Fund Phase II Coverage Data; Objections Due Feb. 27

February 12, 2020 – The FCC’s Rural Broadband Auctions Task Force, Office of Economics and Analytics, Wireless Telecommunications Bureau, and Wireline Competition Bureau have announced they intend to publicly release carrier-specific 4G LTE coverage maps derived from data submitted pursuant to the Mobility Fund Phase II Challenge Process Order. A total of 48 mobile wireless service providers filed Mobility Fund Phase II data. The coverage maps the FCC is planning to release show 4G LTE coverage of each of the 48 mobile service providers that filed data, as well as coverage aggregated across spectrum bands, but only 4G LTE coverage as reported for the Mobility Fund Phase II data. Parties that submitted coverage data have ten business days to object to the release of their own data, making the deadline for filing such objections February 27, 2020. If the FCC receives no objections, it will publicly release the coverage maps on March 2, 2020.

FTC Demands Information From Big Tech Companies On Prior Acquisitions

February 11, 2020 – The Federal Trade Commission has issued Special Orders requiring Alphabet Inc. (Google), Amazon.com, Inc., Apple Inc., Facebook, Inc., and Microsoft Corp. to provide information about prior acquisitions not previously reported to the FTC and the U.S. Department of Justice antitrust division under the Hart-Scott-Rodino (HSR) Act. The five big tech companies must provide information and documents on the terms, scope, structure, and purpose of transactions each company consummated between January 1, 2010, and December 31, 2019. The information is expected to “help the FTC deepen its understanding of large technology firms’ acquisition activity, including how these firms report their transactions to the federal antitrust agencies, and whether large tech companies are making potentially anticompetitive acquisitions of nascent or potential competitors that fall below HSR filing thresholds and therefore do not need to be reported to the antitrust agencies.” The FTC issued the Special Orders under Section 6(b) of the FTC Act, which authorizes the FTC to conduct wide-ranging studies that do not have a specific law enforcement purpose.

SDNY Issues Decision Approving T-Mobile’s Purchase of Sprint

February 11, 2020 – The U.S. District Court for the Southern District of New York has issued a decision in favor of T-Mobile and Sprint in the antitrust lawsuit filed by a group of States Attorneys General. The States sought to enjoin T-Mobile’s acquisition of Sprint. The following language is from the Court’ opinion summarizing its decision to reject the States’ challenge on three essential points:

• First, the Court is not persuaded that Plaintiff States’ prediction of the future after the merger of T-Mobile and Sprint is sufficiently compelling insofar as it holds that New T-Mobile would pursue anticompetitive behavior that, soon after the merger, directly or indirectly, will yield higher prices or lower quality for wireless telecommunications services, thus likely to substantially lessen competition in a nationwide market.

• Second, the Court also disagrees with the projection Plaintiff States present contending that Sprint, absent the merger, would continue operating as a strong competitor in the nationwide market for wireless services.

• Similarly, the Court does not credit Plaintiffs States’ evidence arguing that DISH would not enter the wireless services market as a viable competitor nor live up to its commitments to build a national wireless network, so as to provide services that would fill the competitive gap left by Sprint’s demise.

Comments On Modifications To California Consumer Privacy Act Proposed Regulations Due February 25th

February 10, 2020 – The California Department of Justice has released revisions to the proposed regulations regarding the California Consumer Privacy Act. The deadline to comment on the new proposed regulations is Tuesday, February 25, 2020. Changes to the proposed CCPA regulations were made in response to comments received regarding the proposed regulations and to clarify and conform the proposed regulations to existing law.

Kansas Broadband Task Force Releases 2020 Report

February 10, 2020 – The Kansas Statewide Broadband Expansion Planning Task Force has issued a report to the Kansas legislature on expanding and improving broadband service in the state of Kansas. First, the report recommends the Kansas legislature create a broadband policy statement goal that considers broadband as not only reliable Internet access, but as a tool for attracting and promoting economic development, public safety, educational opportunities, health care, and agriculture. Second, the report recommends the creation of a broadband grant program, with an initial budget of $10 million, and administered by the Kansas Department of Commerce. Many of the details of the grant program are based on the Missouri Rural Broadband Development Fund. Third, the report recommends improving broadband mapping in the state. Additionally, the report summarizes key information from the meetings of the Task Force and its three subcommittees.

FCC Releases Draft C-Band Auction Application And Bidding Procedures Public Notice

February 7, 2020 – The FCC has released a draft Public Notice which outlines proposed application and bidding procedures for Auction 107, an auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (C-Band). It will be voted on during the FCC’s next open meeting on February 28, 2020. The auction would offer fourteen 20-megahertz blocks of spectrum licensed by Partial Economic Area (PEA) service area, for a total of 5,684 new flexible-use overlay licenses. The Public Notice proposes to establish two categories of generic blocks in each PEA: Category A would consist of blocks in the lower 100 megahertz (3.7–3.8 GHz); and Category BC would consist of blocks in the remaining 180 megahertz (3.8–3.98 GHz). Auction 107 is tentatively set to commence on December 8, 2020.

HHS Publishes 2020 Federal Poverty Guidelines Applicable To Lifeline Eligibility

February 7, 2020 – The U.S. Department of Health and Human Services has published the 2020 Federal Poverty Guidelines, which can be used to determine whether a consumer qualifies for Lifeline program benefits. The 2020 poverty guidelines are in effect as of January 15, 2020. 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 2020 poverty guidelines. Lifeline service providers are required to update their processes and begin using the 2020 Federal Poverty Guidelines by the end of the first quarter of 2020 (Tuesday, March 31, 2020).

FCC Releases Draft C-Band Order

February 7, 2020 – The FCC has released a draft Report And Order And Order Of Proposed Modification which would repurpose the C-Band (3.7 to 4.2 GHz) for 5G and wireless broadband services. It will be voted on during the FCC’s next open meeting on February 28, 2020. According to the Fact Sheet, the draft order, if adopted, would require the following:

• Clear the lower 280 megahertz of the C-band (3.7-3.98 GHz) in the contiguous U.S. and make it available for flexible use, including 5G, via a public auction. The 20 megahertz above that would serve as a guard band (3.98-4 GHz). Existing satellite operations would be repacked into the upper 200 megahertz of the band (4.0-4.2 GHz).

• Set a deadline of September 2025 for clearing, and give satellite operators the opportunity to clear the lower portion of the C-band on an accelerated timeline, in exchange for accelerated relocation payments. The accelerated payments could total up to $9.7 billion and would be paid by winning bidders in the C-band auction. Eligible space station operators that choose to accelerate the clearing would have to meet the following accelerated timeline: (1) clearing 100 megahertz for terrestrial operations in 46 of the nation’s top 50 Partial Economic Areas by September 30, 2021; and (2) clearing the entire 280 megahertz for terrestrial operations in the contiguous United States by September 30, 2023.

• Require incumbent fixed service licensees in the contiguous U.S. to relocate their point-to-point links to other bands by September 30, 2023.

• Cover reasonable relocation costs of the C-band’s current users through reimbursement by the winning bidders in the C-band auction.

• Establish a Relocation Payment Clearinghouse to manage the intake, payout, and auditing of relocation funds.

• Establish a Relocation Coordinator to coordinate the transition between satellite operators and incumbent earth stations to ensure uninterrupted service during and following the transition.

• Adopt service and technical rules for flexible-use licensees in the 280 megahertz of spectrum designated for transition to flexible-use.

FCC Releases Draft CBRS Auction Application And Bidding Procedures Public Notice

February 7, 2020 – The FCC has released a draft version of the Citizens Broadband Radio Service auction application and bidding procedures Public Notice, which will be considered during the FCC’s February 28, 2020, open meeting. The CBRS auction (Auction 105) will offer Priority Access Licenses (PALs) in in the 3550-3650 MHz CBRS band. Auction 105 will assign up to seven PALs in each county-based license area, for a total of 22,631 PALs nationwide. Each PAL will consist of a 10-megahertz unpaired channel. PALs are 10-year renewable licenses. The auction format will be an ascending clock auction, similar to that used in Auctions 102 and 103, in which bidders indicate their demands for generic license blocks in specific counties. However, there will not be an assignment phase. The CBRS PAL auction is set to begin on June 25, 2020.

USDA Announces $4.4 Million ReConnect Program Broadband Award In Georgia

February 7, 2020 – The U.S. Department of Agriculture has announced a $4.4 million ReConnect Pilot Program broadband award has been made to the Ellijay Telephone Company in Georgia. Ellijay Telephone Company will use a $4,411,079 ReConnect Program grant to deploy 90 miles of fiber-optic network infrastructure in Gilmer County. The funded service areas include 2,159 households, 25 pre-subscribed businesses, 24 pre-subscribed farms, one educational facility, and two critical community facilities spread over 11 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC February 28th Meeting To Include C-Band Auction Items

February 7, 2020 – FCC Chairman Ajit Pai has announced the tentative agenda for the FCC’s February open meeting set for Friday, February 28, 2020:

Expanding Flexible Use of the C-Band – The FCC will consider a Report and Order and Proposed Order of Modification that would reform the use of the 3.7-4.2 GHz band, also known as the C-Band, to promote U.S. leadership in the next generation of wireless services, including fifth-generation (5G) wireless and other advanced spectrum-based services, and close the digital divide. (GN Docket No. 18-122)

C-Band Auction Bidding Procedures – The FCC will consider a Public Notice that would seek comment on procedures for the auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (Auction 107) for Next Generation Wireless Services. (AU Docket No. 20-25)

Auction of Priority Access Licenses for the 3.5 GHz Band – The FCC will consider a Public Notice that would establish application and bidding procedures for Auction 105, the auction of Priority Access Licenses in the Citizens Broadband Radio Service in the 3550-3650 MHz band. (AU Docket No. 19-244)

TV White Spaces – The FCC will consider a Notice of Proposed Rulemaking that would propose targeted changes to the white space device rules in the TV bands (channels 2-35) to provide improved broadband coverage that would benefit American consumers in rural and underserved areas. (ET Docket No. 20-36)

Rural Digital Opportunity Fund Bidding Procedures – The FCC will consider a Public Notice that would launch the process of establishing pre- and post-auction application procedures and competitive bidding procedures to allocate up to $16 billion to support the deployment of fixed broadband networks in rural America in Phase I of the Rural Digital Opportunity Fund. (AU Docket No. 20-34)

Electronic Delivery of Carriage Election Notices – The FCC will consider a Report and Order that would modernize the carriage election notice provisions in the FCC’s Rules for low-power TV and noncommercial educational translator stations, which are not required to maintain online public inspection files. (MB Docket Nos. 17-317, 17-105)

Amending Record Requirements on Cable Operator Interests in Video Programming – The Commission will consider a Notice of Proposed Rulemaking that would seek comment on whether to eliminate or modify the requirement in the FCC’s Rules that cable operators maintain records in their online public inspection files regarding the nature and extent of their attributable interests in video programming services. (MB Docket Nos. 20-35, 17-105)

Promoting Public Safety Through Information Sharing – The Commission will consider a Second Further Notice of Proposed Rulemaking that would provide state and federal agencies with read-only access to communications outage data for public safety purposes while also preserving the confidentiality of that data. (PS Docket No. 15-80)

FCC Chairman Announces Details Of Plan To Auction C-Band Spectrum

February 6, 2020 – FCC Chairman Ajit Pai has announced the details of the FCC’s plan to repurpose the C-Band (3.7 to 4.2 GHz) for 5G and wireless broadband services, which will be voted on during the FCC’s next open meeting on February 28, 2020. Today, the C-Band is mostly used by fixed satellite companies to transmit content (space-to-earth) to video and audio broadcasters, cable systems, and other content distributors. Under the proposal, the FCC will clear the lower 280 megahertz of the C-band (3.7-3.98 GHz) and make it available for flexible use, including 5G services, through a public auction. Existing satellite operations will be repacked into the band’s upper 200 megahertz (4.0-4.2 GHz). Satellite operators and other incumbents will receive reimbursements for reasonable relocation costs. Satellite operators will have the opportunity to receive accelerated relocation payments if they are able to clear the lower portion of the C-Band on an accelerated timeline. A 20 megahertz guard band (3.98-4 GHz) will separate the lower and upper portions of the repurposed band. Commencement of the C-Band public auction will be  scheduled for December 8, 2020.

FCC To Consider TV White Space NPRM During February 28th Open Meeting

February 5, 2020 – FCC Chairman Ajit Pai has announced the FCC will consider a Notice of Proposed Rulemaking aimed at revising certain TV white space rules during the next FCC open meeting on February 28, 2020. The term “TV white space” refers to broadcast television spectrum that is currently not in use for licensed service. Nearly 90% of the lower 48 U.S. states have at least eight white space channels per zip code (each channel is 6 MHz). Presently, the FCC allows operation of white space devices in unused channels of broadcast television spectrum, in the guard band between television spectrum and 600 MHz downlink services, in the 600 MHz duplex gap, and on TV channel 37. According to the FCC News Release, the new TV White Space NPRM proposes to permit white space devices to transmit at a higher power level, and proposes to increase the maximum antenna height for fixed white space devices in rural areas. Increased antenna height and higher transmit power will increase the range at which a white space device’s transmitted signal can be received. In other words, the changes, if adopted, would improve wireless broadband coverage. Additionally, the NPRM proposes allowing higher power mobile operations within geo-fenced areas; proposes rule revisions to facilitate the development of new and innovative narrowband Internet of Things-based services; and proposes to increase the minimum required separation distances for white space devices operating at higher power in order to protect other authorized services from interference.

FCC Releases Information On Auction 103 Assignment Phase

February 5, 2020 – The FCC’s Office of Economics and Analytics and Wireless Telecommunications Bureau (WTB) have released a Public Notice which provides information regarding the assignment phase of the incentive auction of Upper Microwave Flexible Use Service licenses in the Upper 37 GHz, 39 GHz, and 47 GHz bands (Auction 103). During the assignment phase, bidders that won at least one generic block of spectrum in one Partial Economic Area in the clock phase of the auction may place bids for specific frequency blocks. Bidders will be able to access the assignment phase bidding system between 10:00 a.m. ET on Tuesday, February 11, 2020, and 12 noon ET on Wednesday, February 12, 2020, to download their assignment phase bidding options. A mock assignment phase auction will take place on Thursday, February 13, 2020. The first round of the assignment phase bidding will begin on Tuesday, February 18, 2020.

USDA Announces $13.3 Million ReConnect Program Broadband Award In Oklahoma

February 4, 2020 – The U.S. Department of Agriculture has announced $13.3 million in ReConnect Pilot Program broadband awards have been made to Pine Telephone and Pine Cellular in Oklahoma. Pine Telephone will receive a $5.6 million grant, and Pine Cellular will receive a $7.7 million grant. Both projects will deploy fiber-to-the-premises in parts of Pushmataha and McCurtain counties. These combined investments are anticipated to impact 1,022 households, 44 farms and ranches, 35 small businesses, as well as the police and fire departments in the towns of Rattan and Haworth. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

Mergers & Acquisitions: Mecklenburg Electric Cooperative Subsidiary Purchasing Buggs Island Telephone Cooperative Of Virginia

February 3, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on a domestic Section 214 application filed by Buggs Island Co-operative d/b/a Buggs Island Telephone Cooperative (BIT), EMPOWER Broadband, Inc., and EMPOWER Telecom, Inc. requesting approval for the transfer of BIT’s assets to EMPOWER Telecom. BIT is a Virginia incumbent local exchange carrier that provides local exchange, exchange access, and Internet access services in Brunswick and Mecklenburg Counties of Virginia. BIT is a cooperative corporation, wholly owned by its approximately 2830 customer-members, with no party owning greater than ten percent of the company. EMPOWER Broadband is a Virginia corporation that offers middle mile capacity and retail high-speed internet service to southern Virginia over its fiber optic cable network. It is a wholly-owned subsidiary of Mecklenburg Electric Cooperative, a not-for-profit Virginia utility consumer services cooperative and a public utility supplying retail electric distribution services to member-consumers in Virginia and North Carolina. Mecklenburg Electric Cooperative is owned by its approximately 31,000 customer-members with no individual owning a 10 percent or greater interest. EMPOWER Telecom is a newly-formed Virginia corporation organized as a public service corporation to conduct the business of a “small investor-owned telephone utility,” is a wholly-owned subsidiary of Mecklenburg Electric Cooperative.

After the transaction is consummated, EMPOWER Telecom will provide the same incumbent local exchange services currently offered by BIT, but pursuant to a separate Master Service Agreement with EMPOWER Broadband using the transferred assets (both facilities and staff). EMPOWER Telecom will provide these services rather than Broadband because Broadband is an unregulated affiliate of a cooperative, and as such, under Virginia law, it may not provide regulated services. The application states that the transaction will enable EMPOWER Broadband to upgrade BIT’s telecommunications facilities and provide fiber optic internet services to BIT’s subscribers more quickly. Comments on the Section 214 application are due on or before February 18, 2020. Reply comments are due February 25, 2020.

FCC Releases List Of States That Have Asserted Regulatory Authority Over Pole Attachments

February 3, 2020 – The FCC has released a list of states that have asserted regulatory jurisdiction over pole attachments. They are Alaska, Arkansas, California, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Kentucky, Louisiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Oregon, Utah, Vermont, Washington, and West Virginia. Those states have certified that they have issued and made effective rules and regulations implementing their regulatory authority over pole attachments, including a specific methodology for such regulation which has been made publicly available in the state.

FCC Grants Limited Waiver Of Broadband Performance Pre-Testing Random Sample Requirements For CAF II Price Cap Carriers

February 3, 2020 – On its own motion, the FCC’s Wireline Competition Bureau has provided a limited waiver of the random sample requirements for speed and latency and timing, but only for pre-testing, for recipients of Connect America Fund (CAF) Phase II model-based support (price-cap carriers). These carriers may extend the first-quarter pre-testing period until April 30, 2020 and, if necessary, use a non-random, carrier-generated sample of subscribers for that pre-testing period. As explained in the Bureau’s waiver order, price cap carriers receiving CAF Phase II model-based support must still complete two separate quarters of pre-testing in 2020 and comply with the adopted requirements for third and fourth quarter 2020 testing with a random sample of subscribers generated through the Universal Service Administrative Company’s randomization tool.

NECA Proposes Modification Of Average Schedule Formulas For 2020

February 3, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on the National Exchange Carrier Association, Inc.’s (NECA) proposed modification of average schedule formulas, which are scheduled to be effective from July 1, 2020 to June 30, 2021. NECA’s proposed formula changes would result in a 3.3% overall increase in settlements at constant demand, although actual settlements are expected to be lower, on average, due to projected losses of access lines and reductions in demand for special access services. The formula’s impact on individual average schedule companies will vary depending on company size, demand trends, and other characteristics. Comments are due on or before March 4, 2020, and reply comments are due March 19, 2020.

USDA Announces $10.3 Million ReConnect Program Broadband Award In New York

February 3, 2020 – The U.S. Department of Agriculture has announced a $10.3 million ReConnect Pilot Program broadband award has been made to Yates County in New York. Yates County will use a $10.3 million ReConnect Program grant to deploy a fiber-to-the-home broadband network capable of delivering speeds up to 1 Gbps. The project will deliver high-speed broadband, which will help improve the overall quality of life for residents and businesses in and around Yates County. The funded service areas include 2,875 households and two educational facilities spread over 142 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

Mergers & Acquisitions: Missouri Network Alliance Purchasing Illinois Network Alliance

February 1, 2020 – The FCC’s Wireline Competition Bureau has invited comments on an application to transfer control of Illinois Network Alliance, LLC to Missouri Network Alliance, LLC d/b/a Bluebird Network (MNA). Comments are due on or before February 14, 2020, and reply comments are due February 21, 2020. The Illinois Network Alliance is owned jointly by 10 rural communications companies in Illinois, and was created in 2009 to build and operate a fiber network for the provision of transport and Internet services to wholesale customers in Illinois, Kentucky, and Tennessee. MNA was founded in 1999 by 15 rural communications companies in Missouri to build and operate a fiber network for the provision of transport and Internet services to wholesale and enterprise customers in Missouri, Iowa, Oklahoma, Kansas and Nebraska. MNA also provides tandem switching and transport services for interexchange carriers in Missouri. MNA holds a 10 percent membership interest in Illinois Network Alliance, and pursuant to an operating services agreement, MNA manages much of Illinois Network Alliance’s day-to-day business operations. MNA is owned by MIP IV MidWest Fiber, LLC, which is indirectly controlled through a number of holding companies by Macquarie Group Limited, a publicly traded company incorporated in Australia.

FCC Publishes Universal Service Monitoring Report Based On Data Through September 2019

February 1, 2020 – The FCC has published the 2019 Universal Service Monitoring Report. It was prepared by staff for the Federal-State Joint Board on Universal Service, and is based on data through September 2019 compiled by the FCC, the National Exchange Carrier Association (NECA), and the Universal Service Administrative Company (USAC). In the report, there are new sections with data broken out between Alternative Connect America Cost Model (A-CAM) and legacy carriers to provide (i) additional information on historical high-cost support for rate-of-return carriers, and (ii) additional information on switched access lines and interconnected VoIP subscribers for rate-of-return carriers. The report also contains additional data on broadband deployment and residential high-speed internet subscribership by state.

Eleventh Circuit Opinion Narrows TCPA’s Definition of Autodialer

February 1, 2020 – The U.S. Court Of Appeals For The Eleventh Circuit has issued an opinion in Glasser v. Hilton, which narrows the Telephone Consumer Protection Act’s definition of an automatic telephone dialing system. The Telephone Consumer Protection Act defines an “automatic telephone dialing system” as “equipment which has the capacity – (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” Some lengthy, but impressive statutory interpretation was required in order for the court to reach its decision. In general, the court held that for a phone system to be considered an autodialer, it must use randomly or sequentially generated numbers. This has the effect, at least in the Eleventh Circuit, of removing smartphones from the reach of the TCPA’s definition of autodialer.

February 2020

__________

January 2020

FCC To Fine Wireless Carriers For Illegal Sale Of Subscribers’ Real-Time Location Data

January 31, 2020 – FCC Chairman Ajit Pai has announced that the FCC’s Enforcement Bureau recently concluded an investigation into mobile wireless carrier’s disclosure of their customers’ real-time location data. According to Chairman Pai, one or more wireless carriers apparently violated federal law. Chairman Pai made the announcement in various letters responding to Congressional inquiries about the status of the investigation. He intends to circulate one or more notices of apparent liability for forfeiture in connection with the investigation.

Auction 103 Clock Phase Ends, Bidders Win 14,142 Of 14,144 Available Licenses

January 30, 2020 – The FCC has announced that bidding in the clock phase of Auction 103 for licenses in the Upper 37 GHz, 39 GHz, and 47 GHz bands concluded following round 104. Gross proceeds in the clock phase reached $7,561,724,774, and bidders won 14,142 of 14,144 available licenses (99.9%). Winning bidders will now have the opportunity to bid for frequency-specific licenses in the assignment phase of Auction 103.

USDA Announces Four ReConnect Program Broadband Awards In Maine Totaling Nearly $10 Million

January 30, 2020 – The U.S. Department of Agriculture has announced that four ReConnect Pilot Program broadband awards have been made in Maine.

The Town of Arrowsic will use a $604,254 ReConnect Program grant and a $604,254 ReConnect Program loan to construct a fiber-optic broadband network with speeds up to 100 Mbps to connect 237 households, 20 pre-subscribed businesses and four pre-subscribed farms.

Monhegan Plantation will use a $626,298 ReConnect Program grant to connect the entire island community in Lincoln County, which is home to a school, power district, municipal office, museum, post office, library, and several inns and small businesses. The project’s service area includes 40 households, an educational facility, a critical community facility, 11 pre-subscribed farms and 15 pre-subscribed businesses.

The Town of Roque Bluffs will use an $893,170 ReConnect Program grant to construct a fiber-optic network to connect 166 households, 22 pre-subscribed farms and 16 pre-subscribed businesses in Washington County. The network will connect to the Downeast Ring of Maine’s “three-ring-binder” network backbone in Machias, 4.5 miles from the town line on Roque Bluffs Road.

The Biddeford Internet Corporation will use a $3.5 million ReConnect Program grant and a $3.5 million ReConnect Program loan to expand its gigabit Fiber-to-the-Premises network to connect 4,084 households, 30 pre-subscribed farms, 28 educational facilities, 23 pre-subscribed businesses, 15 health care centers and 12 critical community facilities in Hebron, Sumner, Hartford, Buckfield, Canton, North Turner, Turner, South Paris and West Paris.

USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces $1.6 Million ReConnect Program Broadband Award In Arizona

January 29, 2020 – The U.S. Department of Agriculture has announced a $1.6 million ReConnect Pilot Program broadband award has been made to Wecom Inc. in Arizona. Wecom Inc. will use a $1.6 million ReConnect Pilot Program grant to construct a Fiber-to-the-Premises and hybrid Fiber-to-the-Node fixed wireless system that is expected to connect 1,492 households in Peach Springs, many belonging to members of the Hualapai Tribe, and the surrounding area to high-speed internet. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces Four ReConnect Program Broadband Awards In Kentucky Totaling $55.3 Million

January 29, 2020 – The U.S. Department of Agriculture has announced that four ReConnect Pilot Program broadband awards have been made in Kentucky.

Ballard Rural Telephone Cooperative Corporation will use a $2.4 million ReConnect Program grant to deploy a fiber-to-the-premises network in rural McCracken County. The funded service areas include 578 households and a critical community facility spread over 20 square miles.

Duo County Telephone Cooperative Corporation Inc. will use an $18.7 million ReConnect Program grant to deploy a fiber-to-the-premises network in rural Adair, Cumberland and Russell counties. The funded service areas include almost 3,650 households spread over 45 square miles.

Gibson Electric Membership Corporation will use a $32 million ReConnect Program loan to deploy a fiber-to-the-premises network in rural Fulton, Graves and Hickman counties in Kentucky, and in Dyer, Lake, Obion and Weakley counties in Tennessee. The funded service areas include almost 7,400 households spread over 1,056 square miles.

Thacker-Grigsby Telephone Company Inc. will use a $2.3 million ReConnect Program grant to deploy a fiber-to-the-premises network in rural Breathitt County. The funded service area includes 637 households spread over 109 square miles.

USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces $2.4 Million ReConnect Program Broadband Award In Washington

January 29, 2020 – The U.S. Department of Agriculture has announced a $2.4 million ReConnect Pilot Program broadband award has been made to Mason Public Utility District 3 in the state of Washington. Mason Public Utility District 3, based in Shelton, Washington, will use a $2.4 million ReConnect Program grant to provide high-speed broadband to the unserved Three Fingers community in Grapeview, Washington. The Three Fingers Rural Broadband Fiber Project will provide middle-mile and last-mile fiber-optic service to each premises located within the targeted area. The funded service area includes 163 households spread over three square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces $15.5 Million ReConnect Program Broadband Award In Louisiana

January 28, 2020 – The U.S. Department of Agriculture has announced a $15.5 million ReConnect Pilot Program broadband award has been made to Star Telephone Company, Inc. in Louisiana. Star Telephone Company will use $7,762,847 in loan funding and $7,762,847 in grant funding to deploy a fiber broadband network. The funded service areas include 2,609 households, 13 educational facilities, 2 healthcare centers, and 8 critical community facilities spread over 136 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC Inspector General Issues Advisory: Massive Lifeline Fraud Due To Failure To Comply With Usage Rule

January 28, 2020 – The FCC’s Office of Inspector General has issued an advisory on compliance with the Lifeline program’s usage rule. Pursuant to that rule, Lifeline providers are only authorized to receive universal service support reimbursement for Lifeline service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage in accordance with the FCC’s rules. The Section 54.407(c)(2) usage rule applies to Lifeline service that does not require the provider to assess and collect a monthly fee from its subscribers. According to the advisory, the OIG is currently investigating some Lifeline providers regarding significant potential violations of the Lifeline usage rule, and the OIG “suspects non-compliance with the usage rule by both large and small carriers may be more widespread.” In September 2019, the FCC announced it is investigating nationwide wireless provider Sprint Corp. for claiming monthly reimbursements for serving approximately 885,000 Lifeline subscribers, even though those subscribers were not using the service. The OIG suspects some usage rule violations may be the result of willful conduct, while other violations may reflect the failure of management to establish appropriate policies and procedures, properly train and supervise employees, or adequately test usage mechanisms.

USDA Announces Five ReConnect Program Broadband Awards In Missouri Totaling $61 Million

January 28, 2020 – The U.S. Department of Agriculture has announced that five ReConnect Pilot Program broadband awards have been made in Missouri.

Mid-States Services LLC will use a $3 million loan to provide unserved and underserved members in and around Trenton, Mo., with Fiber-to-the-Home broadband services. The project is expected to reach 566 households, a highway patrol office, and an elementary school spread over 144 square miles.

Total Highspeed LLC will use a $20.1 million loan and a $20.1 million grant to build a Fiber-to-the-Premises network to improve broadband services to families and businesses in rural Greene County. The project is expected to reach 8,683 households, 20 pre-subscribed farms, 15 pre-subscribed businesses, eight critical community facilities, 12 educational facilities and a health care center spread over 451 square miles.

Gascosage Electric Cooperative, serving Camden, Maries, Miller, Phelps and Pulaski counties, will use a $7 million loan and a $7 million grant to develop a Fiber-to-the-Premises broadband network for its most rural areas. The project is expected to reach 20 pre-subscribed farms, 20 pre-subscribed businesses, 1,177 households and two fire protection districts spread over 160 square miles.

Green Hills Telephone Corporation will use a $2.6 million grant to expand its Fiber-to-the-Premises network to rural areas in Caldwell and Livingston counties. The project is expected to reach 20 pre-subscribed farms, 20 pre-subscribed businesses, 546 households, a fire protection district and two educational facilities spread over 42 square miles.

Marshall Municipal Utilities will use a $575,000 loan and a $575,000 grant to provide high-quality internet access to rural areas of Saline County. By expanding its current service area, an additional 21 pre-subscribed farms, 18 pre-subscribed businesses, 763 households, a private school and a nursing home will have access to broadband.

USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC Establishes Uniform Deadlines For Deployment And Reporting Obligations For CAF Phase II Auction Support Recipients

January 27, 2020 – The FCC’s Wireline Competition Bureau has issued an Order establishing uniform deadlines related to deployment and reporting obligations for authorized Connect America Fund Phase II Auction support recipients and New York’s New NY Broadband Program support recipients. The uniform deadlines are intended to reduce confusion; ensure continued compliance with the obligations; and decrease administrative burdens. Accordingly, service milestone deadlines for all CAF Phase II Auction support recipients will fall at the end of the calendar year, and Section 54.316(c)(2) annual location filing and Section 54.316(b)(4) certification deadlines will fall on March 1. As a result, the Bureau will consider January 1, 2020 to be the commencement of the deployment timeline for all CAF Phase II support recipients, rather than the release date of the Bureau’s authorization public notice.

FCC Eliminates Amortization Rule For E-Rate Non-Recurring Category One Service Charges

January 27, 2020 – The Federal Communications Commission (FCC) has eliminated an E-Rate Program rule requiring schools and libraries to amortize over three years upfront, non-recurring charges of $500,000 or more for category one services, including charges for special construction projects (i.e. fiber networks). The amortization requirement was put in place in 2000, but in a 2014 E-Rate order, the FCC suspended it for funding year 2015 through funding year 2018, and then extended it through funding year 2019. The FCC then initiated a rulemaking aimed at repealing the rule. Based largely on E-Rate participants’ experiences during the time the rule was suspended, the FCC has eliminated the amortization requirement. The FCC’s order cites the experiences of two New Mexico school systems which were able to reduce the costs of upgrading their networks to 10 Gbps and 1 Gbps connections when the amortization rule was temporarily suspended. Eliminating the rule, according to the FCC, will lower barriers to broadband deployment to schools and libraries, lessen administrative burdens of the E-Rate program for applicants, and improve the efficient use of E-Rate funds.

USDA Announces Two ReConnect Program Broadband Awards In Arkansas Totaling $7.1 Million

January 21, 2020 – The U.S. Department of Agriculture has announced ReConnect Pilot Program broadband awards have been made to Yelcot Telephone Company and Mountain View Telephone Company in Arkansas. Yelcot Telephone Company will use a $1.7 million ReConnect Program grant and a $1.7 million loan to deploy a fiber-to-the-home network with approximately 61 miles of fiber that is expected to connect 548 households spread over 24 square miles in Baxter and Marion counties. The Mountain View Telephone Company will use a $3.7 million ReConnect Program grant to deploy a fiber broadband network project with approximately 97 miles of fiber. The network is expected to connect 702 households, farms, and businesses in the funded service areas that are spread over 98 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC Releases Report On Fixed Competitive ETC Legacy USF Support

January 21, 2020 – The FCC’s Wireline Competition Bureau has issued an updated report showing the legacy universal service support amounts associated with competitive eligible telecommunications carriers (ETCs) offering service to fixed locations. The report shows 78 fixed, competitive ETS are receiving $6.1 million in annual legacy support. Fixed competitive ETCs began receiving legacy support at a reduced level on June 1, 2019.

USDA Announces $18.7 Million ReConnect Program Broadband Grant In West Virginia

January 20, 2020 – The U.S. Department of Agriculture has announced a ReConnect Pilot Program broadband grant award has been made to Harrison Rural Electrification Association Inc. in West Virginia. Harrison will use the $18.7 million ReConnect Program grant to construct a fiber-to-the-premises network that is expected to connect 6,320 households, five educational facilities, a critical community facility and approximately 383 farms spread across 355 square miles in rural West Virginia. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces $5.7 Million ReConnect Program Broadband Grant In Nebraska

January 17, 2020 – The U.S. Department of Agriculture has announced a ReConnect Pilot Program broadband grant award has been made to Eastern Nebraska Telephone Company. The company will use the $5.7 million ReConnect grant to construct 221 miles of fiber-to-the-premises broadband infrastructure to bring service to rural areas of Pierce County, Wayne County and Madison County in Nebraska. Eastern Nebraska Telephone Company will use matching funds of $1.9 million to complete the project, for a total project cost of $7.6 million. The network will extend broadband services to every household and business in the funded area, which includes 489 households spread over 387 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

USDA Announces Three ReConnect Program Broadband Awards In Iowa & Minnesota Totaling $11 Million

January 17, 2020 – The U.S. Department of Agriculture has announced three ReConnect Pilot Program broadband awards have been made to Harmony Telephone Company, Osage Municipal Utilities, and Consolidated Telephone Company to bring broadband service to areas in Iowa and Minnesota. Harmony Telephone Company will use a $2.7 million ReConnect Program loan and a $2.7 million grant to construct a fiber-to-the-premises network to connect 577 households, a health care center and a critical community facility spread over 143 square miles in several counties bordering southern Minnesota and northern Iowa. Osage Municipal Utilities in northern Iowa will use a $397,749 ReConnect Program grant to deploy fiber-to-the-premise and hybrid-fiber-coax infrastructure to serve farms, residents, and businesses located in rural areas of Mitchell County, Iowa. The funded service area includes 151 households spared over 20 square miles. Consolidated Telephone Company will use a $5.2 million ReConnect Program grant to construct a fiber-to-the-premises network to serve portions of Cherry and Great Scott townships in Minnesota. Consolidated will leverage existing middle-mile infrastructure, in partnership with Northeast Service Cooperative, and require only an additional 157.1 miles of new FTTP construction. The funded service area includes 667 households, two educational facilities and two critical community facilities. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband network infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

NIST Releases Privacy Framework Version 1.0

January 16, 2020 – The National Institute of Standards and Technology (NIST) has released Version 1.0 of the Privacy Framework: A Tool For Improving Privacy Through Enterprise Risk Management. NIST describes the privacy framework as “a voluntary tool that can help organizations manage privacy risk arising from their products and services,” and can help demonstrate compliance with applicable privacy laws, such as the CCPA and GDPR. The NIST privacy framework has an overarching structure modeled on the well-known NIST cybersecurity framework. The privacy framework is composed of three parts: the Core, which offers a set of privacy protection activities; the Profiles, which help determine which of the activities in the Core an organization should pursue to reach its goals most effectively, and the Implementation Tiers, which help optimize the resources dedicated to managing privacy risk. A preliminary draft of the privacy framework was released in September 2019, followed by a public comment period before the release of Version 1.0. NIST plans to continually update and improve the privacy framework over time.

Mergers & Acquisitions: Premier Communications Purchasing Assets Of Spencer Municipal Utilities In Iowa

January 16, 2020 – The FCC’s Wireline Competition Bureau has invited comments on an application filed by Spencer Municipal Utilities (SMU) and Premier Communications, Inc. requesting approval to transfer assets and customers of SMU to Premier. SMU is a municipal utility that provides competitive local exchange, long distance voice telecommunications, Internet, and cable television services (approximately 2,725 lines) in Clay County, Iowa. Premier provides competitive local exchange, long distance voice telecommunications, Internet, and cable television services (approximately 7,200 lines) in Iowa. Upon closing the transaction, Premier will transfer the SMU physical assets and Internet and video customers in the town of Fostoria, Iowa to Premier’s affiliate, Milford Communications, LLC. Milford Communications provides cable TV and broadband services in the towns of Milford and Fostoria, Iowa, but does not offer voice service. The SMU voice customers in Fostoria will remain with Premier. Comments on the domestic Section 214 joint application are due on or before January 30, 2020, and reply comments are due February 6, 2020.

CenturyLink Fails To Meet CAF Broadband Deployment Obligations

January 15, 2020 – CenturyLink has notified the FCC that it has failed to meet it Connect America Fund (CAF) Phase II broadband deployment obligations in 23 states. In Phase II of the CAF, incumbent price cap carriers were offered high-cost universal service support, on a state-by-state basis, to extend broadband-capable networks to unserved locations while also sustaining existing voice and broadband services. Support amounts are derived from the final version of the Connect America Cost Model (CAM v4.3). 

CenturyLink accepted $505.7 million in annual CAF Phase II support to deploy broadband service to over one million locations in 33 states. CenturyLink, as well as other price cap carriers that accepted support were to deploy 10/1 Mbps broadband service to 40 percent of funded locations by the end 2017; 60 percent by the end of 2018; 80 percent by the end of 2019; and must cover 100 percent of funded locations by the end of 2020.

In its letter to the FCC, CenturyLink states it has now enabled broadband service at speeds of at least 10/1 Mbps or higher to nearly 900,000 locations. However, CenturyLink explains that, based on preliminary year-end data, it may not have met the CAF Phase II eighty-percent interim deployment milestone in twenty-three states. CenturyLink will provide additional information on its efforts to meet the CAF II broadband obligations to USAC’s High Cost Universal Broadband (HUBB) portal by March 1, 2020.

T-Mobile & Inteliquent File Motions To Dismiss Rural Call Completion Class Action Lawsuit

January 15, 2020 – T-Mobile USA, Inc. and Inteliquent, Inc. have each filed a motion to dismiss the lawsuit filed against them by Craigville Telephone Co. and Consolidated Telephone Co. for alleged injuries related to T-Mobile’s use of  local ring back tones in violation of the FCC’s rural call completion rules. T-Mobile argues the complaint should be dismissed for the simple reason that Craigville and Consolidated have failed to plead a plausible theory of injury – they cannot plausibly allege they were harmed by the use of local ring back tones. T-Mobile describes the lawsuit as an opportunistic attempt to parlay a negotiated consent decree between T-Mobile and the FCC into an unwarranted windfall for them. Inteliquent argues the lawsuit should be dismissed because all of the claims against it are barred under relevant statutes of limitations. Inteliquent also claims the complaint has very few factual allegations about Inteliquent, and those that are pleaded are woefully insufficient to state a claim, and actually exonerate Inteliquent. Craigville and Consolidated must file their reply to the motions to dismiss on or before February 10, 2020. T-Mobile and Inteliquent may then reply by February 24, 2020. The lawsuit is captioned as case: 1:19-cv-07190, and was filed in U.S. District Court for the Northern District of Illinois, Eastern Division.

ATIS Releases Guide For Collecting, Documenting, And Finding Public Safety Answering Point Contact Information

January 15, 2020 – The Alliance for Telecommunications Industry Solutions (ATIS) has released a guide detailing how Public Safety Answering Point (PSAP) contact information is to be collected and documented. When certain communications providers experience a network outage that cuts off access to 911 emergency services, they are required to notify PSAPs, but often have difficulty obtaining contact information for relevant PSAPs. The information in the document “addresses the challenges associated with identifying PSAP and 9-1-1 authority recipients of outage notifications and the mechanisms for collecting and standardizing contact information.” The document, Standard Operating Procedures (SOP) for Updating Public Safety Answering Point (PSAP) Outage Contact Information, is available online from ATIS.

FCC Wireline Bureau Intending To Dismiss Eight Petitions For Reconsideration Pending Since 2011

January 14, 2020 – The FCC’s Wireline Competition Bureau has released a list of eight petitions for reconsideration of various aspects of the 2011 USF/ICC Transformation Order which are still pending. All were filed in 2011, and no entities have filed comments or ex partes regarding the petitions for several years. According to the Bureau, the various requests for relief in the petitions appear to be moot or are otherwise no longer relevant. Consequently, each petition will be dismissed with prejudice unless a petitioner files a notice specifying that it objects to the dismissal of its petition. A notice must be filed in the relevant docket within 45 days of the date the Bureau’s Public Notice is published in the Federal Register.

Truth-In-Billing Comments Due February 12, 2020

January 14, 2020 – The FCC’s Consumer and Governmental Affairs Bureau has announced the deadlines to comment on ways to modernize and strengthen the FCC’s truth-in-billing rules. In a December 2019 Public Notice, the Bureau requested comment on proposals to extend truth-in-billing rules to providers of interconnected VoIP services and to require carriers to separate government-mandated charges from other charges on consumers’ telephone bills. Comments are due on or before February 12, 2020. Reply comments are due March 13, 2020.

Rate-Of-Return Carriers Must Report Pre-Existing Broadband Deployment Data To HUBB By March 1, 2021

January 13, 2020 – The FCC’s Wireline Competition Bureau has announced a one-year notice for certain rate-of-return carriers to report pre-existing broadband deployments to the High Cost Universal Service Broadband portal (HUBB). Specifically, rate-of-return carriers receiving CAF-BLS that did not have HUBB reporting obligations prior to December 2018 must submit geo-located broadband deployment information in the HUBB by March 1, 2021 for all locations to which broadband service of 25/3 Mbps or greater has been deployed since May 25, 2016. The Bureau’s Public Notice provides an explanation on the obligation to report geo-located broadband information and make deployment certifications to the Universal Service Administrative Company (USAC). In the 2016 Rate-of-Return Reform Order, the FCC adopted requirements that rate-of-return carriers report geo-located broadband information on new deployments to the HUBB. Carriers that had deployed broadband of 10/1 Mbps to 80% or more of their study areas were not subject to mandatory deployment obligations and thus were not required submit data to the HUBB. However, in the 2018 Rate-of-Return Reform Order, the FCC determined that carriers receiving CAF-BLS should deploy broadband service with speeds of at least 25/3 Mbps and that all CAF-BLS carriers should be subject to deployment and HUBB reporting obligations. Since many rate-of-return carriers were previously not required to report data to the HUBB, the March 1, 2021 deadline is expected to give carriers sufficient time to ensure that all pre-existing deployments since May 25, 2016 are properly geo-located and reported.

FTC and DOJ Announce Draft Vertical Merger Guidelines; Public Comment Due Feb. 11, 2020

January 10, 2020 – The Federal Trade Commission and U.S. Department of Justice’s Antitrust Division are seeking public comment on draft 2020 Vertical Merger Guidelines, which describe how the two agencies review vertical mergers for antitrust violations. While vertical mergers combine two or more companies that operate at different levels in the same supply chain, much of the draft guidelines are based on the agencies’ horizontal merger guidelines issued in 2010. However, the draft 2020 Vertical Merger Guidelines outline the agencies’ principal analytical techniques, practices, and enforcement policy that are specific to vertical mergers. In general, the draft guidelines:

• describe potential anticompetitive effects resulting from vertical mergers, which may include both unilateral and coordinated effects;

• identify foreclosure and raising rivals’ costs and access to competitively sensitive information as potential elements of antitrust harm under unilateral effects;

• describe an analytic framework for analyzing potential anticompetitive effects of foreclosure and raising rivals’ costs;

• discuss how the elimination of double marginalization may mitigate or completely neutralize the potential anticompetitive effects of vertical mergers;

• discuss cognizable merger efficiencies that are specific to vertical mergers; and

• provide a number of examples to provide more clarity about the agencies’ analytical methods in evaluating vertical mergers.

Comments on the draft 2020 Vertical Merger Guidelines can be submitted to VMG Comments, and must be received no later than February 11, 2020.

FCC Tentative Agenda For January 30 Open Meeting

January 9, 2020 – Federal Communications Commission Chairman Ajit Pai has announced the following tentative agenda for the FCC open meeting on January 30, 2020:

• Establishing the Rural Digital Opportunity Fund – The FCC will consider a Report and Order that would adopt a two-phase reverse auction framework for the Rural Digital Opportunity Fund, committing $20.4 billion in high-cost universal service support to bring high-speed broadband service to millions of unserved Americans. (WC Docket Nos. 19-126, 10-90).

• Hearing Aid-Compatible Handset Rules – The FCC will consider a Notice of Proposed Rulemaking that would propose to incorporate a new technical standard for determining whether a wireless handset is hearing aid-compatible and to simplify and update the Commission’s hearing aid compatibility rules. (WT Docket No. 20-3)

• At-Home Call Handling for Video Relay Service – The Commission will consider a Report and Order that would adopt regulations on the handling of Video Relay Service, or VRS, calls by communications assistants working from their homes. (CG Docket Nos. 10-51,03-123)

• Electronic Delivery of Notices to Broadcast Television Stations – The FCC will consider a Report and Order that would 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 instead of on paper. (MB Docket Nos. 19-165, 17-105)

• Enforcement Bureau Action – The FCC will consider an enforcement action.

USDA Announces $48 Million ReConnect Program Broadband Loan In Virginia

January 9, 2020 – The U.S. Department of Agriculture has announced a ReConnect Pilot Program broadband loan award has been made to Wilkes Telephone Membership Corporation Inc. in Virginia. Wilkes will use a $48 million ReConnect Program loan to construct a fiber-to-the-premises network encompassing 1,847 square miles. The service area is expected to reach 22,604 households, 19 educational facilities, eight critical community facilities and one health care center in Halifax, Charlotte, Lunenburg, Mecklenburg, Brunswick, King and Queen, Bedford and Pittsylvania counties. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review first round applications, and will announce additional awards on a rolling basis.

FCC Releases Form 477 Broadband Deployment Data

January 8, 2020 – The FCC has released FCC Form 477 data on fixed broadband deployment and mobile voice and broadband deployment as of December 31, 2018. The fixed broadband data include revisions made by filers through December 3, 2019, while the mobile deployment data include revisions made by filers through June 11, 2019. Both deployment data sets are available for download from the FCC’s Form 477 website.

USDA Announces Two ReConnect Program Broadband Award In North Dakota Totaling $23 Million

January 7, 2020 – The U.S. Department of Agriculture has announced ReConnect Pilot Program broadband awards have been made to Polar Communications Mutual Aid Corp. and Daktel Communications, LLC. Polar Communications Mutual Aid Corp. will use $10,624,167 in grant funding and $10,624,167 in loan funding to deploy an active ethernet fiber-to-the-premise network to areas in rural North Dakota. The funded service areas include 2,237 households, six educational facilities, one health care center, and one critical community facility spread over 1,870 square miles. Daktel Communications, LLC will use $1,809,290 in ReConnect grant funding to construct fiber-to-the-premises network infrastructure north of Jamestown, North Dakota. The funded service areas include 406 households and three educational facilities spread over 354 square miles. Daktel Communications will offer broadband services at 1 gigabit per second symmetrical to locations that were previously unserved in the area. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review first round applications and will announce additional awards on a rolling basis.

FCC Denies Sagebrush Cellular Request For Waiver Of 700 MHz Final Buildout Requirement; Terminates Two Licenses

January 7, 2020 – The FCC’s Wireless Telecommunications Bureau has denied a request filed by Nemont Telephone Cooperative, Inc. on behalf of its wireless subsidiary, Sagebrush Cellular, Inc., for waiver of the final buildout requirement for three lower 700 MHz B Block spectrum licenses. That rule requires lower 700 MHz B Block licensees to provide signal coverage and offer service over at least 70 percent of the geographic areas of their licenses by the end of the initial license term, which was June 13, 2019. Nemont acquired the 700 MHz licenses, which cover rural Montana, in late 2018. In its waiver request, Nemont stated that one license has 34 percent geographic coverage, but no subscribers receiving service; one has 23.8 percent geographic coverage, but no subscribers receiving service; and for one license there is no coverage or service being provided. Nemont pled the following in support of its request for waiver: it is a longtime wireless provider with a substantial record for completing construction of other licenses; it “tried its best” to meet the final buildout requirement; and it will use the spectrum to provide service to extremely remote, rural markets in Montana. With respect to two of the three licenses, the Wireless Bureau found that for a number of reasons, the requirements for waiver have not been satisfied. In particular, the Wireless Bureau rejected Nemont’s “tried its best” argument by explaining that having a short time frame within which to complete construction as a result of a business decision to acquire licenses late in the construction period does not support a grant of waiver relief. Since Nemont was unable to demonstrate it is actually providing service in the geographic areas of the two licenses that have coverage, the Bureau concluded the licenses “automatically terminated in their entirety as of June 13, 2019.” The licenses will eventually become available for reassignment by the FCC. The Wireless Bureau dismissed as moot Nemont’s request to waive the final buildout requirement for the third license because the previous licensee satisfied the requirement for the license in 2016. However, the Bureau denied Nemont’s request to waive the requirement to show substantial service for renewing the license, and will address Nemont’s pending renewal application as a separate matter.

FCC Ready To Authorize CAF II New York Broadband Support For Mid-Hudson Data Corp.

January 6, 2020 – The FCC’s Wireline Competition Bureau has announced it is ready to authorize Connect America Fund Phase II New York Broadband Program support for Mid-Hudson Data Corp. The total support to be authorized is $640,296, for 459 locations in 73 census blocks in New York. To receive the total 10-year support, Mid-Hudson must submit an acceptable irrevocable stand-by letter of credit and Bankruptcy Code opinion letter prior to 6:00 p.m. ET on January 21, 2020.

Comments On FCC National Security FNPRM Due February 3, 2020

January 3, 2020 – The FCC’s Wireline Competition Bureau has announced deadlines to comment in response to the FCC’s Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs Further Notice of Proposed Rulemaking. Comments are due on or before February 3, 2020, and reply comments are due no later than March 3, 2020. In the FNPRM, the FCC proposes: to require as a condition on the receipt of any USF support that providers not use or agree to not use within a designated period of time, communications equipment or services from covered companies; to require providers receiving USF support to remove and replace covered equipment and services from their network operations; to establish a reimbursement program to offset reasonable transition costs, in order to mitigate the impact on affected entities, and in particular small, rural entities; to make the requirement to remove covered equipment and services by providers contingent on the availability of a funded reimbursement program.

Comments On FCC Designations Of Huawei & ZTE As Security Threats Due February 3, 2020

January 3, 2020 – The FCC’s Public Safety and Homeland Security Bureau has announced deadlines to comment on the FCC’s designation of Huawei Technologies Company and ZTE Corporation as “covered companies” in the Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs Report and Order. In that November 2019 Report and Order, the FCC adopted a rule that prospectively prohibits the use of universal service fund support to purchase or obtain any equipment or services produced or provided by a covered company posing a national security threat to the integrity of U.S. communications networks or the U.S. communications supply chain. The FCC initially designated Huawei and ZTE as covered companies and established a process for designating additional covered companies in the future. Interested parties may file comments responding to the initial designations of Huawei and ZTE as covered companies on or before February 3, 2020.

FCC’s USF National Security Blacklist Rule Effective January 3, 2020

January 3, 2020 – A summary of the FCC’s Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs Report and Order has been published in the Federal Register, making it effective January 3, 2020. The Report and Order prohibits the use of universal service fund support to purchase or obtain any equipment or services produced or provided by a covered company posing a national security threat to the integrity of U.S. communications networks or the U.S. communications supply chain. A requirement that USF recipients certify that they are in compliance with the rule will take effect following revision of certain information collections and their approval by the Office of Management and Budget.

Cybersecurity Vulnerability Identification and Notification Act Introduced In Senate

January 1, 2020 – Senators Ron Johnson (R-WI) and Margaret Wood Hassan (D-NH) have introduced Cybersecurity Vulnerability Identification and Notification Act of 2019. If passed, the bill (S. 3045) would give the Department of Homeland Security power to subpoena Internet service providers for information about internet protocol addresses associated with critical infrastructure systems and devices that are connected to the Internet. Currently, there are times when the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) finds a critical infrastructure system which is vulnerable to cybersecurity threats, but is only able to identify the associated numerical IP address and not the entity that controls the information system or connected device. Current law prohibits ISPs from disclosing information about the owner of IP addresses to a governmental entity, unless directed to do so by a valid warrant, court order, or subpoena. The Cybersecurity Vulnerability Identification and Notification Act would give DHS the power to use a subpoena to obtain the name, address, and contact information for the owner of an IP address associated with a critical infrastructure information system or device. The bill has been referred to the Senate Committee on Homeland Security and Governmental Affairs.

January 2020

__________

December 2019

Multiple Lawsuits Filed Against Wawa Over Massive Data Breach

December 27, 2019 – Multiple class-action lawsuits have been filed against Wawa over a recent data breach at Wawa’s more than 850 convenience stores throughout Pennsylvania, New Jersey, Delaware, Maryland, Virginia, Florida, and Washington, DC. According to a statement on Wawa’s website, Wawa’s information security team discovered malware on its payment processing servers on December 10, 2019, and contained it by December 12, 2019. The malware affected customer payment card information used at potentially all Wawa locations beginning at different points in time after March 4, 2019 and until it was contained. The lawsuits were filed in the U.S. District Court For The Eastern District Of Pennsylvania.

FCC Proposes Changes To FCC Forms 499-A & 499-Q; Comments Due January 27, 2020

December 26, 2019 – The FCC’s Wireline Competition Bureau is seeking comment on proposed revisions to FCC Forms 499-A and 499-Q to be used in 2020. Providers of telecommunications services use the forms to report their revenues on a quarterly (499-Q) and annual (Form 499-A) basis to the Universal Service Administrative Company (USAC). The information is used to calculate contributions to the universal service fund (USF), interstate telecommunications relay services (TRS), the administration of the North American Numbering Plan (NANPA), and the shared costs of local number portability administration (LNPA). The Bureau has proposed the following changes to both the 2020 FCC Forms 499-A and FCC Form 499-Q:

• Date Changes: Dates were updated throughout the FCC Forms and instructions. References to “2019” were changed to “2020” and references to “2018” were changed to “2019.”

• Circularity Factor Update: The circularity factor was adjusted and updated in the FCC Form 499-A and the FCC Form 499-Q instructions based upon the quarterly contribution factors.

• Traffic Study Submission: Instructions were updated to reflect that providers are no longer required to file quarterly the traffic studies relied on to report interstate revenues on the FCC Form 499-Q.

• Deletion of References to SMS and MMS Messaging Services: References to text messaging were deleted to conform to a recent FCC decision classifying text messaging as an information service.

• Clarifications and Stylistic Changes: In a number of instances, additional clarifications were made, and minor stylistic changes, such as typos and spacing, were corrected in the FCC Forms 499-A and 499-Q instructions, without changing the substance.

Interested parties may file comments on the proposed changes on or before January 27, 2020.

Commerce Department Extends Deadline To Comment On Proposed Supply Chain Regulations To January 10, 2020

December 23, 2019 – The U.S. Department of Commerce has extended the deadline to comment on the proposed regulations to implement the May 2019 Executive Order on Securing the Information and Communications Technology and Services Supply Chain. Comments and information regarding the proposed regulations must be received by close of business on January 10, 2020. Comments may be submitted to the Department of Commerce by any of the following methods:

• By the Federal eRulemaking Portal: http://www.regulations.gov at docket number DOC-2019-0005.

• By email directly to: ICTsupplychain@doc.gov. Include “RIN 0605-AA51” in the subject line.

• By mail or hand delivery to: Henry Young, U.S. Department of Commerce, ATTN: RIN 0605-AA51, 1401 Constitution Avenue NW, Washington, DC 20230.

The proposed regulations would govern the process and procedures that the Secretary of Commerce will use to identify, assess, and address certain information and communications technology and services transactions that pose an undue risk to critical infrastructure or the digital economy in the United States, or an unacceptable risk to U.S. national security or the safety of United States persons. The Commerce Department has invited comment on all aspects of the proposed regulations, including among other things, the following questions: Are there instances where the Secretary should consider categorical exclusions for certain transactions? Are there classes of persons whose use of information and communications technology and services can never violate the Executive order? Are there transactions involving types or classes of information and communications technology and services where the acquisition or use in the U.S. or by U.S. parties would fall within the terms of the Executive order’s prohibited transactions because the transaction could present an undue or unacceptable risk, but that risk could be reliably and adequately mitigated to prevent the undue or unacceptable risk?

L3Harris Technologies, Inc. Fined $100K For Use Of Unauthorized Satellite Uplink Spectrum

December 20, 2019 – The FCC’s Enforcement Bureau has entered into a Consent Decree with L3Harris Technologies, Inc. (formerly known as Harris Corporation) to resolve an investigation into whether Harris violated section 301 of the Communications Act of 1934 and Sections 25.102 and 5.53 of the FCC’s rules in connection with unauthorized satellite operations. Section 301 of the Communications Act and Section 25.102(a) of the FCC’s rules prohibit the use or operation of any apparatus for the transmission of energy or communications or signals by an earth station except under and in accordance with a Commission-granted authorization. Section 5.53 of the FCC’s rules requires operations in accordance with a license in the Experimental Radio Service, which is intended to allow companies to experiment, develop new products, and conduct market trials. In 2018, the FCC granted Harris a series of Special Temporary Authorities (STAs or ) to deploy and operate a briefcase-sized 6U cubesat called HSAT-1. This “represented the company’s first effort to develop a commercial or experimental small satellite for which it would seek its own license from the Commission.” However, Harris’ ground station then used an unauthorized uplink frequency band to communicated with the HSAT-1 324 times over the course of 13 days. As part of the Consent Decree resolving the matter, Harris admitted that it violated the FCC’s rules, and agreed to implement a compliance plan and pay a $100,000 civil penalty.

FCC Seeking Comment On Robocall Report, Robocall Blocking Options

December 20, 2019 – The FCC’s Consumer and Governmental Affairs Bureau is seeking comment on its staff Report on Robocalls. In February 2019, the Bureau issued a staff Report on Robocalls which examined the state of robocalling in the U.S, including robocall volume, type, and trends in volume and consumer complaints, and described regulatory and industry initiatives to protect consumers from illegal and unwanted robocalls and the challenges that remain. The Bureau is asking for input on the following:

• Availability of Call-Blocking Tools. We seek data and other information on the availability of call-blocking tools offered to consumers.

• Effectiveness of Call-Blocking Tools. We seek data and other information on the effectiveness of call-blocking tools offered to consumers.

• Impact of FCC Actions. How have voice service providers responded to the Commission’s actions to empower them to protect their customers from illegal calls?

• Impact on 911 Services and Public Safety. We seek data and other information on the impact of call blocking on 911 services and public safety.

• Other Relevant Information. We seek comment on any other information that may inform the FCC’s analysis of the state of deployment of advanced methods and tools to eliminate illegal and unwanted calls.

Comments are due on or before 30 days from the date the Public Notice is published in the Federal Register. Reply comments are due 60 days from publication.

Form 509 Waiver – FCC To Allow Rate-Of-Return Carriers To Report Actual Rates For Consumer Broadband-Only Lines

December 20, 2019 – The FCC’s Wireline Competition Bureau, on its own motion, has granted a waiver of certain FCC rules to permit rate-of-return carriers to report their actual consumer broadband-only revenues on the FCC Form 509 due on December 31, 2019. More specifically, the Bureau has waived Sections 54.901 and 54.903 of the FCC’s rules to allow rate-of-return carriers to report their actual rates for consumer broadband-only lines to determine 2018 revenues on their FCC Form 509, rather than imputing revenues based on the maximum rate that would have been assessable pursuant to Section 69.132. The requirement for rate-of-return carriers to impute $42 per loop per month or their consumer broadband-only revenue requirement, where that amount exceeds the actual revenues, will remain in effect.

FCC Ready To Authorize CAF II Auction Support For 2,121 Winning Bids

December 20, 2019 – The FCC’s Wireline Competition Bureau has announced it is ready to authorize Connect America Fund Phase II auction (Auction 903) support for 2,121 winning bids identified in Attachment A of this Public Notice. A list of the winning bids is available as Attachment A to the Bureau’s Public Notice. To be authorized to receive the CAF support, each winning bidder must submit an acceptable irrevocable stand-by letter of credit and Bankruptcy Code opinion letter prior to 6:00 p.m. ET on Friday, January 10, 2020. The Bureau has waived for Wisper ISP, Inc., in Oklahoma, the requirement that CAF II Auction winning bidders certify that they are eligible telecommunications carriers throughout their service territory and to submit appropriate documentation supporting such certification on or before February 25, 2019. Westfield Gas & Electric Light Department has notified the Bureau that it does not intend to pursue one of its winning bids, covering 60 census blocks and 498 locations, and therefore is in default for that bid. Westfield will not receive the $96,450 in support and is subject to forfeiture. The Bureau has referred the default to the FCC Enforcement Bureau.

FCC Announces Results Of Auction Of 833 Toll Free Area Code Numbers

December 20, 2019 – The FCC’s Wireline Competition Bureau has announced the release of a Public Notice by Somos, Inc. which details the winning bidders in the auction of toll free numbers in the 833 area code (833 Auction). The 833 Auction bids raised $285,075, with 39 winning bidders winning a total of 1,659 toll free numbers. Attachment A to the Somos Public Notice lists each toll free number won during the auction, the winning bidder, the winning bid amount, the second-highest bid amount (amount owed for that bid), and if the winning bidder was bidding on behalf of a third party, the name of that third party. Attachment B lists for each qualified bidder: the total payment, which is the sum of the second-highest bids for numbers won by that bidder; the Upfront Payment Amount; and the final payment amount due or refund due. Final payments owed by winning bidders are due by 6pm on January 8, 2020, and late payments, which are subject to a late payment fee, are accepted not later than 6pm on January 15, 2020.

FCC Ready To Authorize CAF II New York Broadband Program Funding For Hughes Network Systems

December 20, 2019 – The FCC’s Wireline Competition Bureau has announced it is ready to authorize $7 million in Connect America Fund Phase II support for Hughes Network Systems, LLC in conjunction with the New York Broadband Program. To be authorized to receive the CAF support, Hughes must submit an acceptable irrevocable stand-by letter of credit and Bankruptcy Code opinion letter prior to 6:00 p.m. ET on Friday, January 10, 2020.

Blockchain of Things, Inc. Reaches Settlement With SEC Over Unregistered Initial Coin Offering, Must Pay $250,000 Fine

December 19, 2019 – The U.S. Securities and Exchange Commission and Blockchain of Things, Inc. (BCOT) have agreed to a settlement over BCOT’s unregistered offering and sale of digital tokens. As explained in the SEC’s Order Instituting Cease-and-Desist Proceedings, BCOT is a technology company established to develop and implement blockchain technology, specifically by providing a platform, or web services layer, designed to improve upon existing blockchain technology. From December 2017 through July 2018, BCOT offered and sold digital tokens to raise capital to develop and implement its business plan. Following an investigation, the SEC determined BCOT’s digital tokens were securities, pursuant to SEC v. W. J. Howey Co., 328 U.S. 293 (1946), and the cases discussed by the SEC in the DAO Report. The SEC concluded that BCOT violated the Securities Act by offering and selling securities without having a registration statement filed or in effect with the SEC or qualifying for exemption from registration. More specifically, the SEC found BCOT violated Section 5(a) of the Securities Act, which states that unless a registration statement is in effect as to a security, it shall be unlawful for any person, directly or indirectly, to make use of any means or instruments of transportation or communication in interstate commerce or of the mails to sell such security through the use or medium of any prospectus or otherwise; or to carry or cause to be carried through the mails or in interstate commerce, by any means or instruments of transportation, any such security for the purpose of sale or for delivery after sale. BCOT also violated Section 5(c) of the Securities Act, which states that it shall be unlawful for any person, directly or indirectly, to make use of any means or instruments of transportation or communication in interstate commerce or of the mails to offer to sell or offer to buy through the use or medium of any prospectus or otherwise any security, unless a registration statement has been filed as to such security. The SEC’s Order requires BCOT to cease and desist from committing or causing any violations and any future violations of Section 5(a) and (c) of the Securities Act. BCOT must pay a civil monetary penalty in the amount of $250,000.00 to the SEC for transfer to the general fund of the United States Treasury. BCOT must make payments pursuant to the following schedule: $62,500 within 30 days of entry of the Order; $62,500 within 60 days of entry of the Order; $62,500 within 90 days of entry of the Order; and the remainder within 120 days of the Order. If timely payment is not made, additional interest will accrue pursuant to 31 U.S.C. §3717.

DMCA Lawsuit Alert! Jury Finds Cox Communications Liable For Copyright Infringement, Awards $1 Billion In Damages To Recording Companies

December 19, 2019 – A jury has found Cox Communications secondarily liable for copyright infringement of 10,017 musical works. The jury awarded $1 billion in statutory damages to the owners of those musical works – $99,830.29 in damages per infringed work. The jury found cox liable for both willful contributory and vicarious infringement. The group of recording companies’ copyright infringement lawsuit, filed in July 2018, was based largely on the claim that Cox failed to terminate repeat copyright infringers, and as a result, rendered Cox unable to claim safe harbor protection under the Digital Millennium Copyright Act.

House Energy & Commerce Committee Leaders Question New FCC 5G Fund Proposal

December 19, 2019 – The leaders of the U.S. House of Representative’s Energy and Commerce Committee and the Communications and Technology Subcommittee have sent a letter to Federal Communications Commission Chairman Ajit Pai, which expresses concern about the FCC’s intention to replace the Mobility Fund Phase II with a new 5G Fund. In the letter, the Committee leaders state that while the new 5G fund will replace MF Phase II, the goals of MF Phase II remain unmet. They further explain that as the FCC moves forward, it is critical that areas that lack 4G LTE coverage – or any connectivity – are not left behind in a rush to advance well intended efforts to deploy 5G. The Committee leaders close the letter by asking for the following information on the FCC’s new 5G fund by January 17, 2020:

• What safeguards will the Commission put in place to ensure that areas eligible for support are based on reliable coverage data?

• How will the Commission determine which services are eligible for support?

• What performance benchmarks will you require to qualify for support?

• What steps will the Commission take to ensure that new services are sufficiently secure?

911 Fee Report Shows 5 States Diverted 911 Fees For Other Purposes

December 19, 2019 – The FCC has released the Eleventh Annual Report To Congress On State Collection And Distribution Of  911 And Enhanced 911 Fees And Charges, covering the period of January 1, 2018 to December 31, 2018. The report details information from 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. The report notes the following key findings:

• In calendar year 2018, states and other reporting jurisdictions collected 911/E911 fees or charges totaling $2,675,270,976.

• 26 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands reported collecting 911/E911 fees at the state level, four states reported collecting fees at the local level, and 18 states collected fees at both the state and local level.

• Five states – Nevada, New Jersey, New York, Rhode Island, and West Virginia – diverted or transferred 911/E911 fees for purposes other than 911/E911 in 2018.

The report also summarizes “state-by-state data on other aspects of 911 deployment in the United States, including the number and type of 911 calls, the number of 911 call centers and telecommunicators, investment in Next Generation 911, programs to support cybersecurity for 911 systems, and the extent of state-level oversight and auditing of the collection and use of 911 fees.” Every annual report on the collection and use of 911 fees is available online from the FCC.

USDA Announces $5.6 Million ReConnect Program Broadband Award In West Virginia

December 18, 2019 – The U.S. Department of Agriculture has announced that the 23nd and 24th ReConnect Pilot Program broadband awards have been made to the Ohio Valley Industrial and Business Development Corporation and the Tyler County Development Authority, Inc. in West Virginia. The Ohio Valley Industrial and Business Development Corporation will use $2,094,500 in grant funding to construct a fiber-to-the-home (FTTH) broadband network utilizing gigabit passive optical network technologies in rural West Virginia. The Corporation will use matching funds in the same amount to complete the project, for a total project cost of $4.2 million. The service area includes 1,909 households, five educational facilities, one health care center and nine critical community facilities spread over 48 square miles in Wetzel County. The Tyler County Development Authority, Inc. will use $1.758 million in grant funding and $1.758 million in loan funding to provide broadband service to underserved households, farms and businesses in Tyler County, West Virginia. The funded service area includes 1,366 households, three educational facilities, one health care center and five critical community facilities spread over 26 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. To date, USDA has provided awards for 25 projects totaling $229,630,148 in funding for high-speed broadband infrastructure in 17 U.S. states. The funded service areas include a total of 44,833 households. USDA continues to review applications and will announce additional awards on a rolling basis.

FCC Order Clarifies Interpretation Of VoIP Symmetry Rule

December 17, 2019 – The Federal Communications Commission has released an Order On Remand And Declaratory Ruling concerning the VoIP Symmetry Rule. The FCC first issued the rule in 2011, and then in 2015, offered an interpretation of the rule that allowed LECs that partner with over-the-top VoIP providers to collect end office switching charges on their VoIP-PSTN traffic. That 2015 interpretation, however, was vacated by the D.C. Circuit Court of Appeals and remanded back to the FCC for further consideration. The Commission’s Order On Remand And Declaratory Ruling provides a new interpretation of the rule. The VoIP Symmetry Rule permits LECs to assess end office switched access charges only if the LEC or its VoIP partner provides a physical connection to the last-mile facilities used to serve an end user. If neither the LEC nor its VoIP provider partner provides such physical connection to the last-mile facilities used to serve the end user, the VoIP-LEC partnership is not providing the functional equivalent of end office switched access and the LEC may not assess end office switched access charges.

Eighth Wave! FCC Authorizes $89.1 Million In CAF II Auction Funding

December 16, 2019 – The FCC’s Wireline Competition Bureau has authorized $89,184,858.40 in Connect America Fund Phase II Auction support for 669 winning bids. The Bureau authorized the support amounts after reviewing the information in each entity’s Auction 903 long-form application, including the letters of credit and Bankruptcy Code opinion letters. A list of the authorized winning bids is available as Attachment A to the Bureau’s Public Notice. The Universal Service Administrative Company may now obligate and disburse Universal Service Fund support to each entity, with payments beginning at the end of December 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. Additionally, the Bureau has announced it will post a state-level summary under the “Data” tab on the Auction 903 webpage. The summary will provide for each long-form applicant included in this most recent authorization: (1) the total support amount over 10 years and total number of locations that the long-form applicant is being authorized for in each state, (2) the total number of locations to which the authorized support recipient must offer the required voice and broadband services for each performance tier and latency in each state, and (3) the eligible census blocks included in the winning bids that are being authorized in each state.

Application Window For Second Round Of USDA ReConnect Pilot Program Opens January 31, 2020

December 12, 2019 – The U.S. Department of Agriculture has announced the second round of the ReConnect Pilot Program will make available up to $200 million for grants, up to $200 million for 50/50 grant/loan combinations, and up to $200 million for low-interest loans. The second round application window will open January 31, 2020, and will close no later than March 16, 2020. The application window applies to all three categories of funding. Applications must be filed electronically through the RUS on-line application portal. Additional details, including program changes for the second round are available from USDA’s Funding Opportunity Announcement (FOA) and solicitation of applications for second round of the ReConnect Program, which was published in the Federal Register.

USDA Announces $9.5 Million ReConnect Program Broadband Award In South Dakota

December 12, 2019 – The U.S. Department of Agriculture has announced that the 22nd ReConnect Pilot Program broadband award has been provided to Valley Telecommunications Cooperative Association, Inc. in South Dakota. The $9,591,131 grant will be used to build a state of the art Fiber-to-the-Home (FTTH) broadband network for currently underserved rural communities in Arlington, De Smet, Flandreau, Lake Preston, and Volga in South Dakota. The funded service areas include 1,754 households, 27 farms, 17 businesses, and one critical community facility spread over 1,003 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review applications and will announce additional awards on a rolling basis.

USF Contribution Factor Set At 21.2 Percent For First Quarter Of 2020

December 12, 2019 – The Federal Communications Commission’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the first quarter of 2020 will be 21.2 percent. This is a decrease from the 25 percent contribution factor that was used for the fourth quarter of 2019, which also was an all-time high. For the first quarter of 2020, the Universal Service Administrative Company (USAC) projects $11.129976956 billion in total interstate and international end-user telecommunications revenues will be collected. USAC estimates that $1.92554 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms in the first quarter of 2020. 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.

USDA Announces $7.9 Million ReConnect Program Broadband Award In North Carolina

December 11, 2019 – The U.S. Department of Agriculture has announced that the 21st ReConnect Pilot Program broadband award has been provided to Atlantic Telephone Membership Corporation in North Carolina. The $7,934,762 in grant funding will be used to build a fiber-optic broadband network in unserved and underserved rural areas of Columbus County, North Carolina. Atlantic Telephone Membership Corporation will provide matching funds of $7,934,762 to complete the project. The service areas include 4,057 households, 15 educational facilities, three health care centers, and 10 critical community facilities spread over 155 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review applications and will announce additional awards on a rolling basis.

National Lifeline Eligibility Verifier To Soft Launch In Florida, Illinois, Minnesota, Ohio, And Wisconsin On December 16

December 9, 2019 – The FCC’s Wireline Competition Bureau has announced that the National Lifeline Eligibility Verifier will soft launch on December 16, 2019 in Florida, Illinois, Minnesota, Ohio, and Wisconsin. The National Lifeline Eligibility Verifier is a centralized system that determines whether subscribers are eligible for Lifeline benefits. It is managed by the Universal Service Administrative Company (USAC). During the soft launch, Lifeline providers in Florida, Illinois, Minnesota, Ohio, and Wisconsin will be able to become familiar with the National Verifier by conducting sample transactions and test its use alongside their systems and business processes. Lifeline providers in those five states have been instructed to not begin any recertifications for Lifeline subscribers as of December 16, 2019, and should finish any currently open recertifications for Lifeline subscribers in these states no later than February 21, 2020. USAC will begin reverification of existing Lifeline subscribers in Florida, Illinois, Minnesota, Ohio, and Wisconsin during the soft launch period. Thus far, the National Lifeline Eligibility Verifier has launched in 42 states. Lifeline providers can find additional information on USAC’s National Verifier website.

FCC Warns Lifeline Providers To Ensure They Claim Support Only For Subscribers That Are Eligible For Lifeline Benefits

December 9, 2019 – The FCC’s Enforcement Bureau has issued an Enforcement Advisory to remind Lifeline providers they “remain responsible for claiming Lifeline support only for eligible low-income consumers.” Even though the FCC has created the National Lifeline Accountability Database, which shows whether a consumer is already receiving a Lifeline-supported service, and the National Lifeline Eligibility Verifier, which shows whether subscribers are eligible for Lifeline benefits, Lifeline providers are not relieved “of their responsibilities to submit accurate claims for Lifeline reimbursement.” The Enforcement Bureau emphasizes that neither the NLAD nor the National Verifier creates a “safe harbor” that relieves Lifeline providers of their responsibility to only claim universal service support for Lifeline subscribers who are actually eligible for the program under the FCC’s rules.

USDA Announces $8.1 Million ReConnect Program Broadband Award In South Carolina

December 9, 2019 – The U.S. Department of Agriculture has announced that the 20th ReConnect Pilot Program broadband award has been provided to Home Telephone Company, Inc. in South Carolina. The $8.1 million in grant funding will be used to deploy 96 miles of fiber-optic cable in unserved areas of Charleston and Berkeley counties in South Carolina. Home Telephone Company will use matching funds of $8,184,531 to complete the project. The funded service areas include 3,780 households, 19 educational facilities, and eight critical community facilities spread out over 219 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. To date, USDA has provided 20 awards under the ReConnect Program totaling $200,074,911 for high-speed broadband infrastructure in 16 U.S. states. The funded service areas include a total of 35,270 households. USDA continues to review applications and will announce additional awards on a rolling basis.

FCC Names Leadership Of Precision Agriculture Task Force Working Groups

December 6, 2019 – FCC Chairman Ajit Pai today has announced the leadership of the four working groups that will support the FCC’s Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture.

Mapping and Analyzing Connectivity on Agricultural Lands Working Group

• Chair: Michael Adelaine, Ph.D., Vice President for Technology and Security, South Dakota State University   

• Vice Chair: Sreekala Bajwa, Ph.D., Vice President, Dean & Director; College of Agriculture & Montana Agricultural Experiment Station. Montana State University

Examining Current and Future Connectivity Demand for Precision Agriculture Working Group

• Chair: Daniel T. Leibfried, Director Advanced Technology, Intelligent Solutions Group, John Deere

• Vice Chair: Blake Hurst, President, Missouri Farm Bureau

Encouraging Adoption of Precision Agriculture and Availability of High-Quality Jobs on Connected Farms Working Group

•  Chair: Mike McCormick, President, Mississippi Farm Bureau Federation   

• Vice Chair: Julie Bushell, President, Paige Wireless, Irrigation Association

Accelerating Broadband Deployment on Unserved Agricultural Lands Working Group 

• Chair: Jeff Pettit, President and CEO, Noash Construction, Inc., National Association of Tower Erectors

• Vice Chair: Heather Hampton Knodle, Vice President, Knodle Ltd. Farms, American Agri-Women

The Task Force will hold its first meeting at 9:30 a.m. on Monday, December 9 in the Commission Meeting Room at FCC Headquarters in Washington, DC.

USDA Announces Four ReConnect Program Broadband Awards In Alabama Totaling $62.3 Million

December 5, 2019 – The U.S. Department of Agriculture has announced that the 16th, 17th, 18th, and 19th ReConnect Pilot Program broadband awards have been provided in Alabama.

Tombigbee Electric Cooperative, Inc. will use a grant/loan combination in the amount of $29.5 million to develop an All-Dielectric Self-Supporting fiber network in unserved areas of Marion, Lamar, Fayette, Franklin, Winston and Walker counties in Alabama. This investment is expected to reach 2,152 households, 20 farms, 15 businesses, 10 critical community facilities, five educational facilities and one health care facility.

Millry Telephone Company, Inc. will use a $28.2 million grant/loan combination to develop a fiber-to-the-home network in Choctaw and Washington counties in Alabama. This investment is expected to reach 3,797 households, 20 farms, 15 businesses, 11 educational facilities, four critical community facilities and two health care centers.

Farmers Telecommunications Cooperative, Inc. will use a $2 million loan to develop a FTTH network in Jackson and DeKalb counties in Alabama. This investment is expected to reach 1,676 homes and one educational facility.

National Telephone of Alabama, Inc. will use a $2.7 million grant/loan combination to develop a fiber-to-the premises network in Colbert County in Alabama. This investment is expected to reach 378 rural households, 17 farms and 14 businesses.

USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. To date, USDA has provided 19 awards under the ReConnect Program totaling $191,890,380 in 16 U.S. states. The funded service areas include a total of 31,490 households. USDA continues to review applications and will announce additional awards on a rolling basis.

2020 Reasonable Comparability Benchmarks For Fixed Voice & Broadband Services

December 5, 2019 – The FCC’s Wireline Competition Bureau has announced the 2020 reasonable comparability benchmarks for fixed voice and broadband services. Eligible telecommunications carriers receiving universal service support that are subject to broadband public interest obligations must provide services that complies with the benchmarks. On an annual basis, the FCC conducts a survey of fixed voice and broadband service rates offered to consumers in urban areas, and then uses the compiled data to determine the reasonable comparability benchmarks for fixed voice and broadband services. The survey shows the 2020 urban average monthly rate for voice service is $34.81. The reasonable comparability benchmark for voice services is two standard deviations above the urban average – $54.76. The reasonable comparability benchmark for broadband service varies depending upon the supported service’s download and upload speeds and monthly usage allowance. Below are various tiers of broadband service along with the applicable reasonable comparability benchmark:

• 10/1 Mbps with 250 GB monthly usage allowance – $76.73

• 10/1 Mbps with unlimited monthly usage allowance – $83.13

• 25/3 Mbps with 250 GB monthly usage allowance – $82.32

• 25/3 Mbps with unlimited monthly usage allowance – $88.83

• 100/10 Mbps with unlimited monthly usage allowance – $111.88

• 500/50 Mbps with unlimited monthly usage allowance – $152.25

• 1000/100 Mbps with unlimited monthly usage allowance – $158.82

Carriers subject to the Alaska Plan are required to meet Alaska-specific benchmarks, which were developed in using data from Alaska carriers serving Alaska urban areas. Broadband providers can access an online tool to determine the benchmark for specific service characteristics – http://www.fcc.gov/encyclopedia/urban-rate-survey-data. The benchmarks apply to incumbent local exchange rate-of-return carriers, incumbent price-cap carriers receiving CAF Phase II support, Rural Broadband Experiment providers, and Connect America Fund Phase II Auction (Auction 903) winners. These providers may offer services other than those meeting the defined benchmark and minimum usage allowance, as long they offer at least one broadband service plan that meets the benchmarks. The usage allowance requirements do not apply to those areas that rely exclusively on satellite backhaul.

Huawei Files Legal Challenge To FCC Order Banning Use Of USF Support To Purchase Huawei Equipment

December 5, 2019 – Chinese telecom equipment manufacturer Huawei Technologies Company has filed a petition for review with the U.S. Court of Appeals for the Fifth Circuit, seeking to overturn a recent FCC decision to prohibit the use of Universal Service Fund (USF) support to purchase Huawei equipment and services. In a November Report and Order, the FCC designated Huawei and ZTE Corporation as posing a threat to the security of U.S. communications networks and the communications supply chain (covered companies) because of their “ties to the Chinese government and military apparatus.” Communications providers are prohibited from using USF support to purchase or obtain any equipment or services produced or provided by a covered company. Accordingly, providers “may not use USF funds to maintain, improve, modify, operate, manage, or otherwise support” Huawei and ZTE equipment or services in any way. Huawei’s legal challenge asks the Fifth Circuit to declare the FCC’s Order unlawful for a number of reasons, including the following arguments:

• The Order exceeds the FCC’s statutory authority because the FCC does not have authority to make national security judgments or to restrict use of USF funds based on such judgments.

• The Commission’s Order is arbitrary and capricious because the Commission failed to address multiple legal arguments and material facts presented in comments on the proposed rule.

• The rule is unlawfully vague and inconsistent with Due Process because the Order states no standard or criteria for identifying a company as a genuine threat to the integrity of U.S. communications networks or supply chains.

USDA Awards $12.8 Million ReConnect Program Broadband Grant/Loan In Illinois

December 4, 2019 – The U.S. Department of Agriculture has announced that the 15th ReConnect Pilot Program broadband award, a grant/loan combination in the amount of $12,780,484 has been provided to Wabash Telephone Cooperative, Inc. in Illinois. The $6,390,242 grant and $6,390,242 loan will be used to deploy a fiber-to-the-home (FTTH) network in portions Jefferson and Wayne counties located in rural southeastern Illinois. The funded service areas include 1,684 households, one health care facility, nine educational facilities, and two critical community facilities spread over 168 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review applications and will announce additional awards on a rolling basis.

FCC Chairman Announces Plan For $9 Billion Rural 5G Fund

December 4, 2019 – Federal Communications Commission Chairman Ajit Pai has announced a plan to create a $9 billion 5G Fund to support the deployment of 5G mobile wireless services in rural America. The 5G Fund will replace the FCC’s Mobility Fund Phase II, which was intended to provide support for 4G LTE services in unserved areas. However, FCC staff recently determined the coverage data submitted by mobile wireless providers as part of a challenge process is unreliable, and was unable to recommended moving forward with Mobility Fund Phase II. Universal service support from the proposed $9 billion rural 5G Fund would be allocated using a reverse auction, targeting hard-to-serve areas with sparse populations and rugged terrain. At least $1 billion of the fund would be set aside specifically for deployments facilitating precision agriculture needs.

Mobility Fund Phase II Report: Mobile Wireless Carriers Overstated 4G LTE Coverage

December 4, 2019 – The FCC has issued a report on its investigation of the 4G LTE coverage maps submitted by mobile wireless carriers during the Mobility Fund Phase II challenge process. The report concludes that the maps submitted by Verizon, U.S. Cellular, and T-Mobile overstate the carrier’s actual 4G LTE coverage, and as a result, recommends the Mobility Fund Phase II challenge process be terminated. As part of the process for determining areas eligible for Mobility Fund Phase II support, the FCC collected maps from mobile wireless providers showing their 4G LTE coverage throughout the U.S. However, following complaints about the accuracy of these coverage maps, FCC staff initiated an investigation of data submitted by Verizon, U.S. Cellular, and T-Mobile to determine whether their maps reflected actual 4G LTE coverage.

During the investigation, FCC field agents reportedly conducted 24,649 on-the-ground drive tests, covering nearly 10,000 miles in 12 states. They also conducted 5,916 stationary speed tests at 42 distinct locations in nine states. Only 62.3% of FCC field agent drive tests achieved at least the minimum download speed predicted by the coverage maps submitted by U.S. Cellular, T-Mobile, and Verizon. Agents were unable to obtain any 4G LTE signal for 38% of drive tests on U.S. Cellular’s network, 21.3% of drive tests on T-Mobile’s network, and 16.2% of drive tests on Verizon’s network, despite each provider reporting coverage in the relevant area. Field agents’ stationary tests showed that each provider achieved sufficient download speeds meeting the minimum cell edge probability in fewer than half of all test locations (20 of 42 locations). Based on information discovered during the investigation, FCC staff makes the following recommendations at the conclusion of the report:

• The FCC should terminate the Mobility Fund Phase II Challenge Process.

• The FCC should release an Enforcement Advisory on broadband deployment data submissions, including a detailing of the penalties associated with filings that violate federal law, both for the continuing FCC Form 477 filings and the new Digital Opportunity Data Collection.

• The FCC should analyze and verify the technical mapping data submitted in the most recent Form 477 filings of Verizon, U.S. Cellular, and T-Mobile to determine whether they meet the Form 477 requirements.

• The FCC should adopt policies, procedures, and standards in the Digital Opportunity Data Collection rulemaking and elsewhere that allow for submission, verification, and timely publication of mobile broadband coverage data.

USDA Awards $6 Million ReConnect Program Broadband Grant In Oregon

December 3, 2019 – The U.S. Department of Agriculture has announced that the 14th ReConnect Pilot Program broadband award, a grant in the amount of $6 million has been provided to Oregon Telephone Corporation to serve nearly 650 new customers in rural Wheeler and Grant counties. The grant will be used to deploy 89 miles of fiber, which will bring broadband service with speeds ranging from 30 Mbps to 1 Gbps to some of the most remote areas of the continental U.S. The network also will allow VoIP and video services to be delivered to each customers. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review applications and will announce additional awards on a rolling basis.

USDA Awards $18.88 Million ReConnect Program Broadband Grant In Alaska

December 3, 2019 – The U.S. Department of Agriculture has announced that the 13th ReConnect Pilot Program broadband award, a grant in the amount of $18,888,668 has been provided to Cordova Telephone Cooperative, Inc. in Alaska. The grant will be used to fund a fiber network, dubbed NICEY (New Internet Communications for Everyone in Yakutat), which will deliver high-speed broadband service to all 662 year-round residents and businesses in the city of Yakutat in southeast Alaska. Yakutat will be connected to Cordova’s submarine fiber optics via a new microwave middle-mile network spanning 230 miles between the two communities. The grant’s funded service area includes 270 households, three critical community facilities and two educational facilities spread over 497 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. USDA continues to review applications and will announce additional awards on a rolling basis.

FCC Grants Waivers For Rate-Of-Return Carriers That Missed HUBB Filing Deadline

December 2, 2019 – The FCC’s Wireline Competition Bureau has granted several petitions requesting waiver of the March 1, 2018 deadline to upload and certify geocoded location information data with the Universal Service Administrative Company (USAC) through the High Cost Universal Broadband (HUBB) portal. Pursuant to the FCC’s rules, rate-of-return carriers are annually required to demonstrate they have met certain broadband deployment obligations by submitting to USAC, using the HUBB, the geocoded locations to which they have newly deployed broadband service. Carriers that fail to properly and timely report and certify their geocoded location information data face loss of support penalties. The now-granted petitions seeking waiver of the HUBB deadline were filed by Blackfoot Telephone Cooperative, Inc. and Fremont Telcom Company; Cascade Utilities Inc., Trans-Cascades Telephone Company, and Rio Virgin Telephone Company; Farmers Mutual Telephone Company d/b/a Heartland Technology; Ketchikan Public Utilities; North-Eastern Pennsylvania Telephone Company; Olin Telephone Company, Inc. (Olin); and Interstate Telecommunications Cooperative, Inc. – MN, Manawa Telephone Company, Sand Creek Communications Company, Telephone Electronics Corporation – AL, Westphalia Telephone Company, and West River Telecom. The Bureau found the waivers to be warranted because the petitioners all described confusion with new HUBB filing requirements and there may have been technical difficulties with accessing or certifying information in the newly deployed HUBB.

FCC Announces 2.5 GHz Rural Tribal Priority Filing Window & Technical Workshop

December 2, 2019 – The FCC’s Wireless Telecommunications Bureau has announced that the 2.5 GHz band Rural Tribal Priority Window will open on Monday, February 3, 2020, and will close on Monday, August 3, 2020. Additionally, the Bureau has announced a Rural Tribal Window workshop will be held at its Washington, DC headquarters on January 14, 2020. Further details will be announced and posted to the Rural Tribal Window website by January 6, 2020. The Rural Tribal Priority Window for Tribal Nations was created in a July 2019 Report and Order in which the FCC revised the regulatory framework governing the 2.5 GHz band (2496-2690 MHz) to eventually make the spectrum available for 5G wireless services. Applicants that file in the Tribal priority window will be able to acquire available Educational Broadband Service (EBS) spectrum on their rural Tribal lands. Eligibility for the Tribal priority window is limited to federally-recognized American Indian Tribes and Alaska Native Villages on rural Tribal lands.

USAC Files First Quarter 2020 USF Contribution Base Data: $11.129 Billion

December 2, 2019 – The Universal Service Administrative Company (USAC) has filed information on the universal service fund (USF) contribution base to be used for the first quarter of calendar year 2020. The total projected collected interstate and international end-user revenue base for the first quarter of 2020 is $11,129,976,956. This is a slight increase from the projected revenue base for the last quarter of 2019, which was $11,017,439,561. USAC’s estimated first quarter 2020 revenue base was derived from projected collected revenue reported by telecommunications service providers using FCC Form 499-Q. According to the filing, as of November 20, 2019, USAC has yet to receive information from 110 providers that had previously submitted end-user revenue information. Upon Federal Communications Commission approval of the total USF contribution base, the quarterly funding requirements for the four USF support mechanisms, and projected administrative costs, the FCC will establish a quarterly USF contribution factor. USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor.

Commerce Department Proposes Rule On Securing U.S. Information And Communications Technology And Services Supply Chain

December 1, 2019 – The U.S. Department of Commerce has issued a proposed rule on Securing the Information and Communications Technology and Services Supply Chain, and has requested comments, which are due on or before December 27, 2019. The proposed rule implements Executive Order 123873, issued in May 2019, and sets out the procedures the Secretary of Commerce plans to use to identify, assess, and address technology and services transactions that pose an undue risk to the U.S., to critical infrastructure or the digital economy in the U.S., or an unacceptable risk to national security or to the security and safety of U.S. persons. The Commerce Department invites comment on all aspects of the proposed regulation, including among other things, the following questions: Are there instances where the Secretary should consider categorical exclusions for certain transactions? Are there classes of persons whose use of information and communications technology and services can never violate the Executive order? Are there transactions involving types or classes of information and communications technology and services where the acquisition or use in the U.S. or by U.S. parties would fall within the terms of the Executive order’s prohibited transactions because the transaction could present an undue or unacceptable risk, but that risk could be reliably and adequately mitigated to prevent the undue or unacceptable risk?

Senators Unveil Consumer Online Privacy Rights Act of 2019

December 1, 2019 – Senate Commerce Committee Ranking Member Maria Cantwell (D-WA) and fellow democratic committee members Senators Brian Schatz (D-HI), Amy Klobuchar (D-MN), and Ed Markey (D-MA) have introduced the Consumer Online Privacy Rights Act of 2019, comprehensive federal online privacy legislation. In general, the requirements of COPRA apply to “covered entities, which is any entity or person that is subject to the Federal Trade Commission Act and processes or transfers covered data, but excluding small businesses. “Covered data” is defined as any information that identifies, or is linked or reasonably linkable to an individual or a consumer device. Title I of COPRA would establish strong data privacy rights for consumers that use online services, including:

• The right to be free from deceptive and harmful data practices; financial, physical, and reputational injury; and acts that a reasonable person would find intrusive, among others.

• The right to access their data and greater transparency, which means consumers have detailed and clear information on how their data is used and shared.

• The right to control the movement of their data which gives consumers the ability to prevent data from being distributed to unknown third parties.

• The right to delete or correct their data.

• The right to take their data to a competing product or service.

Title II of COPRA creates new data security safeguards that require covered entities to designate privacy and data security officers and implement comprehensive privacy and data security programs. Title II requires the Federal Trade Commission to create a new privacy-related bureau to assist the FTC in enforcing COPRA and other Federal laws addressing privacy, data security, and related issues. Among other things, COPRA creates a private right of action for consumers to assert violations against covered entities, and invalidates arbitration agreements and class action waivers with respect to actions brought for COPRA violations. A one page summary of COPRA is available here, and the full text of the bill is available here.

Indiana Announces Three Next Level Connections Broadband Grant Program Awards

December 1, 2019 – Indiana Governor Eric J. Holcomb has announced three additional awards made under its Next Level Connections Broadband Grant Program.

Jackson County Rural Electric Membership Corp. – Bartholomew, Brown, Jackson, Jennings, Lawrence, Monroe, Scott and Washington counties: This project will serve approximately 1,050 unserved households, 25 unserved businesses and eight anchor institutions in Bartholomew, Brown, Jackson, Jennings, Lawrence, Monroe, Scott and Washington counties. The requested grant amount is nearly $1.3 million with a local match of nearly $4 million for a total project cost of nearly $5.2 million.
Mainstream Fiber Networks, LLC – Benton County: This project will serve approximately 2,435 unserved households and 554 unserved businesses in Benton County. The requested grant amount is more than $3 million with a local match of nearly $3.2 million for a total project cost of more than $6.2 million.
Mainstream Fiber Networks, LLC – Floyd County: This project will serve approximately 2,084 unserved households and 389 unserved businesses in Floyd County. The requested grant amount is more than $2 million with a local match of more than $2.1 million for a total project cost of more than $4.1 million.

The funding is part of the initial round of Indiana’s Next Level Broadband Program. Seven awards were previously announced in August 2019. The first round of awards now total $28.4 million for 14 broadband expansion infrastructure projects across Indiana.

December 2019

__________

November 2019

USDA Awards $4.79 Million ReConnect Program Broadband Grant In Wyoming

November 26, 2019 – The U.S. Department of Agriculture has announced that the twelfth ReConnect Pilot Program broadband award, a grant in the amount of $4,795,809 has been provided to All West / Wyoming, Inc. The grant will be used to deploy a fiber-to-the-premise (FTTP) broadband network capable of transmitting data at up to one Gbps in rural Wyoming. The funded service areas include 312 households, four educational facilities, and one critical community facility spread over 136 square miles. USDA’s $600 million ReConnect Program provides loans, grants, and loan/grant combinations to construct broadband infrastructure in rural America. To date, USDA issued 12 ReConnect Pilot Program awards totaling $112,669,975 in funding for high-speed broadband infrastructure which will create or improve connectivity for rural Americans across 13 states. USDA continues to review applications and will announce additional awards on a rolling basis.

FCC Releases Report On “Security Vulnerabilities Within Our Communications Networks: Find It, Fix It, Fund It”

November 21, 2019 – The FCC has released a report from FCC Commissioner Geoffrey Starks’ June 2019 workshop on security threats that arise from the presence of certain Chinese communications equipment within U.S. communications networks and the related services these companies provide. Commissioner Starks’ Find it, Fix it, Fund it workshop also evaluated various solutions to fix the problem and discussed options for funding the replacement of insecure equipment. The report sets out the context in which security problems arise, describes the nature of the threat posed by China and Chinese-manufactured communications equipment, and provides a detailed summary and analysis of the discussions that took place during the workshop. The report concludes that network vulnerabilities must be addressed in order for the benefits of 5G wireless technology to be fully realized, and “finding and replacing untrustworthy equipment is a national problem that requires a national solution.”

FCC Announces Tentative Agenda For December 2019 Open Meeting

November 21, 2019 – Federal Communications Commission Chairman Ajit Pai has announced the following tentative agenda for the FCC’s December 12, 2019 open meeting:

988: Suicide Prevention Hotline Number – The Commission will consider a Notice of Proposed Rulemaking that would propose to designate 988 as the 3-digit number for a national suicide prevention and mental health crisis hotline. (WC Docket No. 18-336)

5.9 GHz Band Spectrum Use – The Commission will consider a Notice of Proposed Rulemaking that would take a fresh and comprehensive look at the rules for the 5.9 GHz band and propose, among other things, to make the lower 45 MHz of the band available for unlicensed operations and to permit Cellular Vehicle to Everything (C-V2X) operations in the upper 20 megahertz of the band. (ET Docket No. 19-138)

Facilitating Shared Use in the 3.1-3.55 GHz Band – The Commission will consider a Notice of Proposed Rulemaking that would seek comment on removing the existing non-federal allocations in the 3.3-3.55 GHz band as a step towards potential future shared use between federal incumbents and commercial users. (WT Docket No. 19-348)

VoIP Symmetry – The Commission will consider an Order on Remand and Declaratory Ruling that would promote continued investment in IP-based networks by clarifying that a local exchange carrier partnering with a VoIP provider may assess end office switched access charges only if the carrier or its VoIP partner provides a physical connection to the last-mile facilities used to serve the end user. (WC Docket No. 10-90, CC Docket No. 01-92) 

Cable Service Change Notifications – The Commission will consider a Notice of Proposed Rulemaking that would seek comment on modernizing requirements for notices cable operators must provide consumers and local franchise authorities. (MB Docket Nos. 19-347, 17-105)

Noncommercial & Low Power FM Station Licensing – The Commission will consider a Report and Order that would revise the Commission’s Noncommercial Educational Broadcast Station and Low Power FM Station comparative processing and licensing rules.  (MB Docket No. 19-3)

Enforcement Bureau Actions – The Commission will consider three enforcement actions.

The Open Meeting is scheduled to commence at 10:30 a.m. EDT. It is open to the public, and will be streamed live at www.fcc.gov/live.

FCC Continues Phase-Down Of Support For Lifeline Voice Service, Adjusts Minimum Lifeline Mobile Broadband Usage Amount

November 19, 2019 – The Federal Communications Commission has issued an Order addressing various petitions seeking waiver of certain changes to Lifeline program rules which will become effective December 1, 2019. First, the FCC has waived the rule updating the Lifeline program’s minimum service standard for mobile broadband usage. It will be set at 3 GB. The minimum service standard for mobile broadband usage was set to increase from 2 GB per month to 8.75 GB per month, based on the formula adopted in the 2016 Lifeline Modernization Order. However, due to “the unexpectedly large growth in mobile broadband usage over the past three years and the resultant unexpectedly large increase to the minimum service standard that results from the formula,” the FCC has waived the rule to the extent it would establish a minimum service standard greater than 3 GB per month, beginning on December 1, 2019. Second, the FCC denied petitions seeking to halt the scheduled phase-down of Lifeline support for voice service until completion of the State of the Lifeline Marketplace Report. The FCC concluded the petitioners failed to establish “that compliance with this rule would be inconsistent with the public interest, or that the effects of the voice support phase-down were uncontemplated by the Commission in the 2016 Order.” Lifeline support for voice service will decrease from $9.25 per month to $7.25 per month on December 1, 2019.

Click Here For More News