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FCC Waives Budget Control Mechanism For Rate-Of-Return Carriers

June 3, 2021 – The Federal Communications Commission (FCC) has issued an Order which waives application of the budget control mechanism for rate-of-return carriers that receive High Cost Loop Support (HCLS) and Connect America Fund Broadband Loop Support (CAF BLS). The waiver effectively sets the budget control adjustment factor to 0 percent for the 2021-2022 tariff year.

There is a “budget” of $2 billion per year for total high-cost universal service support for rate-of-return carriers. In the event total support is forecasted to exceed the $2 billion budget in a given year, the budget control mechanism kicks in to produce support reductions on a going forward basis to forecasted HCLS and CAF BLS disbursements. This ensures the rate-of-return budget only increases to match the rate of inflation.

In May, the Universal Service Administrative Company (USAC) published budget control mechanism data showing an 8.5814 percent the budget control adjustment factor for July 1, 2021, through June 30, 2022. For comparison purposes, the prior budget control adjustment factor was only 3 percent.

On its own motion, the FCC has waived application of the budget control mechanism for the 2021-2022 tariff year “given unique cash flow challenges related to the pandemic.” The FCC noted that the 8.6 percent adjustment factor, which is over twice as high as the prior adjustment factor, is problematic for rate-of-return carriers that are continuing to deal with financial issues related to the coronavirus pandemic:

These circumstances could pose significant burdens on legacy carriers, by subjecting them to insufficient cash flow at a time when they are facing increased expenses. To ensure that these small companies are not subject to financial strain, we find it is in the public interest to waive the application of our rules. The last year of the COVID-19 pandemic has put all Americans under strain and demonstrated the importance of broadband. Telecommunications companies, including legacy companies serving some of the most rural areas of the country, may be subject to increased costs to provide safe working conditions, maintain existing services, and meet the demands of new customers. Granting a waiver here is also consistent with relief the Commission provided in other contexts in acknowledgment of the unprecedented challenges raised by the pandemic to carriers and consumers.

FCC Reaches Agreements With Nationwide Mobile Wireless Providers Over Delivering Vertical Location Information With 911 Calls

June 3, 2021 – The Federal Communications Commission (FCC) has entered into consent decrees with the three largest mobile wireless service providers concerning the delivery of vertical location information in connection with 911 calls. In 2015, the FCC established rules requiring nationwide mobile wireless carriers to deliver z-axis (vertical) location information for 911 wireless calls in the nation’s largest 25 markets by April 3, 2021, and certify deployment by June 2, 2021. The big three mobile wireless carriers – AT&T, T-Mobile, and Verizon – asked for an eighteen-month extension of the deadlines, citing testing challenges due to the COVID-19 pandemic. The FCC’s Enforcement Bureau then began investigating their progress on compliance, which eventually led to consent decrees. Among other things, the consent decrees (AT&T Consent Decree, T-Mobile Consent Decree, and Verizon Consent Decree) require each company to take the following actions:

• Start providing wireless 911 callers’ z-axis location information to 911 call centers within seven days;

• Implement a compliance plan that includes specific testing, reporting, and public interest conditions; and

• Pay a $100,000 settlement amount.

FCC Enters Into Memorandum Of Understanding With Australia To Fight Illegal Robocalls

June 3, 2021 – The Federal Communications Commission (FCC) has entered into a Memorandum of Understanding (MOU) with Australia’s telecom regulator, the Australian Communications and Media Authority on Mutual Assistance, to work together to fight illegal robocalls. The MOU – Mutual Assistance in the Enforcement of Laws on Certain Unlawful Communications – sets the course for the agencies to “develop and coordinate a global approach to addressing unlawful robocalls or robotexts, and the unlawful use of inaccurate caller ID information or ‘spoofing.’” Among other things, the MOU states that the two regulatory agencies understand that it is in their common public interest to:

• Cooperate with respect to the enforcement against illegal robocalls and robotexts, unlawful caller ID spoofing, and other violations of law, including sharing complaints and other relevant information and providing investigative assistance;

• Facilitate research and education related to unlawful robocalls and caller ID spoofing or overstamping;

• Facilitate mutual exchange of knowledge and expertise through training programs and staff exchanges;

• Promote a better understanding by each participant of economic and legal conditions and theories relevant to the enforcement of applicable laws; and

• Inform each other of developments in their respective countries that relate to the MOU in a timely fashion.

May 2021

FCC Submits Fiscal Year 2022 Budget Estimate to Congress

May 28, 2021 – The Federal Communications Commission has submitted its fiscal year 2022 budget request to Congress. Specifically, for FY 2022, the FCC is requesting $387,950,000 in budget authority, which represents a net increase of $13,950,000 or 3.7 percent from the FY 2021 appropriated level of $374,000,000. The FCC is requesting $128,621,000 in budget authority for the spectrum auctions program, which represents a net decrease of $5,874,000 or -4.4 percent from the FY 2021 appropriated level of $134,495,000. The FCC is requesting 1,550 Full Time Equivalents, which is an increase of 78  from the FY 2021 enacted level of 1,472. The FCC’s FY 2022 budget will be used to further the FCC’s overall mission, and support the following strategic goals:

• Strategic Goal 1: Pursue a “100 Percent” Broadband Policy

• Strategic Goal 2: Promote Diversity, Equity, Inclusion And Accessibility

• Strategic Goal 3: Empower Consumers

• Strategic Goal 4: Enhance Public Safety And National Security

• Strategic Goal 5: Advance America’s Global Competitiveness

• Strategic Goal 6: Foster Operational Excellence

FCC Releases Tentative Agenda For June 17, 2021 Open Meeting

May 27, 2021 – Federal Communications Commission Acting Chair Jessica Rosenworcel has announced the following tentative agenda for the FCC’s next open meeting set for Thursday, June 17, 2021:

Protecting Against National Security Threats to the Communications Supply Chain through the Equipment Authorization and Competitive Bidding Programs – The Commission will consider a Notice of Proposed Rulemaking and Notice of Inquiry seeking comments on steps it could take to secure the nation’s critical communications networks through its equipment authorization and competitive bidding programs. (ET Docket No. 21-232; EA Docket No. 21-233)

Allowing Earlier Equipment Marketing and Importation Opportunities – The Commission will consider a Report and Order that would adopt changes to the equipment authorization rules to allow expanded marketing and importation of radiofrequency devices prior to certification, with conditions. (ET Docket No. 20-382)

Improving the Emergency Alert System and Wireless Emergency Alerts – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to implement section 9201 of the National Defense Authorization Act for Fiscal Year 2021, which is intended to improve the way the public receives emergency alerts on their mobile phones, televisions, and radios. (PS Docket Nos. 15-94, 15-91)

Improving Robocall and Spoofing Input from Private Entities – The Commission will consider a Report and Order to implement Section 10(a) of the TRACED Act by adopting a streamlined process that will allow private entities to alert the FCC’s Enforcement Bureau about suspected unlawful robocalls and spoofed caller ID. (EB Docket No. 20-374)

Promoting Telehealth for Low-Income Consumers – The Commission will consider a Second Report and Order that would provide guidance on the administration of the Connected Care Pilot Program and further instructions to program participants. (WC Docket No. 18-213)

Exploring Spectrum Options for Devices Used to Mark Fishing Equipment – The Commission will consider a Notice of Proposed Rulemaking that would satisfy the Commission’s statutory obligation in Section 8416 of the National Defense Authorization Act for Fiscal Year 2021 to initiate a rulemaking proceeding to explore whether to authorize devices that can be used to mark fishing equipment for use on Automatic Identification System (AIS) channels consistent with the core purpose of the AIS to prevent maritime accidents. (WT Docket No. 21-230)

Improving Low Power FM Radio – The Commission will consider an Order on Reconsideration of a proceeding to modernize the LPFM technical rules. (MB Docket No. 19-193)

Enforcement Bureau Action – The Commission will consider an enforcement action.

Amazon Buying MGM Studios For $8.45 Billion

May 26, 2021 – Amazon has announced it has entered into an agreement to purchase MGM for $8.45 billion. The transaction is subject to regulatory approvals and closing conditions. MGM’s filmmaking history and vast content catalog are expected to bolster the work of Amazon Studios. Senior Vice President of Prime Video and Amazon Studios Mike Hopkins released the following statement on the deal:

“MGM has a vast catalog with more than 4,000 films—12 Angry Men, Basic Instinct, Creed, James Bond, Legally Blonde, Moonstruck, Poltergeist, Raging Bull, Robocop, Rocky, Silence of the Lambs, Stargate, Thelma & Louise, Tomb Raider, The Magnificent Seven, The Pink Panther, The Thomas Crown Affair, and many other icons—as well as 17,000 TV shows—including Fargo, The Handmaid’s Tale, and Vikings—that have collectively won more than 180 Academy Awards and 100 Emmys. The real financial value behind this deal is the treasure trove of IP in the deep catalog that we plan to reimagine and develop together with MGM’s talented team. It’s very exciting and provides so many opportunities for high-quality storytelling.”

Mergers & Acquisitions: FCC Grants Transfer Of Cincinnati Bell & Hawaiian Telcom To Red Fiber

May 26, 2021 – The FCC’s Wireline Competition Bureau, International Bureau, and Wireless Telecommunications Bureau have granted applications to transfer FCC licenses and authorizations held by Cincinnati Bell Inc., CBTS Technology Solutions LLC, Cincinnati Bell Telephone Company LLC, Cincinnati Bell Extended Territories LLC, Hawaiian Telcom, Inc., Hawaiian Telcom Services Company, Inc., and Wavecom Solutions Corporation to Red Fiber Parent LLC. The Bureaus gave Red Fiber Parent permission for a foreign investment level above the 25% benchmarks in Section 310(b)(4) of the Communications Act and Section 1.5000(a)(1) of the FCC’s rules. Cincinnati Bell was a winning bidder in the FCC’s Rural Digital Opportunity Fund Phase I Auction. The Bureaus conditionally granted Cincinnati Bell a waiver of Section 54.804(b)(6)(iv) of the FCC’s rules, which prohibits major modifications to a post-auction long-form application.

FCC Commissioner Calls For Big Tech To Contribute To Broadband Universal Service Fund

May 24, 2021 – Federal Communications Commission (FCC) Commissioner Brendan Carr has written an op-ed in Newsweek which calls for “Big Tech” to start contributing to the Universal Service Fund (USF) to help support broadband networks. Commissioner Carr explains that the USF is made up of revenue from traditional phone services, which have decreased dramatically over the last few years, even though most communications services are now delivered using the Internet. He says it’s time Big Tech pays its fair share:

Big Tech has been enjoying a free ride on our internet infrastructure while skipping out on the billions of dollars in costs needed to maintain and build that network. Indeed, one study shows that the online streaming services provided by just five companies—Netflix, YouTube, Amazon Prime, Disney+ and Microsoft—account for a whopping 75 percent of all traffic on rural broadband networks. The same study shows that 77-94 percent of total network costs are related to adding capacity or otherwise supporting the delivery of those streaming services. Ordinary Americans, not Big Tech, have been footing the bill for those costs.

Notably, Commissioner Carr says funding the USF through direct Congressional appropriations has “its downsides” because the annual budget process “is far from predictable” and there is “growing concern about adding to the national debt.” He recommends two actions: (1) Congress should enact legislation that ensures Big Tech contributes an equitable amount; and (2) the FCC should open a proceeding to look at ending the tax on consumers' monthly telephone bills and shifting a fair amount over to Big Tech.

Robocall FNPRM: FCC Considers Accelerating STIR/SHAKEN Deadline By One Year For Some Small Carriers

May 21, 2021 – The Federal Communications Commission (FCC) has issued a Third Further Notice Of Proposed Rulemaking that considers revising the STIR/SHAKEN deadline for some small providers. Specifically, in the FNPRM, the FCC proposes accelerating the date by which small voice providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework to June 30, 2022.

Voice service providers must implement STIR/SHAKEN in the Internet Protocol (IP) portions of their voice networks by June 30, 2021. But, small providers – those with less than 100,000 total subscriber lines – have until June 30, 2023 to meet the requirement. However, the FCC says there is “new evidence indicating that certain small voice service providers are originating a high and increasing share of illegal robocalls relative to their subscriber base.” Here’s a piece of evidence cited by the FCC in the FNPRM: “A March 2021 report released by Transaction Network Services, a provider of call analytics, found that the problem of robocalls originated by certain smaller voice service providers has gotten worse: by the end of 2020, almost 95% of high risk calls originate from non-Tier-1 telephone resources, up 3% from last year.” Accordingly, the FCC proposes to shorten by one year the extension for small voice service providers that originate an especially large number of calls, so that such providers must implement STIR/SHAKEN in the IP portions of their networks no later than June 30, 2022.

Comment is sought on the general proposal. Comment also is sought on how to define the subset of small voice service providers, such as by including those that:

• originate a significant number of calls per day for any single line on average,

• receive more than half their revenue from customers purchasing non-mass market services, or

• offer certain service features to customers commonly used for unlawful robocalls, such as the ability to display any number in the called party’s caller ID, or to upload and broadcast a prerecorded message.

Additionally, the FCC has asked for comment on whether the proportion of robocall traffic originated by small voice service providers has increased since the adoption of the Second Caller ID Authentication Report and Order and, if so, whether it is because larger voice service providers are implementing STIR/SHAKEN in anticipation of the June 30, 2021, deadline, leading callers originating unlawful robocalls to migrate to different networks,

NTIA Launches New $288 Million Broadband Infrastructure Program – Applications Due August 17, 2021

May 19, 2021 – The National Telecommunications and Information Administration (NTIA) has issued a Notice Of Funding Opportunity for a new Broadband Infrastructure Program (BIP). NTIA has $288 million available, and expects to award grants awards within a $5 million to $30 million funding range.

NTIA will award BIP grants to “covered partnerships” for “covered broadband projects.” Covered partnership means a partnership between: (1) a State, or one or more political subdivisions of a State; and (2) a provider of fixed broadband service. Covered broadband project means a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service (25/3 Mbps and low latency) in an eligible service area. The term eligible service area means a census block in which broadband service is not available at one or more households or businesses in the census block.

NTIA will give priority to applications in the following order: (1) broadband projects designed to provide broadband service to the greatest number of households in an eligible service area; (2) broadband projects designed to provide broadband service in an eligible service area that is wholly within any area other than: (i) a county, city, or town that has a population of more than 50,000 inhabitants; and (ii) the urbanized area contiguous and adjacent to a city or town of more than 50,000 inhabitants; (3) broadband projects that are the most cost-effective, prioritizing such projects in areas that are the most rural; and (4) broadband projects designed to provide broadband service with speeds of at least 100/20 Mbps.

Complete applications must be received by www.grants.gov no later than 11:59 p.m. Eastern Daylight Time (EDT) on August 17, 2021. NTIA expects to complete its selection of award by November 15, 2021, and begin announcing winners no earlier than November 29, 2021.

FTC & Six States Sue Frontier Communications For Misrepresenting DSL Broadband Speeds

May 19, 2021 – The Federal Trade Commission (FTC) and six states have filed a lawsuit against Frontier Communications, alleging Frontier “did not provide many consumers with Internet service at the speeds it promised them, and charged many of them for more expensive and higher-speed service than Frontier actually provided.” The lawsuit concerns Frontier’s Digital Subscriber Line (DSL) Internet service, which Frontier provides “to approximately 1.3 million consumers, many in rural areas, across 25 states.” As set out in the complaint, filed in U.S. District Court for the Central District of California, the FTC and states allege “Frontier violated the FTC Act and various state laws by misrepresenting the speeds of Internet service it would provide consumers and engaged in unfair billing practices for charging consumers for a more expensive level of Internet service than it actually provided.” The six states joining the lawsuit with the FTC are Arizona, California, Indiana, Michigan, North Carolina, and Wisconsin.

AT&T To Combine WarnerMedia With Discovery Channel

May 17, 2021 – AT&T has announced it has reach a deal with Discovery Inc. to spin off WarnerMedia and combine the assets with Discovery, creating a new media company. WarnerMedia includes HBO, Warner Bros. studios, CNN, TNT and TBS and other networks. Discovery includes Oprah Winfrey’s OWN, HGTV, The Food Network, Animal Planet, and other channels. The transaction which must be approved by Discovery shareholders and federal regulators is expected to close in 2022.

FCC Open Meeting Set For May 20th

May 13, 2021 – The Federal Communications Commission has announced the following final agenda for its open meeting set for 10:30 a.m. on Thursday, May 20, 2021:

Rates for Interstate Inmate Calling Services (WC Docket No. 12-375) – The Commission will consider a Third Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking that, among other actions, will lower interstate rates and charges for the vast majority of incarcerated people, limit international rates for the first time, and seek comment on further reforms to the Commission’s calling services rules, including for incarcerated people with disabilities.

Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities (CG Docket No. 03-123); Structure and Practices of the Video Relay Service Program (CG Docket No. 10-51) – The Commission will consider a Notice of Proposed Rulemaking and Order to set Telecommunications Relay Services (TRS) Fund compensation rates for video relay service (VRS).

Call Authentication Trust Anchor (WC Docket No. 17-97) – The Commission will consider a Further Notice of Proposed Rulemaking to fight illegal robocalls by proposing to accelerate the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework.

Domestic Section 214 Application for the Transfer of Control of Lavaca Telephone Company, Inc. to Dobson Technologies Inc. (WC Docket No. 20-389) – The Commission will consider an Order on Reconsideration to relieve certain affiliates of merging companies that receive model-based and rate-of-return universal service support from a “mixed support” merger condition cap.

Enforcement Bureau Action – The Commission will consider an enforcement action.

Enforcement Bureau Action – The Commission will consider an enforcement action.

MCC Iowa LLC Petitions FCC To Strike Down West Des Moines Grant Of Exclusive Rights-Of-Way To Google Fiber

May 12, 2021 – MCC Iowa LLC, a subsidiary of Mediacom Communications Corporation, has filed a Section 253 petition, seeking expedited Federal Communications Commission review of the City of West Des Moines’ grant of exclusive rights-of-way to a single communications provider, Google Fiber LLC. Section 253(a) of the Communications Act provides that “[n]o State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.”

In its petition, MCC Iowa, an integrated telecommunications and broadband service provider, explains that in 2020, West Des Moines announced its intention to build an underground, citywide conduit network in its rights-of-way financed with $50 million of city funds. MCC Iowa states that West Des Moines “repeatedly represented” that the city network would be open to all Internet service providers. However, MCC Iowa alleges West Des Moines entered into a contract with Google Fiber that grants the company “special rights, benefits and privileges with respect to the City’s ROW which are unprecedented and extraordinary in kind, number and scope.” MCC Iowa claims West Des Moines allowed Google Fiber to control the design of the conduit network, and alleges the city’s agreement grants Google Fiber, among other things, the exclusive right to occupy each segment of the conduit network for eighteen months after completion.

MCC Iowa claims West Des Moines’ actions violate Section 253 of the Communications Act in at least the following three ways:

First, the City gave Google Fiber a large, exclusive subsidy that distorts communications competition in the West Des Moines market. Second, the City granted Google Fiber exclusive ROW access rights that enable it to deploy its network far more cheaply and efficiently than its competitors. Third, the design of the Conduit Network forecloses its use by any providers that are not Google Fiber, and absolutely prohibits its use by competitors using alternative technologies such as Mediacom and CenturyLink.

MCC Iowa alleges West Des Moines’ agreement with Google Fiber violate Section 253(a) “and cannot be not saved by any justification available under Section 253(c).” Because of this, MCC Iowa claims, the city’s agreement “must be preempted under Section 253(d).”

TiVo Purchases MobiTV At Bankruptcy Auction For $18.5 Million

May 12, 2021 – TiVo Corporation has purchased MobiTV for $18.5 million. The deal includes MobiTV’s intellectual property and MobiTV’s going concern business. TiVo acquired the company after being deemed the winning bidder following a multi-day bankruptcy auction. MobiTV filed for voluntary Chapter 11 bankruptcy relief in the U.S. Bankruptcy Court for the District of Delaware in March 2021. MobiTV is a streaming TV platform enabling app-based pay TV services for large and small broadband and wireless providers. TiVo’s purchase must still receive final approval from the Bankruptcy Court. TiVo is a wholly-owned-subsidiary of Xperi Holding Corporation. Jon Kirchner, chief executive officer of Xperi, released the following statement on the purchase:

“The acquisition of the MobiTV assets immediately expands our capabilities and the addressable market for our IPTV solutions, helping to secure TiVo’s position as a leading provider of Pay-TV solutions. As a result, the acquisition of MobiTV’s managed service assets will help accelerate our growth in the IPTV market through an increased subscriber footprint.”

Charter Files Waiver Asking FCC To Reduce RDOF Obligations In Areas Where Broadband Is Already Available

May 11, 2021 – Charter Communications has filed a petition for waiver of its RDOF application and deployment obligations in Massachusetts, and in small areas in Kentucky, Missouri, Virginia, and Wisconsin. According to Charter, broadband is already available in these areas, or will soon be available, thanks to other state or federal broadband grant programs. Charter says these areas fell through the cracks in the RDOF challenge process:

Given the sheer size of the auction and the varying criteria used to define the scopes and geographies of various state, local, and tribal grant programs, it was inevitable that the challenge process would fail to detect some served or funded areas. As a result, some areas included in the auction in fact were served by a broadband provider, and should not have been included in the RDOF auction. Complicating the situation, many state and local governmental entities and broadband grant recipients did not participate in the challenge process, and Charter is not aware of any comprehensive database of state, local, and tribal broadband support grants that could have been consulted prior to the auction.

Charter has reviewed the census block groups where it won RDOF support, and provided the FCC with a list of areas where broadband is already available or will soon be available. Charter wants these areas removed. Specifically, Charter is asking the FCC to modify its RDOF deployment obligations “to require Charter to build only to locations that lack high-speed, wireline broadband access, and reduce Charter’s support and deployment obligations proportionately.”

FCC Establishes Emergency Connectivity Fund Program

May 11, 2021 – The Federal Communications Commission has released a Report and Order, establishing the Emergency Connectivity Fund Program. The new $7.17 billion ECF program, which is separate from E-Rate, will provide funding for schools and libraries for the purchase, during the COVID-19 pandemic, of connected devices and broadband connections for use by students, school staff, and library patrons. All schools, libraries, and consortia of schools and libraries that are eligible for support under the E-Rate program are eligible to request and receive support through the ECF program. The following types of equipment are eligible for support from the ECF: Wi-Fi hotspots, modems, routers, devices that combine a modem and router, and connected devices. In the Report and Order, the FCC establishes the rules and policies governing the program; defines eligible equipment and services, service locations, eligible uses, and reasonable support amounts for funding provided; adopts procedures to protect the limited funding from waste, fraud, and abuse; adopts invoicing and reimbursement procedures; designates the Universal Service Administrative Company (USAC) as the program administrator with FCC oversight; and leverages the processes and structures used in the E-Rate program.

Wireless Bureau Seeking Comment On Global Semiconductor Shortage

May 11, 2021 – The FCC’s Wireless Telecommunications Bureau is seeking comment on the potential impacts of a continuing global shortage of semiconductors on the U.S. communications industry and on FCC priorities and initiatives. Comments are due on or before June 10, 2021, and reply comments are due June 25, 2021. In general, comment is sought on the following topics:

Has the global semiconductor shortage spread to the communications sector?

What is the nature and extent of semiconductor shortages or shortages of other components that are critical to the communications sector?

Which semiconductor technology nodes in particular have been impacted or are expected to be impacted by the shortage?

What are the factors impacting the supply of semiconductors and other manufacturing components which are critical to the communications sector?

To what extent are supply constraints impacting different uses of semiconductors, such as systems-on-a-chip, microprocessors, memory chips, and standard chips?

What are the impacts of shortages of semiconductors or other critical components on the communications sector, including on consumers, enterprise system users, private network operators (such as critical infrastructure), and service providers?

What are the impacts of these shortages on the public interest? How do these challenges affect the security of the United States and its competitiveness in the global economy? How do these challenges impact the deployment of next-generation networks and technologies? How do these challenges affect communities of color, economically distressed areas, and small businesses?

What are the effects of semiconductor shortages on remote learning, telehealth, and other services that have moved online during the pandemic?

What are the potential impacts of the failure to sustain reliable access to semiconductors for the communications sector, including the impact on key vertical markets?

What steps can be taken by the Commission, either working on its own or in concert with Federal partners, to help address these current challenges?

What steps can be taken to prevent similar challenges in the future, particularly those challenges related to unanticipated, catastrophic, global events?

Study Area Boundary Recertification Data Due June 30, 2021

May 11, 2021 – The FCC has announced a June 30, 2021 filing deadline for the biennial recertification of study area boundary data. Pursuant to the FCC’s 2012 Study Area Boundary Order, incumbent local exchange carriers (ILECs) and state commissions that have voluntarily agreed to file study area boundary data on behalf of some or all ILECs operating within their jurisdictions must review and recertify study area boundary data every two years. ILECs and state commissions that have uploaded and certified new boundaries between December 31, 2020 and March 15, 2021 are not required to recertify their data this year, but all others must recertify their information by the June 30th deadline.

Step 1 – Confirming Study Area Boundaries – ILECs and certifying state commissions must confirm that the study area boundary data previously provided to the FCC are accurate. Current study area boundary map data are available at https://www.fcc.gov/maps/study-area-boundaries/. Revised boundaries must be filed through the FCC’s online system at https://sab.fcc.gov/ilec/login/ or https://sab.fcc.gov/state/login/, respectively. FCC staff can be informed of the change via email to StudyAreaBoundaries@fcc.gov.

Step 2 – ILEC Recertification – After an ILEC has confirmed that the FCC’s study area boundary map information is correct, the ILEC must log into https://www.fcc.gov/licensing-databases/fcc-user-login, and provide the required recertification information.

Step 2 – State Commission Recertification – After a certifying state commission has confirmed that the Commission’s study area boundary map information is correct for its state, the state commission must complete and sign the recertification notification available at https://apps.fcc.gov/edocs_public/attachmatch/DOC-345129A1.docx. The completed recertification notification must be emailed to StudyAreaBoundaries@fcc.gov.

Additional information on the study area boundary data collection is available on the FCC’s study area boundary page at http://www.fcc.gov/encyclopedia/study-area-boundary-data-collection.

FCC Releases Fact Sheet For Emergency Broadband Benefit Program

May 10, 2021 – The FCC’s Emergency Broadband Benefit Support Center has released a fact sheet with important information about the FCC’s new Emergency Broadband Benefit (EBB) Program, which will officially launch on Wednesday May 12, 2021. The EBB Program is a $3.2 billion federal initiative that will provide eligible households with monthly discounts on broadband service and a one-time discount on a computer or tablet. The fact sheet contains the following information:

EBB Discounts – eligible households can receive discounts off monthly broadband service:

Up to $50 per month for eligible households

Up to $75 per month for households on qualifying Tribal lands.

One-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price.

This will be applied directly to the consumers’ monthly bill. There is a limit of one monthly service discount and one device discount per household.

EBB Eligibility – household is eligible if one person in the household:

Demonstrates low income, at or below 135% of the Federal Poverty level;

Participates in assistance programs including SNAP, Medicaid, or Lifeline;

Relies on free and reduced-price school meals;

Received a Federal Pell Grant during the current award year;

Suffered a large loss in income during pandemic due to job loss or furlough since February 29, 2020 and the household had a total income in 2020 at or below $99,000 for single filers and $198,000 for joint filers;

Meets other eligibility criteria for a participating provider's existing low-income or COVID-19 program

EBB Providers Near You – Over 825 broadband providers are taking part in the program. The benefit is available to eligible new, prior, and existing customers of participating providers.

EBB Sign Up – There are 3 ways to sign up:

(1) contact a participating provider to sign up;

(2) enroll online at www.getemergencybroadband.org; or

(3) sign up via mail.

To learn more or get a mail-in application, call (833) 511-0311.

EBB Is Temporary – EBB is a temporary program. When it ends, participating providers must give notice to customers and inform them of the cost for their plan after the discount ends. Importantly, consumers will need to opt-in to continue with the service.

FCC Releases Report And Order & NPRM On Fiscal Year 2021 Regulatory Fees

May 4, 2021 – The Federal Communications Commission has released a Report and Order and Notice of Proposed Rulemaking concerning proposed regulatory fees for fiscal year 2021. ;The FCC proposes to collect $374,000,000 in regulatory fees for FY 2021. In the Report and Order, the FCC adopts a new distinction between non-geostationary orbit (NGSO) satellite systems by creating two new fee subcategories: one for “less complex” NGSO systems; and a second for all other NGSO systems identified as “other” NGSO systems. Both reside under the broader category of “Space Stations (Non-Geostationary Orbit).” In the NPRM, comment is sought on the following regulatory fee issues: (i) including non-geographic numbers in the calculation of the number of subscribers for each commercial mobile radio service (CMRS) provider; (ii) ending our phase in of direct broadcast satellite (DBS) regulatory fees, and instead including the Media Bureau-based DBS regulatory fee in the same fee category as cable television and Internet Protocol Television (IPTV); (iii) assessing regulatory fees for full service broadcast television using the same population-based methodology that we used for FY 2020 and continuing the changes we adopted previously for stations in Puerto Rico; (iv) adopting new regulatory fees for the new NGSO fee subcategories for “less complex” NGSO systems and “other” NGSO systems; and (v) extending our streamlined waiver provisions adopted last year for FY 2021. Comments are due on or before June 3, 2021, and reply comments are due June 18, 2021.

USAC Publishes Budget Control Mechanism Data For 2021 – 8.6% Adjustment Factor For 2021-2022

May 3, 2021 – The Universal Service Administrative Company (USAC) has published budget control mechanism data that applies to rate-of-return ILECs subject to cost-based universal service support rules. For July 1, 2021, through June 30, 2022, the budget control adjustment factor will be 8.5814 percent. For comparison, the budget control adjustment factor for last period was 3 percent. A spreadsheet showing the projected reductions for each rate-of-return carrier is available on USAC’s budget control mechanism website.

USAC Files Third Quarter 2021 USF Size Projections

May 1, 2021 – The Universal Service Administrative Company (USAC) has filed the federal universal service support mechanisms fund size and administrative cost projections for the third quarter of calendar year 2021. USAC’s filing shows the following total projected 3Q 2021 funding requirements for each federal Universal Service Fund (USF) support mechanism:

High Cost Support Mechanism – $1.289 billion (The 2Q 2021 funding requirement was $1.413 billion)

Low Income Support Mechanism – $286.26 million (The 2Q 2021 funding requirement was $254.82 million)

Rural Health Care Support Mechanism – $149.39 million (The 2Q 2021 funding requirement was $149.36 million)

Connected Care Pilot Program – $8.59 million (The 2Q 2021 funding requirement was $8.76 million)

E-Rate Schools and Libraries Support Mechanism – $579.84 million (The 2Q 2021 funding requirement was $634.61 million)

USAC projects a consolidated budget of $59.83 million for 3Q 2021. In other words, USAC projects total administrative costs of $59.83 million for 3Q 2021, which breaks out to $30.95 million in direct costs for all four support mechanisms, and $28.88 million in joint and common costs which include costs associated with billing, collection, and disbursement of universal service funds. This is a slight decrease in administrative costs from last quarter ($60.58 million in total administrative costs for 2Q 2020). The FCC will use the of the quarterly funding requirements for the four USF Support Mechanisms, the projected administrative expenses, and the USF contribution base amount, to establish a quarterly USF contribution factor.

April 2021

FCC Releases Draft Rules For Emergency Connectivity Fund Program

April 30, 2021 – Acting Federal Communications Commission Chair Jessica Rosenworcel has released a public draft Report and Order that, if adopted by a majority of FCC Commissioners, will establish the $7.17 billion Emergency Connectivity Fund Program. By releasing the draft Report and Order, as well as draft rules for the program, the FCC expects to promulgate rules by the statutory deadline of May 10, 2021. The Emergency Connectivity Fund Program is expected to help the millions of students who lack home broadband connections and access to computers – those caught in the “Homework Gap.” It “will reimburse schools and libraries for the purchase, during the COVID-19 pandemic, of laptop and tablet computers, Wi-Fi hotspots and other eligible equipment as well as broadband connections for students, school staff, and library patrons who would otherwise lack access to connected devices and broadband service.”

FCC Announces Tentative Agenda For May 20 Open Meeting

April 29, 2021 – Acting Federal Communications Commission Chair Jessica Rosenworcel has announced the following tentative agenda for the FCC’s May open meeting set for Thursday, May 20, 2021:

Reducing Interstate Rates and Charges for Incarcerated People – The Commission will consider a Third Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking that, among other actions, will lower interstate rates and charges for the vast majority of incarcerated people, limit international rates for the first time, and seek comment on further reforms to the Commission’s calling services rules, including for incarcerated people with disabilities. (WC Docket No. 12-375)

Strengthening Support for Video Relay Service – The Commission will consider a Notice of Proposed Rulemaking and Order to set Telecommunications Relay Services Fund compensation rates for video relay service. (CG Docket Nos. 03-123, 10-51)

Shortening STIR/SHAKEN Extension for Small Providers Likely to Originate Robocalls – The Commission will consider a Further Notice of Proposed Rulemaking to fight illegal robocalls by proposing to accelerate the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework. (WC Docket No. No 17-97)

Section 214 Petition for Partial Reconsideration for Mixed USF Support Companies – The Commission will consider an Order on Reconsideration to relieve certain affiliates of merging companies that receive model-based and rate-of-return universal service support from a “mixed support” merger condition cap. (WC Docket No. 20-389) 

Enforcement Bureau Action – The Commission will consider an enforcement action.

Enforcement Bureau Action – The Commission will consider an enforcement action.

FCC’s Emergency Broadband Benefit Program Will Launch May 12th

April 29, 2021 – The FCC’s Wireline Competition Bureau has announced that the Emergency Broadband Benefit (EBB) Program will officially launch on Wednesday May 12, 2021. The EBB Program is a $3.2 billion federal initiative that will provide eligible households with discounts of up to $50 a month for broadband service, discounts of up to $75 a month for broadband service on Tribal lands, and a one-time discount of up to $100 on a computer or tablet.

On May 12, 2021, broadband service providers participating in the EBB Program can begin enrolling eligible households into the program, and households can check their eligibility by using the National Lifeline Eligibility Verifier consumer portal available at www.GetEmergencyBroadband.org. A list of broadband providers participating in the EBB Program, by state, is available at https://www.fcc.gov/emergency-broadband-benefit-providers.

For participating providers’ reimbursement claims, the first snapshot date will be June 1, 2021. Participating providers must submit certified reimbursement claims by June 15, 2021 for service discounts provided in the month of May and discounted connected devices delivered on or between May 12, 2021 and May 31, 2021. The snapshot date for subsequent months will occur on the first day of the month. Additional information about the EBB Program is available from the FCC at www.fcc.gov/broadbandbenefit and from USAC at www.GetEmergencyBroadband.org.

FCC Grants SpaceX License Modification, Allows Lower Altitude, Subject To Conditions

April 27, 2021 – The Federal Communications Commission (FCC) has issued an Order and Authorization and Order on Reconsideration that grants, subject to conditions, the application of Space Exploration Holdings, LLC for modification of its license for a non-geostationary orbit (NGSO) fixed-satellite service (FSS) constellation using Ku- and Ka-band spectrum. Specifically, SpaceX’s license will be modified, subject to the following conditions:

• The number of satellites will be reduced from 4,409 to 4,408;

• The primary operational altitude specified for 2,814 satellites is modified, changing it from the 1,100-1,300 km range to the 540-570 km range; and

• The minimum earth station elevation angle for both user beams and gateway beams is revised, and modified by including in the license authority to conduct launch and early orbit phase (LEOP) operations and payload testing during orbit-raising and deorbit of its satellites, consistent with parameters described in the SpaceX application and related materials.

By adopting the order, the FCC rejects petitions to deny or defer of Viasat, Inc., SES Americom, Inc. and O3B Limited (SES/O3b), Kepler Communications, Inc., and Kuiper Systems LLC. (Amazon). Various other challenges to SpaceX’s modification request also were denied. The FCC believes the license modification “will allow SpaceX to implement safety-focused changes to the deployment of its satellite constellation to deliver broadband service throughout the United States, including to those who live in areas underserved or unserved by terrestrial systems.”

LTD Broadband Says It Can Meet Its RDOF Broadband Obligations

April 26, 2021 – LTD Broadband, LLC recently conducted an ex parte meeting with the legal advisor to Acting Federal Communications Commission Chair Jessica Rosenworcel “to discuss LTD’s ability to meet its commitment to provide Gigabit Tier fiber service in the areas where it won Rural Digital Opportunity Fund (RDOF) Phase I support.” LTD provided the following background information on its existing broadband operations:

• LTD currently has more than 150 employees and has built a reliable fixed broadband network using fixed wireless and fiber technologies.

• LTD has experienced 40 percent customer growth in each of the past seven years, with more than 500 towers activated since January 2020.

• LTD has deployed service to 70 percent of its Connect America Fund (CAF) locations and expects to complete its buildout well ahead of the required six‐year period.

• LTD assisted consumers during the covid pandemic by taking the “Keep Americans Connected” pledge and is participating in the Emergency Broadband Benefit program.

With respect to review of RDOF long-form applications, LTD said it “trust[s] that the FCC will perform its duty to fairly and thoroughly process Long Form applications,” and fired back at stakeholders’ calling for public review RDOF winners’ long-form applications, stating “[t]here is no reason to believe that upset competitors will need to “help” the FCC do their due diligence and ensure RDOF program compliance.” Finally, LTD’s CEO, Corey Hauer, provided the following perspective on LTD’s success in the RDOF auction:

Hauer explained that, for RDOF, LTD elected to bid in areas proximate to its existing CAF‐supported and non‐supported areas of its network, and other rural areas where it had local knowledge of terrain, demographic and other features. He added that rural areas do not present the same challenges of deploying fiber because of the lack of in‐ground infrastructure such as gas lines, electric lines and sewer lines that can complicate and add cost to fiber trenching. Mr. Hauer indicated that LTD would be hiring and training hundreds of construction workers to build a labor force capable of meeting LTD’s RDOF buildout commitments, and would be supplementing RDOF support with significant capital investment.

Point Broadband Authorized To Receive Casair’s CAF II Funding In Michigan

April 23, 2021 – The FCC’s Wireline Competition Bureau has issued a Public Notice which recognizes Point Broadband Fiber Holdings, LLC’s authority to receive all Connect America Fund Phase II support awarded to Crystal Automation Systems, Inc d/b/a Casair not already disbursed as of September 2020. The voice and broadband service obligations are also subsumed by Point Broadband.

Casair was authorized to receive a total $27.2 million in CAF II support over ten years to provide broadband service in Michigan. Pursuant to an Asset Purchase Agreement, Point Broadband purchased Casair’s broadband network assets in West Central Michigan. including fiber infrastructure, microwave facilities and existing customer service agreements. Notably, this deal also included Casair’s CAF II benefits and obligations. Point Broadband and Casair filed a Section 214 application even though neither carrier is a telecommunications carrier – both are broadband and VoIP providers and the deal involved only those assets. The Bureau approved the transaction in September 2020.

Thereafter, the Bureau and the Universal Service Administrative Company reviewed Point Broadband’s letter of credit, Bankruptcy Code opinion letter, and financial and technical qualifications. The Bureau ultimately determined Point Broadband satisfies the criteria to be authorized to receive CAF II auction support. Of course, in exchange for funding, Point Broadband assumes Casair’s defined broadband deployment obligations and voice and broadband service obligations for the State of Michigan. Point Broadband must offer qualifying voice and broadband service to 17,610 qualifying locations as of December 31, 2025, and must comply with all other CAF II auction obligations and requirements.

FCC Fines Tele Circuit Network $4.1 Million For Cramming And Slamming

April 23, 2021 – The Federal Communications Commission (FCC) has issued a Forfeiture Order against Tele Circuit Network Corporation for cramming and slamming. For willfully and repeatedly violating Sections 201(b) and 258 of the Communications Act, and Section 64.1120 of the FCC’s rules, Tele Circuit must pay a forfeiture of $4,145,000. The FCC’s order adopts the findings in a Notice of Apparent Liability issued in 2018, which includes the following:

Tele Circuit engaged in deceptive marketing

Tele Circuit switched consumers’ phone service without proper authorization

Tele Circuit placed unauthorized charges on consumers’ telephone bills

Tele Circuit violated a Commission order by failing to respond fully to an Enforcement Bureau LOI

WTA Has Serious Concerns About The FCC’s RDOF Auction Results

April 20, 2021 – WTA – Advocates has filed a written ex parte with the FCC to express its concerns regarding the Rural Digital Opportunity Fund (RDOF) auction (Auction 904). WTA describes itself as a national trade association representing more than 350 rural telecommunications providers that offer voice, broadband, and video-related services in rural America. In the ex parte, WTA identified two main areas of concern: review of long-form applications; and long-term enforcement of RDOF rules.

First, WTA pressed the FCC to seek input from industry stakeholders, such as WTA members because they “possess a trove of relevant and useful information, including participation in the RDOF auction (both as winners and non-winners) as well as substantial experience in the construction and operation of high-speed rural broadband networks in areas similar to (and in some cases adjacent to) the RDOF areas.”

Second, WTA highlighted the fact that several RDOF auction winners must “construct and operate new stand-alone Gigabit-speed fiber optic broadband networks with RDOF support that is only 20-to-30 percent of the reserve prices for their areas.” In these instances, RDOF long-form applicants “should be required to meet a very detailed and stringent burden of proof regarding their concrete and verifiable technical, financial, staffing and operational resources.”

Third, WTA reiterated concerns regarding the capability of RDOF winners to provide Gigabit services over fixed wireless or satellite networks, noting these networks suffer from capacity and congestion issues. Finally, WTA warned the FCC that some RDOF winners may attempt to seek waivers of their service obligations and support amounts in a few years’ time. This strategy, WTA stressed, has the potential to “destroy the integrity and legitimacy” of the RDOF Phase I auction and future universal service auctions. To guard against this, WTA urged the FCC “to declare unequivocally that its existing RDOF I auction rules will be strictly enforced and that RDOF I auction winners will not be granted waivers or other retroactive changes from the build-out requirements, service obligations and/or support amounts that they agreed to accept as a condition of their ‘winning’ bids.”

FCC’s Robocall Mitigation Database Opens; Deadline To Provide Certification Is June 30, 2021

April 20, 2021 – The FCC’s Wireline Competition Bureau has announced the opening of the Robocall Mitigation Database, and has announced the following deadlines:

Voice service providers must submit required certification information to the Robocall Mitigation Database no later than June 30, 2021.

Intermediate providers and terminating voice service providers will be prohibited from accepting traffic from voice service providers not listed in the Robocall Mitigation Database beginning September 28, 2021.

The Bureau’s Public Notice also provides instructions for voice service providers to file certifications regarding their efforts to stem the origination of illegal robocalls on their networks. Voice service providers’ certifications, identification information, and contact information must be submitted via a portal on the FCC’s website on or before June 30, 2021. Changes to a certification, identification information, or contact information must be updated within 10 business days of the change. Additional instructions for submitting a certification is available online. The new Robocall Mitigation Database will be publicly available online.

Are You Tired Of Hearing Loud Commercials? FCC Considering Updates To CALM Act Rules

April 19, 2021 – The FCC’s Media Bureau is seeking comment from consumers and industry stakeholders on whether any updates are needed to the FCC’s rules implementing the Commercial Advertisement Loudness Mitigation (CALM) Act. Comments are due on or before June 3, 2021, and reply comments are due July 9, 2021. All comments must reference MB Docket No. 11-93. The CALM Act was enacted to protect viewers from excessively loud commercials. The FCC’s CALM Act rules require TV stations and multichannel video programming providers to ensure that all commercials are transmitted to consumers at the appropriate loudness level in accordance with the industry standard mandated by statute. In general, the Media Bureau is seeking comment on the following topics:

• To what extent have the FCC’s rules been effective in preventing loud commercials?

• What do consumers experience as they watch programming provided by television broadcasters and MVPDs?

• Are the FCC’s CALM Act rules effectively serving their intended purpose?

• Are there specific areas in which updates to rules are needed given improvements in technology or new industry practices?

• Should the FCC take additional actions – and if so, what measures should be proposed or taken – in furtherance of the purpose of the CALM Act to prevent television stations and MVPDs from transmitting commercial advertisements at louder volumes than the program material they accompany?

FCC Schedules Consumer Webinar On Emergency Broadband Benefit Program

April 16, 2021 – The Federal Communications Commission has announced it will hold a public webinar on Tuesday, April 27 at 3:00 p.m. EDT to provide information on the new Emergency Broadband Benefit (EBB) Program. The temporary $3.2 billion EBB Program will help lower the cost of high-speed broadband Internet access services for eligible households during the on-going COVID-19 pandemic by providing the following benefits: up to $50 per month discount on broadband services; up to $75 per month discount on broadband services for households on Tribal lands; and a one-time discount of up to $100 for a laptop, desktop computer, or tablet purchased through a participating provider. The benefit is limited to one monthly service discount and one device discount per eligible household. The April 27th webinar will provide consumers and outreach partners with an overview of the EBB program, eligibility information, and enrollment procedures, and an explanation of outreach materials for partners and the public to use to create awareness about the program. Webinar registration is not required. It can be viewed live online at www.fcc.gov/live.

FCC Sets Procedures For 2021 Filing Of Annual Access Charge Tariffs And Tariff Review Plans

April 16, 2021 – The FCC’s Wireline Competition Bureau has released an Order which sets the procedures for the 2021 filing of annual access charge tariffs and Tariff Review Plans (TRPs). The Order applies to incumbent local exchange carriers (LECs) subject to price cap regulation, as well as rate-of-return LECs subject to Sections 61.38, 61.39, and 61.50 of the FCC’s rules. It sets an effective date of July 1, 2021 for annual access charge tariff filings made on both 15 and 7 days’ notice; establishes the dates for filing petitions to suspend or reject an incumbent LEC’s tariff filing and replies to such petitions; grants a limited waiver of Section 51.909(a)(4) of the FCC’s rules to the National Exchange Carrier Association for purposes of the 2021-22 annual access tariff filing period; and addresses service of the petitions and replies, as follows:

15-Day Tariff Filings

• Filing Deadline: June 16, 2021

• Effective Date: July 1, 2021

• Petitions To Suspend Or Reject: June 23, 2021

• Replies To Petitions: June 28, 2021 (noon Eastern Time)

7-Day Tariff Filings:

• Filing Deadline: June 24, 2021

• Effective Date: July 1, 2021

• Petitions To Suspend Or Reject: June 28, 2021

• Replies To Petitions: June 30, 2021 (noon Eastern Time)

Final Agenda: FCC April 22nd Open Meeting

April 15, 2021 – The Federal Communications Commission has released the final agenda for the FCC’s April 22, 2021, open meeting:

National Suicide Hotline Improvement Act of 2018: Text-to-988 – The Commission will consider a Further Notice of Proposed Rulemaking to increase the effectiveness of the National Suicide Prevention Lifeline by proposing to require covered text providers to support text messaging to 988. (WC Docket No. 18-336)

Commercial Space Launch Operations – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would adopt a new spectrum allocation for commercial space launch operations and seek comment on additional allocations and service rules.  (ET Docket No. 13-115)

Wireless Microphones – The Commission will consider a Notice of Proposed Rulemaking that proposes to revise the technical rules for Part 74 low-power auxiliary station (LPAS) devices to permit a recently developed, and more efficient, type of wireless microphone system. (RM-11821; ET Docket No. 21-115)

Improving 911 Reliability – The Commission will consider a Third Notice of Proposed Rulemaking to promote public safety by ensuring that 911 call centers and consumers receive timely and useful notifications of disruptions to 911 service. (PS Docket Nos. 13-75, 15-80; ET Docket No. 04-35)

Improving Public Safety Communications in the 800 MHz Band – The Commission will consider an Order to conclude its 800 MHz re-banding program due to the successful fulfillment of this public safety mandate. (WT Docket No. 02-55)

Sponsorship Identification Requirements for Foreign Government-Provided Programming – The Commission will consider a Report and Order to require clear disclosures for broadcast programming that is sponsored, paid for, or furnished by a foreign government or its representative. (MB Docket No. 20-299)

Imposing Application Cap in Upcoming NCE FM Filing Window – The Commission will consider a Public Notice to impose a limit of ten applications filed by any party in the upcoming 2021 filing window for new noncommercial educational FM stations. (MB Docket No. 20-343)

Enforcement Bureau Action – The Commission will consider an enforcement action.

FCC Releases Report On Transmitting 988 Calls With Dispatchable Location Information

April 15, 2021 – The FCC’s Wireline Competition Bureau has publicly released a report, which was previously submitted to Congress, on using 988 as the nationwide, 3-digit phone number for the National Suicide Prevention Lifeline. The report, “988 Geolocation Report —National Suicide Hotline Designation Act of 2020,” examines the benefits, technical feasibility, and potential costs of transmitting 988 calls with dispatchable location information. Ultimately, the Bureau concludes that transmitting geolocation information, including dispatchable location information, with 988 calls would have significant benefits. The Bureau recommends the establishment of a multi-stakeholder advisory committee tasked with developing recommendations on how to address challenges to transmitting dispatchable location with 988 calls, including: (1) legal and policy considerations regarding consumer privacy and legal authority with respect to mandating transmission of location information, including dispatchable location information, with 988 calls; (2) technical implementation standards for providers, including fixed, mobile, and over-the-top providers; and (3) cost recovery and funding requirements for providers, the Lifeline, the Veterans Crisis Line, and individual local crisis centers.

FCC To Restore Security, Reliability, and Interoperability Council – CSRIC VIII Will Focus On 5G Network Security

April 15, 2021 – Acting Federal Communications Commission Chair Jessica Rosenworcel has announced that the FCC will re-establish the Communications Security, Reliability, and Interoperability Council (CSRIC) on or before June 30, 2021 for a period of two years. This will be the FCC’s eighth charter of CSRIC, which is expected to have its first meeting in September of 2021. In general, CSRIC VIII will provide advice and recommendations to the FCC to improve the security, reliability, and interoperability of the nation’s communications systems, but identifying 5G security issues will be a primary focus. Additionally, in light of the numerous security breaches that have impacted the communications sector, CSRIC VIII will review risks to service provider operations from attacks in software and cloud services stacks, and develop mitigation strategies. Nominations for CSRIC membership must be submitted to the FCC no later than Tuesday, June 1, 2021. Detailed information on the procedures for submitting nominations are set forth in the FCC’s Public Notice.

RDOF Winners File ETC Petitions With FCC

April 13, 2021 – The FCC’s Wireline Competition Bureau is seeking comment on several petitions for designation as an Eligible Telecommunications Carrier (ETC) filed by winning bidders, or those assigned winning bids, in the FCC’s Rural Digital Opportunity Fund (RDOF) auction. Comments are due on or before May 13, 2021, and reply comments are due May 28, 2021. The petitioners are seeking ETC designation in areas where they won RDOF support, as well as areas outside of RDOF-eligible census blocks where a petitioner may receive Lifeline-only designation. All comments must reference WC Docket No. 09-197, and may be filed using the FCC’s Electronic Comment Filing System (ECFS). All FCC ETC designations of RDOF support recipients will be conditioned upon successful completion of the RDOF long-form application process.

RDOF Winner GeoLinks Offers Input On RDOF Long-Form Review

April 12, 2021 – California Internet, L.P. dba GeoLinks recently met with the wireline legal advisor for Acting Federal Communications Commission Chair Jessica Rosenworcel, regarding the FCC’s Rural Digital Opportunity Fund (RDOF) Phase I auction. During the meeting, GeoLinks discussed its hybrid broadband service offerings; its Connect America Fund (CAF) Phase II Auction and RDOF award areas; and the Commission’s review of RDOF long form applications. GeoLinks was awarded the fifth largest amount of CAF II funding, a total of nearly $87.8 million, with $83 million being awarded in California. GeoLinks was awarded approximately $235 million in RDOF funding to provide broadband service to 128,297 total locations in California, Nevada, and Arizona. GeoLinks also covered the following key RDOF issues during its ex parte:

• GeoLinks is concerned about inexperienced providers seeking to provide Gigabit Tier services

• The results of the Phase I auction suggest that many RDOF bidders lacked this experience with wireless broadband and submitted bids that are not realistically feasible.

• GeoLinks supports rigorous review of RDOF Long-Form Applications.

• Review must be for both technical and financial adequacy.

• The Commission should require strict compliance with the Letter of Credit requirements, with limited exceptions.

• The Commission should schedule a re-auction for all census blocks that were awarded in the Phase I auction to an applicant that subsequently defaulted as quickly as possible.

• Re-Auction bidders should be required to provide additional financial assurances to the Commission.

FCC Promotes Its Broadband Speed Test App

April 12, 2021 – The Federal Communications Commission (FCC) is encouraging fixed and mobile broadband users to download and use the FCC’s Speed Test app. It is available for download on Apple iOS devices and Android. In addition to measuring a broadband connection’s speed, the app will collect speed test data as part of the FCC’s Measuring Broadband America program and Broadband Data Collection effort. Data collected through the app by the FCC and consumers are expected to be used to challenge broadband availability maps submitted by service providers when the FCC’s Broadband Data Collection systems become available.

Mergers & Acquisitions: Zayo Holdings Purchasing Indiana Fiber Network

April 9, 2021 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by Indiana Fiber Network, LLC d/b/a Intelligent Fiber Network and Zayo Group Holdings, Inc. requesting consent to transfer direct control of Indiana Fiber Network to Zayo. Comments are due on or before April 23, 2021, and reply comments are due April 30, 2021. Indiana Fiber Network is an Indiana LLC that provides competitive fiber-based services in Indiana and between Indiana and points in Illinois, Michigan, and Ohio. Zayo Holdings is a Delaware privately-held corporation that wholly owns U.S.-based operating subsidiaries that are authorized to provide competitive local exchange carrier and other services in the District of Columbia and every state except Alaska.

FTC Examining Dark Patterns

April 9, 2021 – The Federal Trade Commission is seeking comment on topics related to the use of digital “dark patterns,” which the FTC describes as a range of potentially deceptive or unfair user interface designs used on websites and mobile apps. Comment is being sought ahead of an April 29, 2021 workshop titled Bringing Dark Patterns to Light, which “will explore the ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting, or impairing consumer autonomy, decision-making, or choice.” The FTC is asking for input on the following topics that will be discussed at the workshop:

• The definition of dark patterns;

• The prevalence of dark patterns in the marketplace;

• The use of artificial intelligence and machine learning to design and deliver dark patterns;

• The effectiveness of dark patterns at influencing consumer choice, decision-making, or behavior;

• The harms dark patterns pose to consumers or competition; and

• Ways to prevent, mitigate, and remediate the harmful effects of dark patterns.

FCC Releases Updated Form 477 Broadband Deployment Data

April 9, 2021 – The FCC’s Office of Economics and Analytics, Wireline Competition Bureau, and Wireless Telecommunications Bureau have released updated FCC Form 477 data on fixed broadband deployment, and mobile voice and broadband deployment as of June 30, 2020. The fixed broadband data include revisions made by filers through March 26, 2021, while the mobile deployment data include revisions made by filers through December 29, 2020. Fixed broadband data is available for download online, and will be made available on the National Broadband Map. Mobile broadband data also is available online.

FCC Asks About Updating The Twenty-First Century Communications And Video Accessibility Act

April 7, 2021 – The FCC’s Consumer And Governmental Affairs, Media, And Wireless Telecommunications Bureaus has requested input from stakeholders on updating the Twenty-First Century Communications And Video Accessibility Act of 2010 (CVAA). For video programming, the FCC adopted CVAA “rules supporting access to audio description, closed captioning of Internet-protocol (IP) delivered video programming, accessible emergency information, and accessible user interfaces (making functions such as captioning and audio description settings accessible and usable to individuals with disabilities), and video programming guides and menus.” The FCC also adopted CVAA rules regarding access to advanced communications services, the National Deaf-Blind Equipment Distribution Program, and accessible internet browsers on mobile phones. In the Public Notice, the Bureaus are seeking comment on whether there is a need to update the CVAA rules, and responses to the following:

All stakeholders, including operators and consumer groups, are invited to provide input on aspects of the FCC’s CVAA implementation that are working well, on specific areas in which commenters believe improvements are needed, and on requirements that may not be serving their intended purpose or have been overtaken by new technologies.

Should the FCC take additional actions – and if so, what measures should be proposed or taken – in furtherance of the stated purpose and spirit of the CVAA to make communications services more accessible for persons with disabilities.

Parties are invited to suggest other initiatives the FCC could undertake to improve access to video programming and communications services through other existing sources of statutory authority under the Communications Act of 1934, such as the Television Decoder Circuitry Act of 1990.

Supreme Court Justice Clarence Thomas Considers Twitter’s Impact On “Free Speech,” Foreshadows Crack Down On Dominant Tech Platforms

April 5, 2021 – Conservative Supreme Court Justice Clarence Thomas has issued a statement “on the threat to free speech by dominant tech platforms” that was attached to a recent grant of a petition for cert in Biden v. Knight First Amendment Institute. The issue in the case was whether the First Amendment of the U.S. Constitution deprives a government official of his right to control his personal Twitter account by blocking third-party accounts if he uses that personal account in part to announce official actions and policies. The petition for a writ of certiorari was granted; the judgment was vacated, and the case was remanded to the U.S. Court of Appeals for the 2nd Circuit with instructions to dismiss the case as moot. Justice Thomas, however, issued a concurring statement “to note that this petition highlights the principal legal difficulty that surrounds digital platforms–namely, that applying old doctrines to new digital platforms is rarely straightforward.” Justice Thomas’s statement acknowledges the growing power of social media platforms like Twitter and Facebook; questions where dominant tech platforms land in the definition of public forum; and perhaps foreshadows future action from SCOTUS:

Today’s digital platforms provide avenues for historically unprecedented amounts of speech, including speech by government actors. Also unprecedented, however, is the concentrated control of so much speech in the hands of a few private parties. We will soon have no choice but to address how our legal doctrines apply to highly concentrated, privately owned information infrastructure such as digital platforms.

Vermont PUC – Classifying VoIP Services As Telecommunications Services Under Federal Law Would Conflict With FCC Policy Of Targeted VoIP Regulation

April 5, 2021 – The Vermont Public Utility Commission has issued an Order which grants a request by Comcast to modify a 2018 PUC order that found that VoIP service was a telecommunications service under both state and federal law. In 2007, the Vermont PUC initiated a proceeding to examine the regulation of VoIP services, including jurisdictional issues, and concluded in 2010 that fixed VoIP service is a telecommunications service under Vermont law. That order was upheld by the Vermont Supreme Court, but it was also remanded back to the PUC “to decide whether VoIP service was also a telecommunications service under federal law.” The PUC then concluded that under federal law, fixed VoIP service is a telecommunications service, but did not determine how VoIP services should be regulated. Comcast requested the PUC alter or amend its conclusions. Upon review of the record and after considering two decisions that occurred after the PUC’s order – the FCC’s Restoring Internet Freedom decision, and Charter Advanced Services (MN), LLC v. Lange – the Vermont PUC was persuaded to reconsider. While the PUC noted it did not find any error in its analysis of Comcast’s VoIP service under existing FCC precedent, it nevertheless concluded “that a determination that VoIP services are telecommunications services under federal law would conflict with the FCC policy of targeted VoIP regulation.” Finally, the PUC noted, however, it “is not precluded from investigating the extent of Vermont’s authority to regulate VoIP services that are permitted by the FCC’s existing regulations.”

FCC Investigating Mobile Wireless Providers’ Compliance With Vertical Location Information Requirements

April 2, 2021 – Federal Communications Commission acting chair Jessica Rosenworcel has announced that the FCC’s Enforcement Bureau is conducting an inquiry into several mobile wireless providers’ compliance with FCC rules that require them to start delivering 911 callers’ vertical location information by April 3, 2021. The FCC’s rules require nationwide mobile wireless providers to deploy dispatchable location or meet certain vertical location, or z-axis, accuracy requirements by April 3, 2021, and to certify to such deployment by June 2, 2021. According to the FCC News Release, the FCC’s Enforcement Bureau will review carriers’ past efforts to come into compliance with the FCC’s deadlines as well as the current capabilities of z-axis solutions.

SCOTUS Clarifies TCPA’s Definition Of Automatic Telephone Dialing System

April 1, 2021 – The Supreme Court of the United States has issued an opinion in Facebook v. Duguid which narrows the Telephone Consumer Protection Act’s definition of automatic telephone dialing system. The decision is expected to have an immediate impact on the amount of viable TCPA lawsuits. Over five years ago, Mr. Duguid claimed Facebook violated the TCPA by maintaining a database of phone numbers and programming equipment to send automated login-notification text messages. Facebook argued it did not send text messages to numbers that were randomly or sequentially generated, and thus the TCPA did not apply. The Ninth Circuit held that the TCPA’s autodialer definition applies to Facebook’s notification system because it “has the capacity to dial automatically stored numbers.” SCOTUS disagreed and reversed the Ninth Circuit decision. Relying heavily on statutory construction, SCOTUS concluded:

To qualify as an “automatic telephone dialing system” under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.

Emergency Broadband Benefit Program: 319 Broadband Providers Have Enrolled So Far

April 1, 2021 – The Federal Communications Commission (FCC) has announced that it has accepted 319 broadband providers into the Emergency Broadband Benefit Program. These 319 providers offer broadband service in all 50 states, the District of Columbia, and half of U.S. territories. A full list of the broadband providers is available online at https://www.fcc.gov/ebb-providers-state. The FCC’s Emergency Broadband Benefit Program will provide eligible households with discounts of up to $50 a month for broadband service, as well as a one-time discount of up to $100 on a computer or tablet.

FCC Tentative Agenda For April 22nd Open Meeting

April 1, 2021 – Acting Federal Communications Commission Chair Jessica Rosenworcel has announced the following tentative agenda for the FCC’s April 22, 2021, open meeting:

Text-to-988 – The Commission will consider a Further Notice of Proposed Rulemaking to increase the effectiveness of the National Suicide Prevention Lifeline by proposing to require covered text providers to support text messaging to 988. (WC Docket No. 18-336)

Commercial Space Launch Operations – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would adopt a new spectrum allocation for commercial space launch operations and seek comment on additional allocations and service rules.  (ET Docket No. 13-115)

Wireless Microphones – The Commission will consider a Notice of Proposed Rulemaking that proposes to revise the technical rules for Part 74 low-power auxiliary station (LPAS) devices to permit a recently developed, and more efficient, type of wireless microphone system. (RM-11821; ET Docket No. 21-115)

Improving 911 Reliability – The Commission will consider a Third Notice of Proposed Rulemaking to promote public safety by ensuring that 911 call centers and consumers receive timely and useful notifications of disruptions to 911 service. (PS Docket Nos. 13-75, 15-80; ET Docket No. 04-35)

Concluding the 800 MHz Band Reconfiguration – The Commission will consider an Order to conclude its 800 MHz re-banding program due to the successful fulfillment of this public safety mandate. (WT Docket No. 02-55)

Enhancing Transparency of Foreign Government-Sponsored Programming – The Commission will consider a Report and Order to require clear disclosures for broadcast programming that is sponsored, paid for, or furnished by a foreign government or its representative. (MB Docket No. 20-299)

Imposing Application Cap in Upcoming NCE FM Filing Window – The Commission will consider a Public Notice to impose a limit of ten applications filed by any party in the upcoming 2021 filing window for new noncommercial educational FM stations. (MB Docket No. 20-343)

Enforcement Bureau Action – The Commission will consider an enforcement action.

FCC To Co-Lead Workshop On Securing U.S. Communications Supply Chain

April 1, 2021 – Acting Federal Communications Commission Chair Jessica Rosenworcel has announced that the FCC will co-lead an April 26, 2021, workshop on securing the nation’s communications supply chain. The National Counterintelligence and Security Center (NCSC) in the Office of the Director of National Intelligence will co-lead with the FCC. During the workshop, expert panels will “explore initiatives to promote the supply chain integrity of small and medium-sized businesses and efforts to protect the software supply chain.” Additional information is available from the DNI’s website.

March 2021

President Biden’s Infrastructure Plan Includes Broadband Funding

March 31, 2021 – President Biden has released details on his $2 trillion infrastructure plan, which includes $100 billion for high-speed broadband networks. According to the Biden administration’s Fact Sheet: The American Jobs Plan, the infrastructure plan “will bring affordable, reliable, high-speed broadband to every American, including the more than 35 percent of rural Americans who lack access to broadband at minimally acceptable speeds.” The $100 billion for broadband is intended to do the following:

Build high-speed broadband infrastructure to reach 100 percent coverage - The President’s plan prioritizes building “future proof” broadband infrastructure in unserved and underserved areas so that we finally reach 100 percent high-speed broadband coverage.

Promote transparency and competition - President Biden’s plan will promote price transparency and competition among internet providers, including by lifting barriers that prevent municipally-owned or affiliated providers and rural electric co-ops from competing on an even playing field with private providers, and requiring internet providers to clearly disclose the prices they charge.

Reduce the cost of broadband internet service and promote more widespread adoption.

T-Mobile Partnering With YouTube TV And Philo For Video Services

March 29, 2021 – T-Mobile has announced it is shuttering its live video service TVision, and has entered into an agreement with Google to make YouTube TV T-Mobile’s new premium live TV service. T-Mobile also announced Philo will now be T-Mobile’s new base live TV service. T-Mobile provided the following details on pricing and promotional discounts for its revamped video services:

• Existing T-Mobile TVision LIVE and VIBE customers can get $10 off YouTube TV and/or Philo every month.

• Existing TVision LIVE customers can get a free month of YouTube TV to start (regularly $64.99 per month) and can get three free months of YouTube Premium free (regularly $11.99 per month).

• Existing T-Mobile TVision VIBE customers can get a FREE month of Philo (regularly $20 per month).

• All T-Mobile postpaid wireless and Sprint consumer customers are eligible for $10 per month off YouTube TV and $10 per month off Philo.

T-Mobile To Make Messages By Google The Default Messaging Solution On Android Smartphones

March 29, 2021 – T-Mobile has announced it has entered into an agreement with Google to make Messages by Google the default messaging solution for T-Mobile customers that use Android smartphones. T-Mobile will also promote Google Pixel and Android devices and their functionality on T-Mobile’s 5G network, as well as the Google One phone backup and cloud storage solution.

Rural Broadband Providers Challenge Resound Networks’ RDOF Awards

March 26, 2021 – Five rural broadband providers have filed a Petition To Deny And Request For Informal Action, which seeks to deny Resound Networks, LLC’s Rural Digital Opportunity Fund long-form applications. Resound was awarded $310,681,608.90 in RDOF support to offer broadband service to 219,239 locations in seven states. In their petition, Big Bend Telecom LTD, NTS Communications, LLC, Poka Lambro Telecommunications Ltd., PVT Networks, Inc., and Valley Telephone Cooperative, Inc. argue that “it is extremely unlikely that Resound will be able to deliver the broadband services it promises.” Generally, they argue: Resound lacks experience in gigabit fixed wireless technology; Resound’s plan is not financially feasible; and the Commission should make the information in Resound’s long-form application available via a protective order process. The five rural broadband providers want the FCC to deny Resound’s long-form applications and its RDOF funding.

Auction 105 Long-Form Applications Accepted For Filing

March 26, 2021 – The FCC’s Wireless Telecommunications Bureau has announced that three long-form applications for Auction 105 Priority Access Licenses in the 3.5 GHz band have been accepted for filing. After initial review, the three long-form applications have been found to be acceptable for filing. Petitions to deny the applications must be filed no later than April 5, 2021, and oppositions to a petition to deny must be filed no later than April 12, 2021. Replies to oppositions must be filed no later than April 19, 2021.

Space Force Requests Information On Low Earth Orbit Satellite Communications Services

March 24, 2021 – The U.S. Space Force Commercial Satellite Communications Office (CSCO) has issued a request for information about the capabilities of existing and planned Proliferated-Low Earth Orbit (P-LEO) Commercial Satellite Communications Services. Responses are requested no later than April 13, 2021. Pursuant to a March 2020 RFI, the Space Forces’ CSCO plans to acquire P-LEO services on behalf of the U.S. Department of Defense, Federal, State and Local government partners, allied nations and other entities. For the current RFI, Space Force is seeking information on satellite-based communications services capable of the following:

• Services providing terminal to gateway latencies not greater than 50 milliseconds between the satellite system user terminal (including any required router and modem) to/from the data egress/ingress interface of the corresponding terrestrial interconnect service (Gateway); or

• Services providing propagation delays between a user terminal and a satellite that are not greater than 15 milliseconds.

Minnesota Telecom Alliance & Iowa Communications Alliance Petition FCC To Deny LTD Broadband RDOF Applications

March 23, 2021 – The Minnesota Telecom Alliance (MTA) and the Iowa Communications Alliance (ICA) have filed a petition with the FCC seeking to deny LTD Broadband, LLC’s Rural Digital Opportunity Fund (RDOF) Phase I Auction long-form applications for support in Iowa and Minnesota. LTD Broadband won RDOF support to serve 102,005 locations in Minnesota ($311,877,936.40) and 12,916 locations in Iowa ($23,184,786.30). LTD was awarded a total of $1.3 billion in RDOF support to serve 528,088 locations in 15 states. In their Petition To Deny, MTA and ICA argue that LTD Broadband simply does not have the experience, resources, and general wherewithal to meet its RDOF broadband network deployment obligations.

Kansas Corporation Commission Issues Order On VoIP Interconnection & Number Porting Issues

March 23, 2021 – The Kansas Corporation Commission has issued an order clarifying certain VoIP interconnection and number porting issues in Kansas. In March 2019, IdeaTek, LLC, a Kansas broadband and VoIP provider, requested the KCC issue an order requiring Wamego Telecommunications Company, Inc. to port IdeaTek customers’ phone numbers and ensure calls are completed between IdeaTek and Wamego’s customers. ldeaTek claimed the Communications Act, Kansas statutes, and the FCC “obligate Wamego to interconnect, provide local number portability, and complete calls to providers, including [VoIP] providers.” The KCC disagreed. In its order, the KCC concluded “VoIP providers are not telecommunications carriers under Kansas law and are therefore not entitled to the interconnection provisions applicable to such entities.” However, the KCC noted, VoIP providers and telecommunications carriers are free to negotiate and enter into agreements for interconnection or to ensure numbers are ported and calls completed.

FCC Begins Crowdsourcing Broadband Availability Data

March 22, 2021 – The FCC has announced a new website where it will collect “first-hand accounts on broadband availability and service quality directly from consumers.” The new site, available at www.fcc.gov/BroadbandData, provides information about the FCC’s Broadband Data Collection program and contains a “share your broadband experience” portal where consumers can provide input on whether they have access to broadband services. The crowdsourced data is expected to help verify and supplement information submitted by broadband providers, as well help the FCC develop detailed, up-to-date broadband coverage maps.

Pursuant to the Broadband DATA Act, the FCC is required to develop a crowdsourcing process through which third parties may submit information about the deployment and availability of broadband Internet access service for inclusion in FCC broadband coverage maps. Eventually, crowdsourced data may be used in the following ways:

• To help the FCC identify broadband trends and service areas that require investigation.

• The portal may be used to notify a broadband service provider of a crowdsourced data filing.

• The FCC may evaluate a crowdsourced data submission, and if necessary, contact the relevant broadband provider to request an explanation of any differences between its data and the crowdsourced data.

• Crowdsourced information, except for any personally identifiable information, will be made public.

Comment Deadlines Announced For FCC Revisions To Secure And Trusted Communications Networks Reimbursement Program

March 22, 2021 – In February 2021, the FCC proposed several revisions to its Secure and Trusted Communications Networks Reimbursement Program rules when it issued a Third Notice of Proposed Rulemaking. That item has been published in the Federal Register, setting the comment cycle. Comments are due on or before April 12, 2021, and reply comments are due on or before April 26, 2021. The FCC’s proposals are intended to better align the Reimbursement Program rules with the Consolidated Appropriations Act (CAA) of 2021, in which Congress appropriated $1.895 billion to remove, replace, and dispose of communications equipment and services that pose a threat to U.S. national security. Comment is sought on the following:

The FCC proposes to raise the cap on eligibility for participation in the Reimbursement Program to providers of advanced communications service with 10 million or fewer customers;

The FCC proposes to modify the scope of the equipment and services eligible under the Reimbursement Program to align with the July 30, 2020 orders designating Huawei Technologies Company and ZTE Corporation as national security threats (to allow recipients to use reimbursement funds to remove, replace, or dispose of equipment or services obtained on or before June 30, 2020);

The FC proposes to replace the prioritization scheme adopted in the January 2021 Supply Chain Second Report and Order with the prioritization categories set forth in the CAA, along with modifications in the event that requests for reimbursement exceed the $1.895 billion appropriation; and

The FCC proposes to align the definition of “provider of advanced communications service” in its rules with the broader definition set forth in the CAA.

President Biden Announces Intent To Nominate Antitrust Expert Lina M. Khan For Commissioner Of The Federal Trade Commission

March 22, 2021 – President Biden has officially announced his intent to nominate Lina M. Khan for Commissioner of the Federal Trade Commission. Lina Khan is currently an associate professor of law at Columbia Law School, where she teaches and writes about antitrust law, infrastructure industries law, and the antimonopoly tradition. She previously served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law, and helped lead the Subcommittee’s investigation of digital markets and publication of its final report on the state of competition online. Prior to that, she served as a legal advisor in the office of Commissioner Rohit Chopra at the FTC. While still a student at Yale Law School in 2017, Ms. Khan authored Amazon’s Antitrust Paradox, an antitrust law article which “argues that the current framework in antitrust – specifically its pegging competition to ‘consumer welfare,’ defined as short-term price effects – is unequipped to capture the architecture of market power in the modern economy.”

FCC Starts Process To Revoke China Unicom Americas’ Authority To Provide Telecom Services In The U.S.

March 19, 2021 – The FCC has initiated a proceeding to determine whether to terminate China Unicom Americas’ Section 214 authority to provide domestic interstate and international telecommunications services due to concerns over national security and the security of U.S. telecommunications infrastructure. Because China Unicom Americas is ultimately owned and controlled by China’s government, the FCC has concerns regarding its vulnerability to the exploitation, influence, and control of the Chinese government. In 2020, the FCC ordered China Unicom Americas to show cause why its Section 214 authority should not be revoked, and after reviewing the record, the FCC has determined China Unicom Americas failed to dispel serious concerns regarding its operations in the U.S. China Unicom Americas will have 40 days to answer the FCC’s Further Request for Information contained in Appendix A to the Revocation Order, and present further arguments and evidence. The public and Executive Branch agencies will have 40 days to respond to China Unicom Americas’ answers. China Unicom Americas will then have 20 days to present any additional evidence or arguments regarding its Section 214 authority.

FCC Announces E-Rate & Rural Health Care Programs’ Funding Caps For 2021

March 19, 2021 – The FCC’s Wireline Competition Bureau has announced the E-Rate and Rural Health Care (RHC) programs’ funding caps for funding year 2021, both of which represent a 1.2% inflation-adjusted increase in each program cap from 2020.

• E-Rate Program: The funding cap for funding year 2021 is $4,276,833,965.

• Rural Health Care Program: The funding cap for funding year 2021 is $612,016,418. The internal cap for upfront payments and multi-year commitments under the Healthcare Connect Fund Program is $154,532,400.

FCC Wants Stakeholder Input On State Of The Lifeline Marketplace – Comments Due April 19th

March 19, 2021 – The FCC’s Wireline Competition Bureau is seeking input on the state of the Lifeline marketplace. Comments are due on or before April 19, 2021, and reply comments are due May 4, 2021. As required by the 2016 Lifeline Order, the Bureau must submit a State of the Lifeline Marketplace Report to the Commission by June 30, 2021. To help craft the report it will eventually submit, the Bureau is seeking input on the following Lifeline program topics:

• The prevalence of subscriptions to various service offerings in the Lifeline program;

• The affordability of both Lifeline voice and broadband services;

• The pace since adoption of the 2016 Lifeline Order at which voice and data usage has changed, The Lifeline program’s minimum service standards;

• The net benefits of continuing to support voice service as a standalone Lifeline service option; and

• The intersection between the Emergency Broadband Benefit Program and the Lifeline marketplace.

FCC Starts Process To Revoke Pacific Networks’ & ComNet’s Authority To Provide Telecom Services In The U.S.

March 19, 2021 – The FCC has initiated a proceeding to determine whether to terminate Pacific Networks Corp.’s and its wholly owned subsidiary, ComNet (USA) LLC’s Section 214 authority to provide domestic interstate and international telecommunications services due to concerns over national security and the security of U.S. telecommunications infrastructure. Because Pacific Networks and ComNet are ultimately owned and controlled by China’s government, the FCC has concerns regarding their vulnerability to the exploitation, influence, and control of the Chinese government. Pacific Networks and ComNet will have 40 days to answer the FCC’s Further Request for Information contained in Appendix A to the Revocation Order, and present further arguments and evidence. The public and Executive Branch agencies will have 40 days to respond to their answers. Pacific Networks and ComNet will then have 20 days to present any additional evidence or arguments regarding their Section 214 authority.

Michigan Court Of Appeals Says Drone Pictures Violated The Fourth Amendment

March 18, 2021 – The Michigan Court of Appeals has issued a ruling declaring photographs taken using a drone violated property owners’ Fourth Amendment rights. The Court’s order decided an appeal of a trial court’s denial of a motion to suppress evidence. Long Lake Township, in 2018, filed a civil action against the defendants, alleging violation of a city ordinance because the amount of junk cars and other material being kept on their property constituted an illegal salvage or junk yard. As support for its lawsuit, the Township hired a drone operator to take pictures, over a three-year period, of the defendants’ property and the junk being stored there. The defendants moved to suppress the pictures taken by the drone, arguing they violated the Fourth Amendment, but the trial court concluded that the defendants did not have a reasonable expectation of privacy. On appeal, the defendants argued that they had a reasonable expectation of privacy that was violated by plaintiff’s use of a drone to photograph their property and that the drone operator’s alleged noncompliance with FAA regulations was pertinent to the Fourth Amendment analysis. The Michigan Court of Appeals agree and reversed, noting “drones are qualitatively different from airplanes and helicopters: they are vastly smaller and operate within little more than a football field’s distance from the ground. Furthermore, given their maneuverability, speed, and stealth, drones are—like thermal imaging devices—capable of drastically exceeding the kind of human limitations that would have been expected by the Framers not just in degree, but in kind.”

FCC Hits Robocallers With Largest Fine Ever – $225 Million

March 18, 2021 – The Federal Communications Commission (FCC) has issued a Forfeiture Order against John C. Spiller and Jakob A. Mears, doing business under the names Rising Eagle Capital Group LLC, JSquared Telecom LLC, Only Web Leads LLC, Rising Phoenix Group, Rising Phoenix Holdings, RPG Leads, and Rising Eagle Capital Group – Cayman. Following a lengthy investigation, the FCC determined Mr. Spiller and Mr. Mears, who are the companies’ sole owners, directors and managers, made approximately one billion health insurance-related robocalls in the first four-and-a-half months of 2019. They also “used spoofed caller ID with the intent to defraud, cause harm, and wrongfully obtain something of value in violation of the Truth in Caller ID Act.” In the Forfeiture Order, the FCC concluded Mr. Spiller, Mr. Mears, and their companies’ are jointly and severally liable for a monetary forfeiture in the amount of $225 million for willfully and repeatedly violating Section 227(e) of the Communications Act and Section 64.1604 of the FCC’s rules. While the $225 million fine is the highest penalty ever levied in the history of the FCC, it’s extremely unlikely the agency or the U.S. Department of Justice will ever be able to recover the full amount.

FCC Proposes Ways To Improve Emergency Alerts; Considers Delivering Alerts Over The Internet & Streaming Services

March 17, 2021 – The FCC has issued a Notice of Proposed Rulemaking and Notice of Inquiry which proposes changes to the Emergency Alert System (EAS) and Wireless Emergency Alert System (WEA) to “improve the way the public receives emergency alerts on their mobile phones, televisions, and radios.” Comments on the NPRM are due on or before 21 days from the date the NPRM is published in the Federal Register, and reply comments are due 35 days from publication. In the NPRM, the FCC generally proposes the following:

• Creating rules to ensure that mobile devices cannot opt-out of receiving WEA alerts from the Administrator of the Federal Emergency Management Agency (FEMA);

• Adopting rules to encourage chief executives of states to form State Emergency Communications Committees if none exist in their states and to adopt additional requirements concerning administration of State EAS Plans;

• Creating rules to enable the Administrator of FEMA and State, local, Tribal, and territorial governments to report false EAS and WEA alerts when they occur; and

• Adopting rules to permit repeating EAS alerts issued by the President, the Administrator of FEMA, and any other entity determined appropriate under the certain circumstances.

In the NOI, the FCC beings an examination of the technical feasibility of delivering emergency alerts over the Internet, including streaming services. Comment is also sought “on whether and how to leverage the capabilities of the Internet to enhance the alerting capabilities of the radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers that currently participate in EAS (EAS Participants).” Comments on the NOI are due on or before 45 days from the date the NOI is published in the Federal Register, and reply comments are due 75 days from publication.

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