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Final Agenda For FCC September 30th Open Meeting

September 23, 2020 – The Federal Communications Commission Chairman has released the final agenda for the FCC’s open meeting on Wednesday, September 30, 2020:

Facilitating Shared Use in the 3.1-3.55 GHz Band – The Commission will consider a Report and Order that would remove the existing non-federal allocations from the 3.3-3.55 GHz band as an important step toward making 100 megahertz of spectrum in the 3.45-3.55 GHz band available for commercial use, including 5G, throughout the contiguous United States.  The Commission will also consider a Further Notice of Proposed Rulemaking that would propose to add a co-primary, non-federal fixed and mobile (except aeronautical mobile) allocation to the 3.45-3.55 GHz band as well as service, technical, and competitive bidding rules for flexible-use licenses in the band. (WT Docket No. 19-348)

Expanding Access to and Investment in the 4.9 GHz Band – The Commission will consider a Sixth Report and Order that would expand access to and investment in the 4.9 GHz (4940-4990 MHz) band by providing states the opportunity to lease this spectrum to commercial entities, electric utilities, and others for both public safety and non-public safety purposes. The Commission also will consider a Seventh Further Notice of Proposed Rulemaking that would propose a new set of licensing rules and seek comment on ways to further facilitate access to and investment in the band. (WP Docket No. 07-100)

Improving Transparency and Timeliness of Foreign Ownership Review Process – The Commission will consider a Report and Order that would improve the timeliness and transparency of the process by which it seeks the views of Executive Branch agencies on any national security, law enforcement, foreign policy, and trade policy concerns related to certain applications filed with the Commission. (IB Docket No. 16-155)

Promoting Caller ID Authentication to Combat Spoofed Robocalls – The Commission will consider a Report and Order that would continue its work to implement the TRACED Act and promote the deployment of caller ID authentication technology to combat spoofed robocalls. (WC Docket No. 17-97)

Combating 911 Fee Diversion – The Commission will consider a Notice of Inquiry that would seek comment on ways to dissuade states and territories from diverting fees collected for 911 to other purposes. (PS Docket Nos. 20-291, 09-14)

Modernizing Cable Service Change Notifications – The Commission will consider a Report and Order that would modernize requirements for notices cable operators must provide subscribers and local franchising authorities. (MB Docket Nos. 19-347, 17-105)

Eliminating Records Requirements for Cable Operator Interests in Video Programming – The Commission will consider a Report and Order that would eliminate the requirement that cable operators maintain records in their online public inspection files regarding the nature and extent of their attributable interests in video programming services.  (MB Docket No. 20-35, 17-105)

Reforming IP Captioned Telephone Service Rates and Service Standards – The Commission will consider a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking that would set compensation rates for Internet Protocol Captioned Telephone Service (IP CTS), deny reconsideration of previously set IP CTS compensation rates, and propose service quality and performance measurement standards for captioned telephone services. (CG Docket Nos. 13-24, 03-123)

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

T-Mobile Tells FCC To Dismiss AT&T Challenge To T-Mobile 600 MHz Leases, Says Spectrum Screen Should Be Overhauled

September 22, 2020 – T-Mobile has requested the FCC dismiss, as procedurally deficient, a filing by AT&T challenging T-Mobile’s 600 MHz Spectrum Manager Lease arrangements with Channel 51 License Company LLC and LB License Co, LLC. AT&T submitted the filing in support of a petition for reconsideration filed by Verizon, which argues the leases “will exacerbate the extent to which T-Mobile exceeds the Commission’s 250 MHz screen for low- and mid-band spectrum in the relevant markets.” T-Mobile characterizes the AT&T comments as an effort by AT&T to slow down T-Mobile as a competitor and game the upcoming C-band auction to its advantage. T-Mobile, however, stated it agrees with AT&T that the spectrum screen is now anachronistic, omits relevant available spectrum, and sorely needs to be reassessed by the Commission. T-Mobile believes the FCC should issue a clarification with respect to the trigger for post-auction case-by-case review of spectrum holdings in the context of the FCC’s upcoming C-band auction. T-Mobile suggests that under such a case-by-case review, there should be “a presumption of no competitive harm where the spectrum won by any auction participant does not exceed one-third of the auctioned spectrum in a local market.”

FCC & NARUC Urge State Governors To Reduce Intrastate Inmate Calling Rates

September 22, 2020 – The Federal Communications Commission (FCC) and the National Association of Regulatory Utility Commissioners (NARUC) have sent a letter to the National Governors Association to address “the too-often exorbitant rates and fees charged for inmates to make intrastate phone calls.” The FCC is taking action to address interstate and international calling rates, but only state and local leaders can address the rates and fees charged for in-state calls made by inmates. The FCC’s News Release announcing the letter explains that “[e]xorbitantly high rates and charges can impede the ability of incarcerated individuals to maintain vital connections by making it prohibitively expensive to stay in touch with their families. Studies have long shown that contact with family and other loved ones during incarceration reduces recidivism and lessens disruptive and anxious behaviors in children with incarcerated parents.” Accompanying the FCC and NARUC letter is a list of every prison and jail in the country that, according to an FCC information collection, had the highest 2019 reported charge for a 15-minute call.

Southern Fiber Worx Forgot To File FCC Form 477, Seeks Waiver To Participate In RDOF Auction

September 21, 2020 – Southern Fiber Worx, LLC has filed a petition seeking waiver of Section 54.804(a)(7)(i)(A) of the FCC’s rules in order to qualify for participation in the FCC’s Rural Digital Opportunity Fund (RDOF) Phase I auction. Southern Fiber Worx, created in Georgia in 2015, currently serves 830 customers and has the potential to reach 3,000 homes. While completing an FCC Form 183 to participate in the FCC’s RDOF Phase I auction, Southern Fiber Worx discovered it “inadvertently neglected to file the three required Form 477s by June 17, 2020,” as required by the FCC’s RDOF rules and orders. It then immediately filed all three requisite Form 477s prior to the Form 183 filing deadline. Southern Fiber Worx is seeking a waiver of Section 54.804(a)(7)(i)(A) which “requires that an auction participant file the three Form 477s on a timely basis so that FCC staff can verify that a participant was operational during the relevant time period.” Southern Fiber Worx’s short form was listed as incomplete when the FCC announced the status of short-form applications received for participation in the RDOF Phase I auction.

Next Meeting Of FCC Precision Ag Connectivity Task Force Set For October 28th

September 21, 2020 – The Federal Communications Commission has announced that the next meeting of the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture will be held Wednesday, October 28, 2020, beginning at 9:30 am EDT. The Task Force will consider and vote on reports from its Data and Mapping, Examining Current and Future Connectivity Demand for Precision Agriculture, and Encouraging Adoption of Precision Agriculture and Availability of High-Quality Jobs on Connected Farms working groups. Also, it will discuss the progress of its other working groups.

Second E-Rate Filing Window For Funding Year 2020 Opens September 21st, Closes October 16th

September 21, 2020 – The FCC’s Wireline Competition Bureau Order opening a second E-Rate filing window for funding year 2020 has been published in the Federal Register. Accordingly, the second E-Rate filing window for funding year 2020 will open on September 21, 2020, and close on October 16, 2020. During the second filing window, E-Rate eligible schools may request E-Rate discounts for additional on-campus category one services to address increased on-campus bandwidth needs caused by the COVID-19 pandemic. Under certain circumstances, E-Rate schools also will not have to undergo a new competitive bidding process.

Telecom Fiber Sues Four Former Employees, Alleges Misappropriation Of Trade Secret

September 21, 2020 – Telecom Fiber, LLC has filed a lawsuit against four former employees alleging misappropriation of trade secrets, unauthorized access of computer files, and breach of contract. The lawsuit was filed in U.S. District Court for The Northern District Of Georgia – Atlanta Division. Telecom Fiber, formed in Georgia, “constructs fiber optic networks and provides emergency response and maintenance services for fiber optic networks.” It describes itself as “a leading installer of fiber optic cable and service provider for fiber optic networks for the southeastern United States.” Telecom Fiber claims it has extensive trade secrets which include the following: the company’s operational structure; customer, supplier, and vendor contracts; pricing structure and pricing matrix; material costs pricing matrix; fiber technician training program; methods of reporting on-the-job test results; detailed records of its customers’ networks including building locations, network layouts, fiber routes, fiber splicing diagrams, as-built records, and distance records; fully-stocked service truck inventory and design; quality control procedures for the company’s services; and customer information and customer service model.

In its complaint, Telecom Fiber states that the four defendants had access to Telecom Fiber’s corporate Dropbox account which contained Telecom Fiber’s trade secrets. Telecom Fiber further alleges that over a roughly eight-hour period in November 2019, one of the defendants logged into the corporate Dropbox account and made copies of over 4,000 files stored on the account, which included Telecom Fiber’s Trade Secrets and documents related to Telecom Fiber’s biggest customer, Zayo. The defendant then resigned from the company the next day. Shortly thereafter, he began working with Vertical Communications, LLC as the regional manager for the Atlanta market. Sometime later, the three other defendants also began working for Vertical Communications. Telecom Fiber alleges that after the four defendants began working with Verticom, Zayo began working with Verticom and transferring its business from Telecom Fiber to Verticom. Based on these allegations, Telecom Fiber’s lawsuit contains the following claims:

• Count I – Violation Of Georgia’s Computer Systems Protection Act (against one defendant)

• Count II – Violation Of The Computer Fraud And Abuse Act (against one defendant)

• Count III – Request For Interlocutory And Permanent Injunction (against all defendants)

• Count IV – Breach Of Contract (against one defendant)

• Count V – Breach Of Contract (against three defendants)

• Count VI – Violation Of The Georgia Trade Secrets Act (against all defendants)

• Count VII – Violation Of The Federal Defend Trade Secrets Acts (against all defendants)

• Count VIII – Conversion (against all defendants)

• Count IX – Civil Conspiracy (against all defendants)

• Count X – Punitive Damages (against all defendants)

• Count XI – Attorney’s Fees And Costs (against all defendants)

Mergers & Acquisitions: Liberty Broadband Corporation & GCI Liberty, Inc.

September 18, 2020 – The FCC’s Wireline Competition Bureau, International Bureau, Wireless Telecommunications Bureau, and Media Bureau are seeking comment on applications filed by GCI Liberty, Inc. (GCI Liberty), and Liberty Broadband Corporation (Liberty Broadband) pursuant to Sections 214 and 310(d) of the Communications Act, the Cable Landing License Act of 1921, and various FCC rules seeking approval to transfer control of various licenses and authorizations held by operating subsidiaries indirectly held by GCI Liberty to Liberty Broadband.

GCI Liberty is a publicly traded Delaware corporation. Its wholly owned subsidiary, GCI Holdings, LLC, through operating subsidiaries, provides local exchange, exchange access, domestic intrastate and interstate interexchange, commercial mobile radio and data, cable television, Internet access, broadcast television, wholesale submarine cable capacity, and other communications services throughout Alaska, between Alaska and the 48 contiguous states, and in certain other geographic regions.

Liberty Broadband is a Delaware publicly traded holding corporation. Liberty Broadband beneficially owns approximately a 23.4% equity interest (on a fully diluted basis) in Charter and a 25.01% voting interest in Charter. Liberty Broadband’s wholly-owned subsidiary, Skyhook, offers mobile positioning and contextual location intelligence solutions.

Upon consummation of the proposed transaction, Liberty Broadband will own GCI Liberty’s existing wholly-owned subsidiaries, including GCI Holdings and its operating subsidiaries that hold FCC licenses and authorizations to provide communications services. Comments are due on or before October 2, 2020, and reply comments are due October 9, 2020.

AT&T Joins Verizon’s Challenge To T-Mobile 600 MHz Leases

September 18, 2020 – AT&T Services, Inc., on behalf of its affiliates, has filed comments in response to Verizon’s petition for reconsideration of the Wireless Telecommunications Bureau’s acceptance of T-Mobile’s Spectrum Manager Lease arrangements with Channel 51 License Company LLC and LB License Co, LLC, and T-Mobile’s opposition to the petition. AT&T argues that the combination of Sprint and T-Mobile has resulted in an unprecedented concentration of spectrum in the hands of one carrier, necessitating much more transparency into how the FCC evaluates transactions (and auction applications) involving spectrum aggregation in excess of the screen, changes in the FCC’s review process, and a re-examination of how the FCC approaches its spectrum screen. The 600 MHz licenses at issue were originally won by AT&T at auction, but later sold  to Columbia Capital. Verizon filed its petition in August 2020 seeking reconsideration of the Wireless Telecommunications Bureau’s acceptance of T-Mobile License LLC’s Spectrum Manager Lease arrangements with Channel 51 License Company LLC and LB License Co, LLC (Application File Nos. 0009021213 & 0009021220). Verizon argues the lease agreements “will exacerbate the extent to which T-Mobile exceeds the Commission’s 250 MHz screen for low- and mid-band spectrum in the relevant markets, including those where it already exceeds the screen by more than 100 MHz.”

USDA Announces $7.5 Million ReConnect Program Broadband Award In South Carolina

September 17, 2020 – The U.S. Department of Agriculture has announced a $7.5 million ReConnect Program broadband loan has been awarded to OneTone Telecommunications in rural South Carolina. OneTone Telecommunications will receive a $7.5 million loan to deploy a fiber-to-the-premises network that will connect 12,938 people, 29 businesses, and three educational facilities to high-speed broadband internet in Anderson and Oconee counties in South Carolina. The funded service area includes 5,263 households spread over 2.67 square miles. The loan is the 12th award made under the second round of the ReConnect Program. This brings the total funding made in the second round to $128,049,562.

Agenda Set For September 22 FTC Virtual Workshop On Data Portability

September 17, 2020 – The Federal Trade Commission will hold a virtual workshop on data portability on Tuesday September 22, 2020. The workshop will examine the potential benefits and challenges to consumers, privacy, and competition raised by data portability, defined as the “ability of consumers to move data from one service to another or to themselves.” It will run from 8:30 a.m. to 3 p.m. ET. The full agenda is available online.

FCC Electronic Licensing Order Finalizes Transition To All Electronic Filings In The Wireless Radio Services

September 17, 2020 – The FCC has released on Order which finalizes the transition to electronic interactions for licenses, authorizations, and correspondence in the Wireless Radio Services. In the 2019 Electronic Licensing Notice of Proposed Rulemaking the FCC proposed to make all filings to the Universal Licensing System (ULS) completely electronic; expand electronic filing and correspondence elements for related systems; and require applicants to provide an e-mail address on related FCC Forms; and sought comment on additional rule changes that would further expand the use of electronic filing and electronic service. In the Electronic Licensing Order, the FCC explains that it manages applications for all Wireless Radio Service licenses through the Universal Licensing System (ULS). Related systems accept filings and work in conjunction with or alongside of ULS, including the Antenna Structure Registration (ASR) System, the Tower Construction Notification System (TCNS), and the Electronic Section 106 (E-106) System. While the majority of applications filed in ULS are electronic, exceptions to mandatory electronic filing remain for a number services. The FCC’s Electronic Licensing Order adopts the following changes:

• The FCC has removed the remaining exemptions to mandatory electronic filing in ULS and require electronic filing in the ASR System.

• The FCC now requires electronic filing of pleadings related to Wireless Radio Services licenses and applications in these systems and requires electronic service where service of such pleadings is required.

• All applicants, licensees, and registrants in the Wireless Radio Services must include at least one valid e-mail address on the relevant FCC Forms.

• The FCC has moved away from U.S. Postal Service to electronic delivery of correspondence generated from these systems to applicants, licensees, and registrants in the Wireless Radio Services.

• There is a transition deadline of six months for these changes to take effect.

Senators Urge FCC To Use E-Rate Funding To Help Students Obtain In-Home Broadband Service

September 17, 2020 – A group of 30 Senators led by Senator Ed Markey (D-MA) have sent a letter to FCC Chairman Ajit Pai which urges the FCC “to immediately utilize the E-Rate program to provide internet connectivity to students at home.” According to the press release announcing the letter, “studies indicate that as many as 16 million children in the United States lack internet access at home and are unable to participate in online learning.” The Senators argue the FCC has clear authority under the E-Rate program to use available funding to start connecting students immediately. They argue that the federal E-Rate statute “does not preclude the FCC from expanding [the] program to fund connections at students’ homes —which, because schools have had to close their doors, have become de facto classrooms for millions of children.”

FCC Announces Opening Of Second E-Rate Application Window For Funding Year 2020; Will Close On October 16th

September 16, 2020 – The FCC’s Wireline Competition Bureau has announced the opening of a second E-Rate filing window for funding year 2020 to allow schools to request additional E-Rate funding to address increased on-campus bandwidth needs. The decision is made on an emergency basis, without notice and comment. During this second funding year 2020 filing window, E-Rate eligible schools will be allowed to request additional funding for the limited purpose of purchasing more broadband bandwidth without having to undergo a new competitive bidding process. The window will open upon publication of the Bureau’s Order in the Federal Register, and will close on October 16, 2020.

According to the FCC’s News Release, “during this second filing window, schools will be able to purchase additional bandwidth for this academic year to address needs resulting from the increasing shift to 1:1 student-to-device ratios in classrooms, live streaming of classroom instruction to students at home, and expanding use of cloud-based educational tools and platforms – all of which can significantly increase on-campus bandwidth requirements.”

Normally, funding year 2020 runs from July 1, 2020 through June 30, 2021, with a filing window from January 15, 2020 through April 29, 2020. The Universal Service Administrative Company (USAC) received 38,207 applications requesting $2.91 billion in discounts for eligible services during this filing window. The Bureau notes, however, that applicants conducted competitive bidding and requested E-Rate funding before they were forced to fully or partially transition to remote learning. Since the beginning of the 2020 school year, most school districts are relying on remote learning, either in whole or in part, which has dramatically increased demand on school networks and broadband access requirements.

FCC Releases Report On Broadband Services Derived From FCC Form 477 Data

September 16, 2020 – The FCC’s Office of Economics & Analytics, Industry Analysis Division has released a report on “Internet Access Services: Status as of December 31, 2018,” which summarizes information about Internet access connections in the U.S. as of December 31, 2018, as collected by FCC Form 477. Key data in the report include the following:

• Total Connections. Total Internet connections increased by about 4.9% between December2017 and December 2018 to 441 million. Mobile Internet connections increased 5.7% year-over-year to 331 million in December 2018, while fixed connections grew to 111 million – up about 2.5% from December 2017.

• Downstream Speeds. The percentage of fixed connections with a downstream speed of at least 25 Mbps has grown from 54% (or 55 million connections) in December 2015 to 76% (or 85 million connections) in December 2018. Over the same period, the percentage of fixed connections with downstream speeds of less than 3 Mbps has decreased from 6% (or 6 million connections) in December 2015 to 2% (or about 2.4 million connections) in December 2018

• Typical Speeds. The median downstream speed of all reported fixed connections was 100 Mbps and the median upstream speed was 10 Mbps. For residential fixed connections, the median downstream speed was 100 Mbps and the median upstream speed was 10 Mbps.

• Residential Connections. Residential fixed Internet access connections increased by about 2.6% between December 2017 and December 2018, to ~101 million. Residential (non-business) mobile wireless Internet access connections on mobile devices with data plans for full Internet access increased by about 5.6%, to 267 million, between December2017 and December 2018.

President Trump Nominates Nathan Simington To Fill O’Rielly’s Federal Communications Commission Seat

September 16, 2020 – President Trump has nominated Nathan Simington to be a Member of the Federal Communications Commission for a term of five years from July 1, 2019. Mr. Simington is currently a Senior Advisor in the National Telecommunications and Information Administration (NTIA). The nomination will fill the seat formerly held by Michael O’Rielly. In August 2020, the White House withdrew the reappointment nomination of Commissioner O’Rielly after the Commissioner gave a speech to the Media Institute in which he said demands for private actors to curate or publish speech in a certain way should be rejected. Commissioner O’Rielly’s reappointment was sent to the Senate on March 18, 2020. His current term as an FCC Commissioner expired at the end of June 2019, but he may continue to serve until the close of the next Congress.

FCC Filing Requirement: Designated Entity Annual Reports Due September 30th

September 15, 2020 – Every designated entity (DE) licensee must file an annual DE report with the FCC by September 30, 2020. More specifically, each DE licensee must submit an annual report reflecting the status of each license held as of August 31, 2020 that is subject to the FCC’s unjust enrichment requirements. Pursuant to Section 1.2110(n) of the FCC’s rules, the annual DE report must include, at a minimum, a list and summaries of all agreements and arrangements, including proposed agreements and arrangements, that relate to eligibility for designated entity benefits. In addition, the list must include the parties, including affiliates, controlling interests, and affiliates of controlling interests, to each agreement or arrangement, as well as the dates on which the parties entered into each agreement or arrangement. Licensees must file DE reports electronically using Form 611-T. Failure to comply with the annual DE reporting requirement may result in enforcement action by the FCC.

FCC Announces 157 Tribal Priority Window Applications Are Acceptable For Filing

September 15, 2020 – The FCC’s Wireless Telecommunications Bureau has announced that 157 Rural Tribal Priority Window applications for 2.5 GHz band spectrum licenses have been found, upon initial review, to be acceptable for filing. The Rural Tribal Priority Window opened in February 2020, giving Tribal entities an opportunity to apply for spectrum licenses in the 2.5 GHz band to serve rural Tribal areas without having to bid in an FCC spectrum auction. More than 400 applications were filed during the priority filing window. The 157 Rural Tribal Priority Window applications that have passed initial review are listed on an Attachment to the Bureau’s Public Notice. Petitions to deny the applications must be filed no later than October 15, 2020. Oppositions to a petition to deny must be filed no later than October 26, 2020. Replies to oppositions must be filed no later than November 2, 2020.

FCC Upholds Retrans Complaint, Issues $512,228 Fine Against Eighteen Broadcast Stations For Failing To Negotiate In Good Faith

September 15, 2020 – The FCC has issued a Memorandum Opinion And Order upholding an FCC Media Bureau decision that 18 broadcast stations failed to negotiate in good faith with DIRECTV, LLC, and AT&T Services, Inc. for consent to carry the signals of 18 broadcast television stations. In the Bureau’s November 2019 decision, the Bureau granted AT&T’s complaint, finding that the broadcast station “Defendants refused to negotiate, unreasonably delayed negotiations, and failed to respond to AT&T’s carriage proposals, each constituting a per se breach of the duty to negotiate in good faith.” Along with the order affirming the Media Bureau’s decision, the FCC issued a Notice Of Apparent Liability For Forfeiture proposing a penalty of $512,228 against each of the eighteen stations.

Fourth Quarter 2020 USF Contribution Factor Increases To 27.1 Percent, Smashes Previous Record!

September 14, 2020 – The Federal Communications Commission’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the fourth quarter of 2020 will be 27.1 percent. This breaks the previous USF contribution factor record of 26.5 percent set during the third quarter of 2020. It also makes 2020’s average contribution factor 23.3 percent, the highest yearly average ever. The four USF contribution factors for 2020 and the average for the year are as follows:

2020Q1 – 20

2020Q2 – 19.6

2020Q3 – 26.5

2020Q4 – 27.1

2020 USF contribution factor average: 23.3

For the fourth quarter of 2020, the Universal Service Administrative Company (USAC) projects $10.42838 billion in total interstate and international end-user telecommunications revenues will be collected. USAC estimates that $2.204790 billion is needed to cover the total demand and expenses for all Federal universal service support mechanisms in the fourth quarter of 2020. If the FCC takes no action on the proposed USF contribution factor within 14 days, it will be declared approved. Historical information on quarterly universal service fund contribution factors is available online from the FCC.

Verizon Acquiring TracFone In $6 Billion Deal

September 14, 2020 – Verizon has announced it has entered into an agreement with America Movil to acquire TracFone Wireless, Inc. Verizon will pay America Movil $3.125 billion in cash and $3.125 billion in Verizon common stock. Verizon expects the transaction to close in the second half of 2021. TracFone is a mobile virtual network operator (MVNO) that utilizes the networks of all three nationwide mobile wireless providers, and provides service under various brands, including Simple Mobile, Straight Talk wireless, and SafeLink Wireless. TracFone specializes in prepaid wireless service, and is estimated to have over 20 million prepaid wireless subscribers and over 90,000 retail locations in the U.S.

FCC Releases Rural Call Completion Report, Comments Due October 29th

September 14, 2020 – The FCC’s Wireline Competition Bureau has released a report on the effectiveness of the FCC’s rural call completion rules, along with a related request for comment. In the Report, the Bureau finds that the rules the FCC adopted in the Second Rural Call Completion Order, including the covered provider monitoring and point of contact requirements, and the elimination of the data reporting requirement, have been effective in contributing to a reduction call completion issues and improving overall rural call completion. The Bureau seeks comment on this conclusion. The Bureau also seeks comment on the effectiveness of the intermediate provider service quality standards adopted in the Fourth Rural Call Completion Order. That order imposed a general duty intermediate providers to complete calls; adopted service quality standards for intermediate providers; and adopted an exception to those standards for intermediate providers that qualify for the covered provider safe harbor in the FCC’s existing rules. Interested parties may file comments in response to the Report and the Bureau’s findings on or before October 29, 2020.

DC Circuit Court Of Appeals Denies ACA’s C-Band Writ Of Mandamus

September 14, 2020 – The U.S. Court of Appeals for the District of Columbia Circuit has denied ACA Connects’ petition for a writ of mandamus seeking a halt to the FCC’s September 14 deadline for incumbent earth-station operators to elect a lump sum payment as part of the C-Band transition. Generally, ACA was challenging the Wireless Telecommunications Bureau’s decision to exclude from the lump-sum total the cost of integrated receiver/decoders that earth stations require for relocation. The D.C. Circuit concluded ACA failed to demonstrated a likelihood of success on the merits. Among other things, the court was not persuaded by ACA’s arguments that “the Wireless Telecommunications Bureau was required by regulation to include certain costs for purchasing decoders when determining a lump sum amount, or that the process the Bureau used to ultimately determine that lump sum amount was arbitrary and capricious.”

FCC Modifies DISH Network Spectrum Licenses

September 11, 2020 – The FCC’s Wireless Telecommunications Bureau has modified the license terms and revised the construction deadlines for various spectrum licenses held by DISH Network Corporation. DISH’s licenses also now carry certain obligations to provide 5G services using the spectrum. DISH made the request to modify its spectrum licenses in 2019 when DISH was added to the U.S. Department of Justice’s settlement allowing T-Mobile and Sprint to combine. The DOJ settlement required T-Mobile and Sprint divest spectrum, prepaid wireless businesses, cell sites, and physical assets to DISH, in an effort to prop up DISH as a new fourth nationwide mobile wireless carrier. The Wireless Bureau’s action applies to the following DISH licenses: AWS H Block; AWS-4; Lower 700 MHz E Block Band; and 600 MHz Band.

USDA Announces $21.6 Million ReConnect Program Broadband Award In North Carolina

September 11, 2020 – The U.S. Department of Agriculture has announced a $21.6 million ReConnect Program broadband grant has been awarded to Atlantic Telephone Membership Corporation in rural North Carolina. ATMC will receive a $21.6 million grant to construct a fiber-to-the-premises network which will bring high-speed broadband internet access to 17,424 people, 209 farms, 285 businesses, 19 educational facilities, nine health care facilities, seven fire stations, and seven post offices in Pender County. The funded service area includes 6,853 households spread over 539.44 square miles. The grant is the 11th award made under the second round of the ReConnect Program.

Mississippi Public Service Commission Subpoenas AT&T For Broadband Deployment Records

September 10, 2020 – The Mississippi Public Service Commission has issued an investigative subpoena for records from AT&T regarding the company’s acceptance of $283,780,632 from the FCC’s Connect America Fund to expand broadband service to 133,000 locations in Mississippi. Prior to issuing the subpoena, the Mississippi PSC sent AT&T an informal request “for documentation related to the actual number of locations benefitting from the $280 million project,” but AT&T did not reply. The Mississippi PSC’s subpoena “demands production of documents showing the number of actual subscribers to AT&T’s fixed wireless service within the 133,000 locations where the company claims to have provided service, the number of complaints filed with the company by customers who have taken service and the number of Mississippians who applied for fixed wireless service based on AT&T’s assertion that it was available and were later determined not to be in an area covered.”

Mergers & Acquisitions: Future Fiber Purchasing Otelco

September 10, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by Otelco Inc. and Future Fiber FinCo, Inc. requesting consent to transfer control of Otelco Inc. and its subsidiaries to Future Fiber. Comments are due on or before September 24, 2020, and reply comments are due October 1, 2020. Otelco is a publicly traded Delaware corporation and holding company that provides telecommunications services through subsidiaries in Alabama, Maine, Massachusetts, Missouri, New Hampshire, Vermont, and West Virginia. Future Fiber, a newly formed Delaware corporation created for the purpose of completing the proposed transaction, is primarily owned and controlled by funds and entities affiliated with Oak Hill Capital Management, a private equity fund based in the United States but whose funds are organized in the Cayman Islands. Pursuant to an Agreement and Plan of Merger, Olympus Merger Sub, Inc., a Delaware corporation and direct, wholly owned subsidiary of Future Fiber created for the transaction, will merge with and into Otelco where upon the separate corporate existence of Olympus will cease, and Otelco will continue as the surviving entity. As a result, Otelco will be a direct, wholly owned subsidiary of Future Fiber, and Otelco’s telecom subsidiaries will be indirect, wholly owned subsidiaries of Future Fiber.

USDA Announces $2.3 Million ReConnect Program Broadband Award In North Carolina

September 10, 2020 – The U.S. Department of Agriculture has announced a $2.3 million ReConnect Program broadband grant has been awarded to Randolph Telephone Membership Corporation in rural North Carolina. RTMC will receive a $2.3 million grant to deploy a fiber-to-the-premises network to bring high-speed broadband internet access service to 3,333 people, 17 farms, 26 businesses, and nine educational facilities in northern Moore County. The funded service area includes 1,302 households spread over 16.24 square miles. The grant is part of the $100 million Congress allocated to the ReConnect Program through the CARES Act, and is the 10th award made in the second round of USDA’s ReConnect Program.

Cryptocurrency: Portion Of Digital Taxonomy Act Of 2019 Passes Full House Committee On Energy And Commerce

September 9, 2020 – A portion of the Digital Taxonomy Act of 2019 has been approved by the U.S. House of Representatives’ Committee on Energy and Commerce. Introduced in April 2019, the Digital Taxonomy Act, H.R. 2154, would have authorized funding for the Federal Trade Commission to prevent unfair or deceptive acts or practices relating to digital tokens and digital token transactions, and required the FTC to report to Congress on efforts to carry out that mission. During a full Energy and Commerce Committee markup session, an amendment in the form of a substitute was made to the bill, which added part of the original legislation to H.R. 8128, the AI for Consumer Product Safety Act. Specifically, only the portion of the Digital Taxonomy Act requiring the FTC to report to Congress on actions taken to prevent unfair or deceptive acts or practices relating to digital tokens was included. The amendment also added H.R.8153, the Blockchain Innovation Act, and renamed H.R. 8128 the Consumer Safety Technology Act. The bill was passed by the full committee and can now be sent to the full House for consideration.

FCC Releases Tentative Agenda For September Open Meeting

September 9, 2020 – Federal Communications Commission Chairman Ajit Pai has announced the following tentative agenda for the FCC’s next open meeting scheduled for Wednesday, September 30, 2020:

• Facilitating Shared Use in the 3.1-3.55 GHz Band – The Commission will consider a Report and Order that would remove the existing non-federal allocations from the 3.3-3.55 GHz band as an important step toward making 100 megahertz of spectrum in the 3.45-3.55 GHz band available for commercial use, including 5G, throughout the contiguous United States.  The Commission will also consider a Further Notice of Proposed Rulemaking that would propose to add a co-primary, non-federal fixed and mobile (except aeronautical mobile) allocation to the 3.45-3.55 GHz band as well as service, technical, and competitive bidding rules for flexible-use licenses in the band. (WT Docket No. 19-348)

• Expanding Access to and Investment in the 4.9 GHz Band – The Commission will consider a Sixth Report and Order that would expand access to and investment in the 4.9 GHz (4940-4990 MHz) band by providing states the opportunity to lease this spectrum to commercial entities, electric utilities, and others for both public safety and non-public safety purposes. The Commission also will consider a Seventh Further Notice of Proposed Rulemaking that would propose a new set of licensing rules and seek comment on ways to further facilitate access to and investment in the band. (WP Docket No. 07-100)

• Improving Transparency and Timeliness of Foreign Ownership Review Process – The Commission will consider a Report and Order that would improve the timeliness and transparency of the process by which it seeks the views of Executive Branch agencies on any national security, law enforcement, foreign policy, and trade policy concerns related to certain applications filed with the Commission. (IB Docket No. 16-155)

• Promoting Caller ID Authentication to Combat Spoofed Robocalls – The Commission will consider a Report and Order that would continue its work to implement the TRACED Act and promote the deployment of caller ID authentication technology to combat spoofed robocalls. (WC Docket No. 17-97)

• Combating 911 Fee Diversion – The Commission will consider a Notice of Inquiry that would seek comment on ways to dissuade states and territories from diverting fees collected for 911 to other purposes. (PS Docket Nos. 20-291, 09-14)

• Modernizing Cable Service Change Notifications – The Commission will consider a Report and Order that would modernize requirements for notices cable operators must provide subscribers and local franchising authorities. (MB Docket Nos. 19-347, 17-105)

• Eliminating Records Requirements for Cable Operator Interests in Video Programming – The Commission will consider a Report and Order that would eliminate the requirement that cable operators maintain records in their online public inspection files regarding the nature and extent of their attributable interests in video programming services.  (MB Docket No. 20-35, 17-105)

• Reforming IP Captioned Telephone Service Rates and Service Standards – The Commission will consider a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking that would set compensation rates for Internet Protocol Captioned Telephone Service (IP CTS), deny reconsideration of previously set IP CTS compensation rates, and propose service quality and performance measurement standards for captioned telephone services. (CG Docket Nos. 13-24, 03-123)

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

USDA Announces $9.8 Million ReConnect Program Broadband Award In Tennessee

September 9, 2020 – The U.S. Department of Agriculture has announced a $9.8 million ReConnect Program broadband grant and loan combination has been awarded to Ardmore Telephone Company in rural Tennessee. Ardmore Telephone Company will receive a $4.9 million grant and a $4.9 million loan to deploy a fiber-to-the-premises network to connect high-speed broadband internet access service to 4,005 people, 263 farms, 28 businesses, four educational facilities, and one fire station in Benton, Giles and Lincoln counties in Tennessee. The funded service area includes 1,658 households spread over 128.55 square miles. Funding for the award was allocated through the CARES Act and from the $550 million available in the second round of ReConnect Program.

FCC Supply Chain Security Information Collection Report Estimates $1.837 Billion Cost To Remove Huawei & ZTE Equipment

September 4, 2020 – The FCC’s Wireline Competition Bureau and Office of Economics and Analytics have released a Public Notice showing the results from the Supply Chain Security Information Collection, which was conducted pursuant to the FCC’s 2019 Supply Chain Order. The Public Notice contains a list of Eligible Telecommunications Carriers (ETCs) that have reported the presence or use of Huawei or ZTE equipment or services in their networks, or in the networks of their affiliates or subsidiaries. After reviewing the submitted data, the Bureau estimates it could cost $1.837 billion to remove and replace Huawei and ZTE equipment found in the networks of all communications providers that filed information with the FCC.

SpaceX Claims Starlink Satellite Broadband Service Beta Tests Achieve 100 Mbps Download Speeds

September 4, 2020 – In a recent ex parte with the FCC, Space Exploration Holdings, LLC (SpaceX) claims its Starlink satellite broadband service can achieve download speeds of just over 100 Mbps with latency below 30 ms. SpaceX conducted the ex parte in support of the April 2020 application it filed with the FCC’s International Bureau asking for permission to modify its current FCC authorization to operate its Starlink satellite network at lower altitudes. Specifically, SpaceX seeks to lower the altitude of the 2824 satellites in the upper shell of its Starlink constellation from 1100-1330 km to 540-570 km. The SpaceX ex parte slide deck contains screen shots from Starlink beta tests, as well as additional information on the status of Starlink: SpaceX is manufacturing 120 Starlink satellites each month; SpaceX has deployed over 650 satellites to date, making it the largest satellite constellation in the world; and SpaceX “is on track: to produce thousands of consumer user terminals per month.

Mergers & Acquisitions: Consolidated Companies, Inc. Purchasing Another Nebraska Rural ILEC

September 3, 2020 – The FCC’s Wireline Competition Bureau is seeking public comment on a Section 214 application filed by Sodtown Telephone Company (STC) and Sodtown Communications, Inc. (SCI) requesting consent to transfer the telecommunications assets and customer base of STC to SCI. Comments are due on or before September 17, 2020, and reply comments are due September 24, 2020. STC is a Nebraska a rural incumbent local exchange carrier (LEC) serving approximately 56 access lines in portions of Buffalo and Hall Counties in Central Nebraska. SCI is a wholly owned subsidiary of Consolidated Companies, Inc. that was formed to facilitate the purchase of STC’s assets. Consolidated Companies, Inc. owns four other Nebraska LECs and an interexchange carrier serving North Central and Southwestern Nebraska. Pursuant to an asset purchase agreement, SCI will purchase all of the operating assets and customer base of STC. STC and Consolidated’s four Nebraska LECs receive high-cost universal service fund support under the Alternative Connect America Cost Model.

FCC To Fine BarrierFree Communications $163,912 For Reporting Inaccurate Broadband Deployment Data

September 2, 2020 – The Federal Communications Commission has issued a Notice Of Apparent Liability For Forfeiture against Barrier Communications Corporation d/b/a BarrierFree for apparently reporting inaccurate FCC Form 477 broadband deployment information. The FCC proposes a $163,912 fine, which is the statutory maximum. As set out in the NAL, BarrierFree, a fixed wireless broadband service provider, apparently failed to file FCC Form 477 twenty-seven times and apparently filed inaccurate FCC Form 477 data on four other occasions: in its March 2018 filing; its revised March 2018 filing; its September 2019 filing; and its March 2020 filing. Additionally, after receiving Letters of Inquiry from the FCC, BarrierFree apparently provided non-responsive and inaccurate responses to the FCC’s Enforcement Bureau.

CBRS Auction Concludes: 228 Winning Bidders, $4.54 Billion In Net Bids

September 2, 2020 – The FCC has announced that Auction 105 has concluded. Auction 105 raised a total of $4,543,232,339 in net bids ($4,585,663,345 in gross bids), with 228 bidders winning a total of 20,625 Priority Access Licenses in the 3550-3650 MHz portion of the 3.5 GHz band. The five bidders with the largest total winning bid amounts were:

• Verizon Wireless Network Procurement LP – $1,893,791,991

• Wetterhorn Wireless LLC (Dish) – $912,939,410

• Spectrum Wireless Holdings, LLC – $464,251,209

• XF Wireless Investment, LLC – $458,725,900

• Cox Communications, Inc. – $212,805,412

The 228 bidders won 20,625 of 22,631, or more than 91.1%, of available licenses. The five bidders winning the largest number of licenses were:

• Wetterhorn Wireless LLC (Dish) – 5,492

• SAL Spectrum, LLC – 1,569

• AMG Technology Investment Group, LLC – 1,072

• Windstream Services LLC, Debtor-in-Possession – 1,014

• XF Wireless Investment, LLC – 830

FCC Authorizes $5.2 Million In CAF II Auction Support In Mississippi For Viasat

September 2, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund Phase II auction support for one winning bid made by Viasat Carrier Services, Inc. in Mississippi. Viasat will receive $5,206,700.80 over 10 years to provide broadband access to 13,819 locations. The Bureau has directed the Universal Service Administrative Company to obligate and disburse Universal Service Fund support to Viasat in 120 monthly payments, which will begin at the end of September 2020. Additional information on Viasat’s funding is available on the FCC’s CAF II Auction site.

USAC Files Fourth Quarter 2020 USF Contribution Base Data: $10.428 Billion

September 1, 2020 – The Universal Service Administrative Company (USAC) has filed information on the universal service fund (USF) contribution base to be used for the fourth quarter of calendar year 2020. This consists of the total interstate and international end-user revenue amount that will be used to determine the contribution factor for the universal service support mechanisms. USAC has calculated the total projected collected interstate and international end-user revenue base for the fourth quarter of 2020 to be $10,428,377,862. To provide a reference point, the USF contribution base for the four quarters of 2020 are as follows:

• Fourth quarter 2020: $10,428,377,862

• Third quarter 2020: $10,219,123,520

• Second quarter 2020: $10,865,131,593

• First quarter 2020: $11,129,976,956

USAC’s estimated revenue base for the fourth quarter of 2020 was derived from projected collected revenue reported by telecommunications service providers using FCC Form 499-Q in August 2020 – 4,200 reporting carriers, of which 3,051 are USF contributors and 1,149 are non-contributing de minimis carriers. Upon Federal Communications Commission approval of the total USF contribution base, the quarterly funding requirements for the four USF support mechanisms, and projected administrative costs, the FCC will establish a quarterly USF contribution factor. USAC will then bill USF contributors on a monthly basis for their individual obligations based on the approved contribution factor.

FCC Announces Status Of RDOF Auction Applications: 121 Complete

September 1, 2020 – The FCC has announced the status of 505 short-form applications received for Auction 904, the Rural Digital Opportunity Fund Phase I auction.

Complete – 121 applications

Incomplete – 384 applications

For the incomplete applications, each applicant has not provided required certifications and basic information, or the applicant has not been determined to be financially or operationally qualified to bid in all the states or for all the performance tier and latency combinations selected. Applicants may correct their deficiencies and resubmit their applications prior to 6:00 p.m. ET on Wednesday, September 23, 2020. Bidding in Auction 904 will begin on Thursday, October 29, 2020.

Comments On Request For Waiver Of Lifeline Service Standards Due September 14

September 1, 2020 – The FCC’s Wireline Competition Bureau is seeking public comment on a petition filed by the National Lifeline Association requesting waiver of the scheduled December 1, 2020 increase in the Lifeline Program’s mobile broadband minimum service standard and decrease in the Lifeline support amount for voice service. Comments are due on or before September 14, 2020. Reply comments are due September 21, 2020. In its petition for waiver, the National Lifeline Association requests that the FCC retain the mobile broadband minimum service standard at 3 GB rather than increasing it to 11.75 GB as planned, and retain Lifeline voice support at $7.25 rather than decreasing it to $5.25 as planned.

IRS Memo Says Virtual Currency Received In Crowdsourcing Labor Market Is Taxable Income

September 1, 2020 – The Internal Revenue Service has issued a memorandum on Taxation of Virtual Currency Received in the Crowdsourcing Labor Market. The memo addresses the question of whether convertible virtual currency received by an individual for performing a microtask through a crowdsourcing or similar platform is taxable income. IRS says the answer is yes – a taxpayer who receives convertible virtual currency in exchange for performing a microtask through a crowdsourcing platform has received consideration in exchange for performing a service, and the convertible virtual currency received is taxable as ordinary income.

August 2020

FCC Releases Schedule Of Regulatory Fees For Fiscal Year 2020

August 31, 2020 – The Federal Communications Commission has adopted a Report and Order and Further Notice of Proposed Rulemaking which set a new schedule of regulatory fees for regulatory payors. In the Report and Order, the FCC adopts a schedule to collect $339,000,000 in congressionally required regulatory fees for fiscal year 2020. Regulatory fees for all payors are due in September 2020. In the FNPRM, the FCC is seeking comment on regulatory fee subcategories for fiscal year 2021, for non-geostationary orbit satellites. Comments are due 30 days after the FNPRM is published in the Federal Register, and reply comments are due 45 days after publication.

USDA Announces $9 Million ReConnect Broadband Program Award In Virginia

August 31, 2020 – The U.S. Department of Agriculture has announced that Scott County Telephone Cooperative in rural Virginia has received a $9 million ReConnect Pilot Program grant. Scott County Telephone Cooperative will use the $9 million grant to deploy a fiber-to-the-premises network connecting 7,496 people, 416 farms, 97 businesses, a fire station, a town hall, and two educational facilities to high-speed broadband internet in Scott County, Virginia. The funded service area includes 3,005 households and 195.88 square miles.

FCC Denies ACA’s Request For Stay Of C-Band Lump Sum Deadline

August 31, 2020 – The FCC’s Wireless Telecommunications Bureau has denied ACA Connects’ Request for Stay of the deadline for incumbent earth station operators to make lump sum elections under the 3.7 GHz Report and Order. ACA sought a stay of the lump sum deadline, pending resolution of a concurrently filed Application for Review of the Final Cost Category Public Notice and any ensuing judicial review. The Bureau concluded “ACA falls far short of the required showing” for each of the four elements required for obtaining a stay.

FCC Approves Great Plains Purchase Of Indiana LECs, Subject To USF Conditions

August 28, 2020 – The FCC’s Wireline Competition Bureau has approved, with conditions, the Section 214 application filed by Chad Miles and Great Plains Communications LLC (GP Communications) requesting consent to transfer control of Miles Enterprises, Inc. and its regulated subsidiaries, Miles Communications, Inc., Sunman Telecommunications Corporation, and Sunman Telecommunications Corporation Long Distance from Chad Miles to GP Communications. The conditions are related to the receipt of high-cost universal service fund (USF) support because the parties to the transaction receive USF support under two different mechanisms – the Alternative Connect America Cost Model (A-CAM) and the traditional rate-of-return cost-based support system. GP Communications, the purchaser, is an incumbent local exchange carrier in Nebraska, and it receives high-cost USF support under the Alternative Connect America Cost Model (A-CAM). GP Communications has three affiliates that also receive A-CAM support. Sunman Telecommunications, a rate-of-return LEC, receives cost-based USF support. The conditions are intended to prevent cost shifting between the companies, from the A-CAM companies to the cost-based company. Such a scenario would boost the cost-based company’s overall costs and overall USF support. To prevent this, the Bureau has capped the combined operating expenses of the post-consummation company’s rate-of-return affiliates at the averaged combined operating expenses of the three calendar years preceding the transaction’s closing date for which the operating expense data are available. The cap will apply to cost recovery under both HCLS and CAF-BLS and will be applied proportionately to each affiliate’s accounts used to determine the affiliate’s eligible operating expense for HCLS and CAF-BLS.

FCC Releases Report On Spectrum Usage For Drones

August 27, 2020 – The FCC’s Wireless Telecommunications Bureau and Office of Engineering and Technology have released a report on spectrum usage for unmanned aircraft system (UAS) operations. In the report, entitled “Report on Section 374 of the FAA Reauthorization Act of 2018,” the Bureau and OET find that the 5030-5091 MHz band is suitable for UAS operations and recommends that the FCC begin a rulemaking to develop service and licensing rules enabling UAS use of the band. Additionally, the report makes the following findings: alternative frequencies licensed under flexible-use service rules are a promising option for UAS communications; absent specific restrictions in spectrum allocation or service rules, current law does not prohibit UAS communications in flexible-use bands, but UAS does have the potential to cause harmful interference to other operations; and the FCC should continue to review the use of flexible-use spectrum bands for drones.

ACA Files Writ Of Mandamus To Halt C-Band Lump Sum Payment Election Deadline

August 27, 2020 – ACA Connects has filed a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit which seeks to halt the September 14 deadline for earth-station operators to elect lump sum payments as part of the FCC’s C-Band transition. In general, ACA is challenging the Wireless Telecommunications Bureau’s decision to exclude from the lump-sum total the cost of integrated receiver/decoders that earth stations require for relocation. ACA argues this error “reduce[s] the expected amount of the lump sum by about 50% – amounting to hundreds of thousands of dollars per earth station.” ACA further argues that “[t]he deficiencies in formulating the lump-sum amount could indefinitely defer fiber-optic deployment that would allow upgrades and expansion of broadband access in areas served by ACA Connects’ members.”

FCC Form 477 Filing Due September 1, 2020

August 25, 2020 – The FCC’s Office of Economics and Analytics has released a Public Notice reminding all parties required to file FCC Form 477 of the next filing deadline. Form 477 data as of June 30, 2020 is due no later than September 1, 2020. The FCC’s Form 477 filing interface is now open, and can be access at https://apps2.fcc.gov/form477/login.xhtml. Service providers that are required to file Form 477 but fail to do so may be subject to enforcement action. Additional information on filing FCC Form 477 is available at www.fcc.gov/form477.

Mergers & Acquisitions: Douglas Fast Net Acquiring Comspan Communications

August 24, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by Comspan Communications, Inc. and Douglas Services, Inc., d/b/a Douglas Fast Net (DFN) requesting approval for the transfer of certain assets of Comspan to DFN. Comments are due on or before September 7, 2020. Reply comments are due September 14, 2020. Comspan, an Oregon corporation, provides competitive local exchange carrier service to 1,343 working lines in the Bandon, Roseburg, Coquille, Glendale, Myrtle Point, and Reedsport exchanges in Oregon. DFN, also an Oregon corporation, provides competitive LEC services to 5,023 working lines in the Roseburg, Camas Valley, Drain, Glide, Yoncalla, Sutherlin, Winston, and Coos Bay exchanges in Oregon. DFN is wholly owned by Douglas Electric Cooperative , an Oregon cooperative corporation.

Tennessee Announces $61 Million In Broadband Grants Funded By CARES Act

August 21, 2020 – Tennessee Governor Bill Lee has announced that $61 million in Tennessee Emergency Broadband Fund grants will be awarded to 62 projects to improve access to broadband internet across the state. The Tennessee Emergency Broadband Fund was created using money allocated to Tennessee through the Coronavirus Relief Fund (CRF). The CRF was authorized by the Coronavirus Aid, Relief, and Economic Security Act – the CARES Act. Each grant will be used to improve broadband infrastructure in Tennessee and enhance broadband access for individuals and families affected during the COVID-19 pandemic. A total of 84 applications requesting $89.1 million in funding were submitted. Funded projects must be completed by December 15, 2020.

FCC Extends C-Band Lump Sum Election Deadline To September 14th

August 20, 2020 – The FCC’s Wireless Telecommunications Bureau has partially granted a request filed by the Society of Broadcast Engineers seeking an extension of time for incumbent earth station operators to elect the lump sum reimbursement. The new deadline to make a lump sum election is September 14, 2020.

FCC Begins Latest Inquiry Into Progress Of U.S. Broadband Deployment

August 19, 2020 – The FCC has released the Sixteenth Broadband Deployment Report Notice Of Inquiry, which seeks comment on the progress of broadband deployment in the U.S. On annual basis, the FCC examines whether advanced telecommunications capability (broadband) is being deployed to all Americans in a reasonable and timely fashion. In its last report, the FCC concluded broadband was being timely deployed. To conduct the analysis the year, the FCC is seeking comment and information on a host of topics related to broadband deployment, such as how should broadband be defined and what existing data sources should be taken into account. Among other things, in the next report the FCC expects to present deployment figures for five fixed broadband speed metrics (25/3 Mbps, 10/1 Mbps, 50/5 Mbps, 100/10 Mbps, and 250/25 Mbps), and for two mobile 4G LTE speed metrics (5/1 Mbps and 10/3 Mbps). Comments are due on or before September 18, 2020. Reply comments are due October 5, 2020.

USDA Announces $2.9 Million ReConnect Broadband Program Award In Missouri

August 19, 2020 – The U.S. Department of Agriculture has announced that Big River Broadband in rural Missouri has received a $2.9 million ReConnect Pilot Program award made through the CARES Act. Big River Broadband will use the $2.9 million grant to deploy a fiber-to-the-premises network connecting 4,839 people, 54 farms, 27 businesses, two public schools, and one fire station to high-speed broadband internet in Cape Girardeau County, Missouri. The funded service area includes 1,746 households and 28.11 square miles. USDA received 11 Round Two ReConnect Program applications that are eligible for the $100 million Congress allocated to the program through the CARES Act.

Additional Comments On Charter Petition To Terminate Merger Conditions Due September 2nd

August 18, 2020 – The FCC’s Wireline Competition Bureau has announced an additional comment period for interested parties to respond to the petition filed by Charter Communications, Inc. to terminate, on May 18, 2021, two conditions related to its merger with Time Warner Cable Inc. and Bright House Networks, LLC. Comments are due on or before September 2, 2020. Charter has requested that the FCC terminate: (1) the prohibition on Charter imposing data caps and usage-based pricing mechanisms; and (2) the requirement for Charter to offer to connect its Internet protocol (IP) network to any qualifying entity free of charge and on standardized terms. Charter argues that “in light of dramatic changes in the online video marketplace and the nature of the internet service market,” the data cap/usage-based pricing and interconnection merger conditions should be terminated. On August 14, 2020, the U.S. Court of Appeals for the D.C. Circuit struck down two of the merger conditions imposed on Charter: For seven years, new Charter cannot charge programming suppliers for access to its network of Internet subscribers (interconnection condition); and new Charter must provide Internet service at steeply discounted prices to at least 525,000 low-income households within four years (discounted services condition). The Bureau has opened an additional comment period to give parties the chance to comment on the impact of the D.C. Circuit’s decision, and ensure the Bureau has a full record upon which to evaluate the effects of the conditions.

FCC Extends Waiver Of Certain Lifeline Program Rules Through November 30th

August 17, 2020 – On its own motion, the FCC’s Wireline Competition Bureau has extended prior waivers of certain Lifeline program rules governing recertification, reverification, general de-enrollment, subscriber usage, income documentation, and documentation requirements for subscribers residing in rural areas on Tribal lands through November 30, 2020. The Bureau first waived the rules to help consumers deal with the public health emergency associated with the coronavirus COVID-19 pandemic, and has now extended the waivers after determining the circumstances necessitating them have not materially changed. The extension applies to the following sections of the FCC’s rules: 54.405(e)(1), 54.405(e)(3), 54.405(e)(4), 54.407(c)(2), 54.410(a), 54.410(b)(1)(i)(B), and 54.410(f).

U.S. Further Restricts Huawei Access To U.S. Technology & Software

August 17, 2020 – The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has added another 38 affiliates Huawei Technologies located across 21 countries to the Entity List, and further restricted access by Huawei and its non-U.S. affiliates to items produced domestically and abroad from U.S. technology and software by once again amending the foreign-produced direct product (FDP) rule. BIS amended the longstanding foreign-produced direct product (FDP) rule in May 2020 to target Huawei’s acquisition of semiconductors that are the direct product of certain U.S. software and technology. The recent amendment applies the rule to transactions: (1) where U.S. software or technology is the basis for a foreign-produced item that will be incorporated into, or will be used in the “production” or “development” of any “part,” “component,” or “equipment” produced, purchased, or ordered by any Huawei entity on the Entity List; or (2) when any Huawei entity on the Entity List is a party to such a transaction, such as a “purchaser,” “intermediate consignee,” “ultimate consignee,” or “end-user.” The amendment further restricts Huawei from obtaining foreign made chips developed or produced from U.S. software or technology to the same degree as comparable U.S. chips. It is intended to prevent Huawei from circumventing U.S. export controls to obtain electronic components developed or produced using U.S. technology.  

Institute for Local Self-Reliance Report: Millions Of Americans Can Only Access Broadband Through Single Provider

August 15, 2020 – According to a recent report from the Institute for Local Self-Reliance, Millions of Americans still do not have a real choice when it comes to their Internet service. Using the latest data available from the Federal Communications Commission, ILSR’s report, Profiles of Monopoly: Big Cable and Telecom, “breaks down statistics for the service territories of the United States’ largest Internet Service Providers: Comcast, Charter, AT&T, Verizon, CenturyLink, Frontier, and Windstream.” Key findings include the following;

• Comcast and Charter maintain an absolute monopoly over at least 47 million people and another 33 million people only have slower and less reliable DSL as a “competitive” choice.

• Over the past two years, federal stats suggest that Charter and Comcast have an absolute monopoly over fewer households, but we think this is mostly a mirage resulting from how the FCC reports data. A significant number of the census blocks showing new competition are likely only partially served.

• The big telecom companies have largely abandoned rural America – their DSL networks overwhelmingly do not support broadband speeds – despite many billions spent over years of federal subsidies and many state grant programs. The Connect America Fund ends this year as a failure, leaving millions of Americans behind after giving billions to the biggest firms without requiring significant new investment. 

• At least 49.7 million Americans only have access to broadband from one of the seven largest cable and telephone companies. In total, at least 83.3 million Americans can only access broadband through a single provider.

Court Of Appeals Vacates Two Charter Merger Conditions – Interconnection & Discounted Services

August 14, 2020 – The U.S. Court of Appeals for the D.C. Circuit has struck down two of the conditions imposed on Charter by the FCC when Charter’s merger with Time Warner Cable and Bright House Networks was approved. Four consumers who subscribe to services from New Charter and the Competitive Enterprise Institute challenged four of conditions the FCC imposed on New Charter:

• For seven years, New Charter cannot charge programming suppliers for access to its network of Internet subscribers (interconnection condition);

• For seven years, New Charter may neither charge Internet subscribers based on actual data usage nor impose data usage caps;

• New Charter must provide Internet service at steeply discounted prices to at least 525,000 low-income households within four years (discounted services condition); and

• New Charter must build out its cable infrastructure to offer Internet service “to at least 2 million additional mass market customer locations” within five years.

The Court first determined the appellants had standing to challenge the interconnection and discounted-services conditions, but not the usage-based pricing and buildout conditions. The Court then vacated the interconnection and discounted-services conditions because the FCC declined to defend them on the merits.

FCC Seeks Comment On ACA Connects’ Request For Stay Of C-Band Final Cost Category Schedule And August 31st Lump Sum Election

August 14, 2020 – The FCC’s Wireless Telecommunications Bureau is seeking comment on a request by ACA Connects–America’s Cable Association that the FCC stay the deadline for earth station operators to make lump sum elections, pending resolution of a concurrently filed Application for Review of the Final Cost Category Public Notice and any ensuing judicial review. Oppositions to ACA’s Request For Stay are due on or before August 19, 2020.

In its recently filed Application For Review, ACA argues the FCC’s C-Band Order “requires the lump sum to include the estimated cost of ‘any necessary changes that will allow the earth stations to receive C-Band services on new frequencies or from new satellites’ after C-Band relocation.” ACA asserts the Wireless Bureau’s lump-sum determination violated that directive by excluding the cost of integrated receivers/decoders (IRDs) that earth stations undisputedly will require to continue receiving C-Band service. ACA is seeking Commission review of the Wireless Bureau’s determination, correction the Bureau’s errors, and a Commission order directing the Wireless Bureau to issue a new, properly supported determination.

ACA is seeking a stay of the August 31st deadline to elect lump-sum payment. ACA Connects is requesting a decision on its Request for Stay by August 20, 2020, to allow ACA to seek judicial relief to the extent necessary. Accordingly, if the FCC does not grant a stay pending review, ACA requests that the FCC grant a 14-day stay of the deadline (until September 14) to allow ACA time to seek a stay from the federal court of appeals.

FCC Releases Updated List of Fixed Competitive ETCs Receiving Phase-Down USF Support

August 14, 2020 – The FCC’s Wireline Competition Bureau has released an updated report showing the legacy support amounts associated with competitive eligible telecommunications carriers (competitive ETCs) offering service to fixed locations. In June 2019, fixed competitive ETCs began receiving legacy support at a reduced level. At that time, the Bureau released a list such carriers, but omitted one carrier from the list. That mistake has now been corrected. The updated list shows 79 competitive ETCs receiving a total of $6,149,988 in annual high-cost universal service support.

ACA Connects Files Application For Review Of Wireless Bureau’s Public Notice Setting C-Band Relocation Lump-Sum Payment Amounts; Requests Stay Pending Review

August 13, 2020 – ACA Connects–America’s Communications Association has filed an Application For Review which asks the Federal Communications Commission to review the Wireless Telecommunication Bureau’s Public Notice setting the amounts that will be available to incumbent earth station operators electing to receive a lump sum payment in place of actual C-Band relocation costs. In its filing, ACA argues the FCC’s March 2020 C-Band Report And Order “requires the lump sum to include the estimated cost of ‘any necessary changes that will allow the earth stations to receive C-Band services on new frequencies or from new satellites’ after C-Band relocation.” ACA asserts the Wireless Bureau’s lump-sum determination violated that directive by excluding the cost of integrated receivers/decoders (IRDs) that earth stations undisputedly will require to continue receiving C-Band service. ACA also makes the following arguments:

The Bureau’s lump-sum determination was also arbitrary and capricious and involved prejudicial procedural error.

The Bureau refused to disclose the methodology and assumptions underlying its calculations.

The Bureau relied on a third-party contractor that conducted secret meetings with undisclosed stakeholders while refusing ACA Connects’ meeting requests.

The Bureau issued its final determination weeks before satellite operators were required to file final transition plans detailing what changes earth stations would have to make in response to satellite relocation.

ACA is seeking Commission review of the Wireless Bureau’s determination, correction the Bureau’s errors, and a Commission order directing the Wireless Bureau to issue a new, properly supported determination. Concurrent with its Application For Review, ACA has filed a Request For Stay of the August 31st deadline to elect lump-sum payment. ACA Connects is requesting a decision on its Request for Stay by August 20, 2020, to allow ACA to seek judicial relief to the extent necessary. Accordingly, if the FCC does not grant a stay pending review, ACA requests that the FCC grant a 14-day stay of the deadline (until September 14) to allow ACA time to seek a stay from the court of appeals.

City of New Boston, Texas Sues Netflix & Hulu For Unpaid Franchise Fees

August 11, 2020 – The City of New Boston, Texas has filed a class action lawsuit against video streaming service providers Netflix and Hulu for violating Texas law by failing to pay video service franchise fees to Texas municipalities. The City of New Boston claims Netflix and Hulu are video service providers, but have failed to file an application with the Public Utility Commission of Texas for a state-issued certificate of franchise authority to provide video service. Not only are Netflix and Hulu “providing video service throughout Texas without authorization,” they also have never paid the required franchise fee of 5% of gross revenues, the City of New Boston claims. The lawsuit was filed in U.S. District Court for the Eastern District of Texas, Texarkana Division.

Cunningham Communications Application For Review And Waiver Requests Designation As Incumbent Earth Station Eligible For C-Band Relocation Costs

August 10, 2020 – Cunningham Communications, Inc. has filed an Application For Review And Request For Waiver seeking review of the FCC International Bureau’s decisions declining to recognize Cunningham’s FCC Form 312 and register Cunningham’s receive-only earth station as an incumbent earth station operator eligible for reimbursement of C-Band relocation costs. Cunningham, founded in 1946, is a small, local, independently owned telephone, broadband, and cable television services provider in rural Kansas. In its application for review, Cunningham explains that it “filed FCC Form 312 to register its existing but unregistered receive-only earth station on May 31, 2018,” prior to the deadline to license or register fixed-satellite service earth stations. On February 12, 2020 the FCC notified Cunningham that payment had not been completed for the 2018 filing. It’s unclear why Cunningham was unable to pay the filing fee when it submitted its Form 312. Cunningham ultimately made the payment on July 13, 2020. Cunningham was not included on the FCC’s July 6, 2020, preliminary list of earth stations that may satisfy the criteria to be classified as incumbent earth stations for the purposes of receiving C-Band relocation reimbursements. Cunningham filed comments in response to the preliminary list, informing the FCC that it had not dismissed nor returned its Form 312. It also explained its problems with submitting the required payment. Despite this filing, Cunningham was not included in the FCC’s August 3, 2020, Public Notice announcing the updated list of earth stations in the C-Band classified as incumbent. Cunningham argues it meets the definition of an incumbent earth station as set forth in Section 25.138(c) of the FCC’s rules because it had a pending application for registration in the IBFS database on November 7, 2018. Additionally, to the extent necessary, Cunningham is seeking a waiver of the requirement for timely payment of the registration filing fee.

Verizon Challenges T-Mobile 600 MHz Leases

August 7, 2020 – Verizon has filed a petition for reconsideration of the Wireless Telecommunications Bureau’s acceptance of T-Mobile License LLC’s Spectrum Manager Lease arrangements with Channel 51 License Company LLC and LB License Co, LLC (Application File Nos. 0009021213 & 0009021220). Verizon argues the lease agreements “will exacerbate the extent to which T-Mobile exceeds the Commission’s 250 MHz screen for low- and mid-band spectrum in the relevant markets, including those where it already exceeds the screen by more than 100 MHz.” Verizon wants the FCC to reconsider each lease, subject them to a searching competitive analysis, and reject the agreements where it finds competitive harms or require T-Mobile to take action to mitigate those harms, including spectrum divestitures.

USDA Announces ReConnect Broadband Program Awards In Oklahoma Totaling $29 Million

August 6, 2020 – The U.S. Department of Agriculture has announced two ReConnect Pilot Program awards made through the CARES Act in Oklahoma totaling $29 million.

• Pioneer Telephone Cooperative of Oklahoma received a $24.2 million grant to deploy a fiber-to-the-premises network that will connect 4,480 people, 595 farms, 44 businesses, and two fire stations to high-speed broadband Internet in Blaine, Dewey, Ellis and Kingfisher counties. The funded service area covers 1,832 households and over 826.04 square miles.

• Cimarron Telephone Company of Oklahoma will receive a $5.4 million grant to deploy a fiber-to-the-premises network that will connect 746 people, 107 farms, and three businesses to high-speed broadband Internet in Pawnee and Osage counties. The funded service area covers 287 households and over 125.24 square miles.

USDA received 11 Round Two ReConnect Program applications that are eligible for the $100 million Congress allocated to the program through the CARES Act. USDA expects to announce more broadband awards made through the CARES Act in the coming weeks.

Mergers & Acquisitions: Cable One Purchases Ownership Stakes In Wisper Internet & NextLink

August 6, 2020 – Cable One, Inc. has disclosed equity investments in two fixed wireless Internet service providers – NextLink and Wisper Internet. Cable One, made the disclosure as part of its Form 10-Q report to the Securities and Exchange Commission on financial and operating results for the second quarter of 2020. According to the report, in May 2020, Cable One made a $27.2 million minority equity investment in AMG Technology Investment Group, LLC, a fixed wireless provider doing business as NextLink. The report also states that Cable One closed a minority equity investment in Wisper Internet for $25.3 million in July 2020.

FCC Releases Bidding Procedures For C-Band Spectrum Auction

August 6, 2020 – The Federal Communications Commission has released a Public Notice establishing the procedures to be used for Auction 107, also known as the C-Band spectrum auction. Bidding is set to begin on December 8, 2020. The FCC’s Public Notice contains the following important details:

Auction 107 will offer 5,684 new flexible-use overlay licenses for spectrum in the 3.7–3.98 GHz band –referred to as 3.7 GHz Service licenses.

The 280 megahertz of spectrum available in Auction 107 will be licensed on an unpaired basis in three blocks divided into 20-megahertz sub-blocks by partial economic area (PEA).

3.7 GHz Service licenses will be issued for 15-year, renewable license terms.

A licensee in the 3.7–3.98 GHz band may provide any services permitted under terrestrial fixed or mobile allocations.

The FCC Form 175 short-form application filing window opens on September 9, 2020, at 12:00 p.m. eastern time.
The short-form filing window closes on September 22, 2020, at 6:00 p.m. ET.

Upfront Payments are due via wire transfer on November 2, 2020, at 6:00 p.m. ET.

Auction 107 will have upfront payments for a generic block in a PEA based on $0.015 per MHz-pop for PEAs 1–50, $0.0030 per MHz-pop for PEAs 51–100, and $0.0015 per MHz-pop for all other PEAs, subject to a minimum of $500.

Indiana Cities File Class Action Lawsuit Against Netflix, Disney, Hulu, And Other Streaming Services For Unpaid Franchise Fees

August 5, 2020 – The Indiana cities of Fishers, Indianapolis, Evansville, And Valparaiso have filed a lawsuit in Indiana state court against streaming providers Netflix, Disney, Hulu, DirecTV, and Dish Network for unpaid franchise fees. It is a class action lawsuit, with the cities claiming the proposed class includes at least 600 Indiana governmental entities. The cities claim the streaming providers transmit their programming through facilities located at least in part in public rights-of-way within Indiana, including public rights-of-way located within the cities’ geographic boundaries, subjecting them to the Indiana Video Service Franchises Act. The cities argue Netflix and the other defendants are providers of video service throughout Indiana, but since 2006 have failed to comply with the Indiana Video Service Franchises Act by not applying for a franchise from the Indiana Utility Regulatory Commission and not paying franchise fees. As for relief, the cities “seek to require Defendants to acquire the necessary franchises, pay the required fees in the future, and compensate Plaintiffs and all other units of government for unpaid fees for past service.”

FCC Denies Requests For Waiver Of HUBB Filing Deadline

August 5, 2020 – The FCC’s Wireline Competition Bureau has denied two petitions requesting waiver of the March 1, 2019 deadline to upload and certify geocoded location information data to the High Cost Universal Broadband (HUBB) portal. First, the Bureau denied a joint waiver petition filed by ComSouth Corporation and Bloomingdale Telephone Company. In their joint petition, ComSouth and Bloomingdale explained they did not have new geocoded location data information to report to the HUBB for 2018 because they did not deploy broadband service to any new locations during that year. ComSouth and Bloomingdale claimed they were not aware of the requirements to certify that they had no locations to report for 2018, and alleged the missed deadline resulted in significant reductions in support. Second, the Bureau denied a waiver request by state Telephone Company. In its petition, State explained that it erroneously believed that its March 2018 HUBB filing was limited to locations newly deployed during 2017, and it did not report and certify the locations State had deployed broadband service to in prior years. Ultimately, the Bureau denied the requests after concluding the petitioners received adequate notice of their obligations to upload data to the HUBB through FCC orders and Universal Service Administrative Company communications to the petitioners.

FCC Updates Its Rules To Reflect The Address Of Its New Headquarters

August 5, 2020 – The Federal Communications Commission (FCC) has issued an Order amending the FCC’s rules to reflect the new address of the FCC’s headquarters, 45 L Street, NE, Washington, DC 20554.

Mergers & Acquisitions: TPG Subsidiary Radiate Holdings Purchasing En-Touch Systems

August 4, 2020 – The FCC’s Wireline Competition Bureau is seeking comment on a Section 214 application filed by ACME Communications, Inc., ETS Telephone Company, Inc., ETS Cablevision, Inc. (the ETS Licensees), and Radiate Holdings, L.P., requesting approval to transfer control of the ETS Licensees from ACME to Radiate. Comments are due on or before August 18, 2020, and reply comments are due August 25, 2020.

ACME is a Texas corporation and investment holding company that owns ETS Telephone and ETS Cablevision. ETS Telephone is a Texas-based provider of competitive local and long distance telephone services to residential and business customers in communities in the general Houston, Texas area. ETS Cablevision is a wholly-owned subsidiary of ETS Telephone that provides cable TV, VoIP, and domestic long distance services to customers in communities in the general Houston, Texas area. Both ETS Telephone and ETS Cablevision market their services under the d/b/a En-Touch Systems.

Radiate, a Delaware limited partnership, is a holding company that is majority owned and controlled by certain investment funds ultimately controlled by the principals of TPG Global, LLC. TPG describes itself as a leading global alternative asset firm with approximately $72 billion of assets under management. TPG also controls the RCN Telecom Services entities, Grande Communications Networks, LLC, and Wave Division Holdings, LLC, which, as of February 27, 2020, have over 990,000 customers and provide high-speed internet, cable services, digital TV, phone services, and fiber optic solutions.

President Trump Withdraws Reappointment Of FCC Commissioner Michael O’Rielly

August 3, 2020 – The White House has withdrawn the reappointment of Michael O’Rielly to be a member of the Federal Communications Commission for a term of five years from July 1, 2019. Commissioner O’Rielly’s reappointment was sent to the Senate on March 18, 2020. His current term as an FCC Commissioner expired at the end of June 2019, but he may continue to serve until the close of the next Congress. The White House decision to withdraw Commissioner O’Rielly’s reappointment comes less than a week after the FCC Commissioner gave a speech to the Media Institute in which he said demands for private actors to curate or publish speech in a certain way should be rejected. He further stated that the First Amendment’s protections apply to corporate entities, especially when they engage in editorial decision making. Senator Jim Inhofe (R-OK), Chairman of the Senate Armed Services Committee, reportedly was set to block Commissioner O’Rielly’s reappointment as a response to the recent FCC decision allowing Ligado Networks to deploy a nationwide mobile broadband network.

FCC Seeking Comment On Selection Of RSM US LLP To Serve As C-Band Relocation Coordinator

August 3, 2020 – The FCC’s Wireless Telecommunications Bureau is seeking comment on the selection of RSM US LLP to serve as the C-Band Relocation Coordinator to manage the overall 3.7 – 4.2 GHz transition and coordinate relocation actions among eligible Fixed Satellite Service (FSS) space station operators, incumbent FSS earth station operators, and new 3.7 GHz Service overlay licensees. Over two years ago, the FCC began the process of allocating the 3.7 – 4.0 GHz portion of the C-Band for mobile use. A total of 280 megahertz (3.7–3.98) will be auctioned by the FCC for flexible use. There will be a 20 megahertz guard band (3.98–4.0), and existing satellite operations will be repacked into the upper 200 megahertz of the band (4.0–4.2). The Relocation Coordinator will oversee this transition and coordinate all the moving parts. In the 3.7 GHz Report and Order, the FCC required that the Relocation Coordinator be able to demonstrate that it has the requisite expertise to perform the following duties: (1) coordinating the schedule for clearing the band; (2) performing engineering analysis, as necessary, to determine necessary earth station migration actions; (3) assigning obligations, as necessary, for earth station migrations and filtering; (4) coordinating with overlay licensees throughout the transition process; (5) assessing the completion of the transition in each PEA and determining overlay licensees’ ability to commence operations; and (6) mediating scheduling disputes. On July 31, 2020, eligible space station operators selected RSM US LLP (RSM) to serve as the Relocation Coordinator. Comment is sought on whether RSM satisfies the Relocation Coordinator criteria established by the FCC. Comments are due on or before August 18, 2020, and reply comments are due August 28, 2020.

C-Band Transition: FCC Seeking Comment On Clearinghouse Selected To Administer C-Band Relocation Payments

August 3, 2020 – The FCC’s Wireless Telecommunications Bureau is seeking comment on the sufficiency of the Relocation Payment Clearinghouse selected to handle all cost-related aspects of the 3.7 – 4.2 GHz C-Band transition. The FCC is reallocating 280 MHz of C-Band spectrum for flexible use, which will require transitioning existing services out of the lower portion and in to the upper portion of the band. In the 3.7 GHz Report and Order, the FCC directed a search committee to select a Clearinghouse that would oversee the transition and perform the following duties: (1) engage in strategic planning and adopting goals and metrics to evaluate its performance, (2) adopt internal controls for its operations, (3) use enterprise risk management practices, and (4) use best practices to protect against improper payments and to prevent fraud, waste, and abuse in its handling of funds. The search committee has selected CohnReznick and subcontractors Squire Patton Boggs (US) LLP, and Intellicom Technologies, Inc. (Intellicom), to serve as the Clearinghouse. Comment is sought on whether CohnReznick, Squire Patton Boggs, and Intellicom satisfy the criteria established by the FCC in the 3.7 GHz Report and Order. Comments are due on or before August 18, 2020, and reply comments are due August 28, 2020.

FCC Ready To Authorize $5.2 Million CAF II Auction Support For Viasat In Mississippi

August 3, 2020 – The FCC’s Wireline Competition Bureau has announced it is ready to authorize Connect America Fund Phase II auction support for one winning bid placed by Viasat Carrier Services, Inc. in Mississippi. To be authorized to receive the CAF II auction support, Viasat must submit an acceptable irrevocable stand-by letter of credit and Bankruptcy Code opinion letter from its legal counsel prior to 6:00 p.m. ET on Monday, August 17, 2020. The CAF II auction support for Viasat’s winning bid in Mississippi will total $5,206,700.80 over 10 years. Viasat must use the support to provide broadband service to 13,819 locations in 2,451 census blocks.

C-Band Transition: FCC International Bureau Releases List Of Incumbent FSS Earth Stations

August 3, 2020 – The FCC’s International Bureau has released the list of Fixed Satellite Service (FSS) earth stations in the contiguous United States that the Bureau has found satisfy the criteria to be classified as incumbent earth stations for purposes of the 3.7 – 4.2 GHz C-Band transition. The Bureau previously released a preliminary list of incumbent FSS earth stations, and sought comment on that list. Numerous parties requested minor corrections and provided notice of antennas that are no longer in use. Those changes have been made by the Bureau and are reflected in the list of incumbent earth stations. The Bureau also received more substantial requests and legal arguments, such as requests for new earth station registrations and renewal of expired registrations, which were rejected.

USDA Announces $13 Million ReConnect Broadband Program Award In Maryland

August 1, 2020 – The U.S. Department of Agriculture has announced that Easton Utilities Commission in rural Maryland has received a $13.1 million ReConnect Pilot Program award made through the CARES Act. Easton received the $13.1 million grant to deploy a fiber-to-the-premises network that will connect 8,607 people, 144 farms, 183 businesses, eight educational facilities, and one nursing home to high-speed broadband Internet in Talbot County. The funded service area includes 3,447 households and over 122.36 square miles. USDA received 11 Round Two ReConnect Program applications that are eligible for the $100 million Congress allocated to the program through the CARES Act. USDA expects to announce more broadband awards made through the CARES Act in the coming weeks.

USAC Files Universal Service Support Mechanisms Fund Size Projections For Fourth Quarter Of 2020

August 1, 2020 – The Universal Service Administrative Company has filed the Federal Universal Service Support Mechanisms Fund Size Projections for the Fourth Quarter of 2020. The filing shows the following total projected 4Q 2020 funding requirements for each support mechanism:

• High Cost Support Mechanism - $1.248 billion (The 3Q funding requirement was $1.205 billion)

• Low Income Support Mechanism - $244.08 million (The 3Q funding requirement was $206.66 million)

• Rural Health Care Support Mechanism - $150.51 million (The 3Q funding requirement was $150.96 million)

• E-Rate Schools and Libraries Support Mechanism - $553.08 million (The 3Q funding requirement was $554.76 million)

USAC projects $59.38 million in administrative costs for 4Q 2020, which breaks out to $33.48 million in direct costs for all four support mechanisms, and $25.90 million in joint and common costs which include costs associated with billing, collection, and disbursement of universal service funds. This is a slight decrease from last quarter, as administrative costs for 3Q 2020 were $60.24 million. 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.

July 2020

FCC Announces Updated Minimum Service Standards For Speed And Data Capacity For Lifeline Broadband Services

July 31, 2020 – The FCC’s Wireline Competition Bureau has announced the updated minimum service standards for speed and data capacity for fixed and mobile Lifeline broadband services. The standards will take effect on December 1, 2020.

Fixed Broadband Minimum Service Standards. Beginning December 1, 2020, the Lifeline minimum service standard for fixed broadband speed will be 25 Mbps downstream and 3 Mbps upstream. Beginning December 1, 2020, the Lifeline minimum service standard for fixed broadband data usage will be 1024 GB per month.

Mobile Broadband Minimum Service Standards. Absent FCC action, beginning December 1, 2020, the Lifeline minimum service standard for mobile broadband data capacity will increase to 11.75 GB per month pursuant to the calculations set out in the 2016 Lifeline Order. FCC Chairman Ajit Pai, however, has circulated an order that would revise the way the FCC calculates annual updates to the minimum service standard for Lifeline mobile broadband service, which if adopted, would result in a lower mobile broadband data capacity standard. The Lifeline minimum service standard for mobile broadband speed remains 3G mobile technology.

Mobile Voice Telephony Minimum Service Standard. On December 1, 2020, the Lifeline minimum service standard for mobile voice service will remain unchanged, at 1,000 minutes per month.

Lifeline Annual Budget. The budget for federal universal service support for the Lifeline program for calendar year 2021 will be $2,428,227,364.

FCC Authorizes Amazon’s Kuiper To Deploy Satellite Broadband Network

July 30, 2020 – The Federal Communications Commission has granted, with conditions, Kuiper Systems LLC’s application to deploy a non-geostationary satellite orbit (NGSO) system to provide service using certain Fixed-Satellite Service (FSS) and Mobile-Satellite Service (MSS) Ka-band frequencies. In its July 2019 application, Kuiper, a wholly-owned subsidiary of Amazon.com Services, Inc., proposed to deliver high-speed, low-latency broadband services by operating 3,236 satellites in 98 orbital planes at altitudes of 590 km, 610 km, and 630 km. Kuiper further explained that the Amazon Kuiper system will include gateway earth stations, customer terminals, software-defined network and satellite control functionality, satellite operations centers, telemetry, tracking, and command earth stations, and other technologies. It will be capable of providing continuous coverage to customers within the contiguous United States, Hawaii, U.S. territories, and other world regions, and hopes to “deliver satellite broadband communications services to tens of millions of unserved and underserved consumers and businesses in the United States and around the globe.” The FCC concluded that Kuiper’s request will advance the public interest by authorizing a system designed to increase the availability of high-speed broadband service to consumers, government, and businesses. Accordingly, Kuiper has been granted authority to deploy and operate its NGSO FSS system in the 17.7-17.8 GHz, 17.8-18.6 GHz, 18.8-19.3 GHz, 19.3-19.7 GHz, 19.7-20.2 GHz, 27.5-28.6 GHz, 28.6-29.1 GHz, 29.1-29.5 GHz, and 29.5-30.0 GHz bands, and to provide MSS, in addition to FSS, in the 19.7-20.2 GHz and 29.5-30.0 GHz bands, and to use MSS feeder links in the 19.4-19.6 GHz and 29.1-29.5 GHz bands, subject to certain FCC conditions. Following the FCC authorization, Amazon announced it will invest more than $10 billion in Project Kuiper.

FCC Releases Final Cost Category Schedule For C-Band Relocation Expenses & Announces Process For Electing Lump Sum Payments – Lump Sum Elections Due August 31st

July 30, 2020 – The FCC’s Wireless Telecommunications Bureau has released the 3.7 GHz Transition Final Cost Category Schedule of Potential Expenses and Estimated Costs. This Cost Catalog contains the categories and estimates of expenses that incumbent Fixed Satellite Service (FSS) earth station operators may incur as they clear FSS operations from the 3.7 – 4.0 GHz portion of the C-Band to make the lower 280 megahertz available for new flexible use licenses. In the 3.7 GHz Report and Order, the FCC required that new 3.7 GHz Service licensees will reimburse the reasonable relocation costs of eligible FSS space station operators, incumbent FSS earth station operators, and incumbent Fixed Service licensees to transition out of the band. Incumbent FSS earth station operators may accept either: (1) reimbursement for their actual reasonable relocation costs to maintain satellite reception; or (2) a lump sum reimbursement “based on the average, estimated costs of relocating all of their incumbent earth stations” to the upper 200 megahertz of the C-Band. Accordingly, the Cost Catalog also sets forth the amounts that will be available to incumbent FSS earth station operators electing to receive a lump sum payment in place of their actual reasonable relocation costs. It also contains details on the process for electing to receive lump sum payments. Lump sum elections are due August 31, 2020.

911 Reliability Certifications Due October 15

July 30, 2020 – The FCC’s Public Safety and Homeland Security Bureau has announced that the FCC’s 911 Reliability Certification System is now open for filing annual reliability certifications, which are due on October 15, 2020. Covered 911 service providers should file certifications using the Commission’s online portal at https://apps2.fcc.gov/rcs911/. Pursuant to the FCC’s rules, covered 911 service providers are required to take reasonable measures to provide reliable 911 service with respect to: (i) 911 circuit diversity; (ii) central office backup power; and (iii) diverse network monitoring. Covered 911 service providers must certify as to their compliance with each of these three requirements or to their implementation of reasonable alternative measures. Detailed instructions on completing the annual reliability certifications are available at https://apps2.fcc.gov/rcs911/911RCS_FAQ.html.

FCC Draft Order Would Ensure Predictable Increases In Minimum Standard For Lifeline Mobile Broadband Service

July 30, 2020 – Federal Communications Commission Chairman Ajit Pai has circulated an order that would improve the way the FCC calculates annual updates to the minimum service standard for mobile broadband service provided through the universal service Lifeline program. In 2016, the began requiring Lifeline providers that offer mobile broadband service to meet certain minimum service standards, which are updated annually based on a formula. However, that formula has caused dramatic year-over-year swings in the mobile broadband data capacity standard which the FCC believes may risk making Lifeline service unaffordable for many current subscribers. The Chairman’s draft order “would revise the FCC’s existing methodology to ensure predictable, reasonable yearly updates to the standard so that Lifeline subscribers can receive robust yet affordable mobile broadband service.” Specifically, the changes are expected to: (1) ensure greater predictability in the standard from year-to-year for Lifeline subscribers and providers; (2) better account for the needs of smaller-than-average households; and (3) enable the Wireline Competition Bureau to rely on the latest data sources in making its calculations.

FCC Final Agenda For August 6th Open Meeting

July 30, 2020 – The Federal Communications Commission has released the following final agenda for its August 6, 2020, open meeting:

C-Band Auction Procedures – The Commission will consider a Public Notice that will adopt procedures for the auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (Auction 107) for 5G, the Internet of Things, and other advanced wireless services. (AU Docket No. 20-25)

Radio Duplication Rule; Modernization of Media Regulation Initiative – The Commission will consider a Report and Order that would address the radio duplication rule. (MB Docket No. 17-105); (MB Docket No. 19-310)

Common Antenna Siting Rules; Modernization of Media Regulation Initiative – The Commission will consider a Report and Order that would eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. (MB Docket No. 19-282); (MB Docket No. 17-105)

Telecommunications Relay Service – The Commission will consider a Report and Order to repeal certain TRS rules that are no longer needed in light of changes in technology and voice communications services. (CG Docket No. 03-123)

Rates for Interstate Inmate Calling Services – The Commission will consider a Report and Order on Remand and a Fourth Further Notice of Proposed Rulemaking that would respond to remands by the U.S. Court of Appeals for the District of Columbia Circuit and propose to comprehensively reform rates and charges for the inmate calling services within the Commission’s jurisdiction. (WC Docket No. 12-375)

The FCC’s open meeting on Thursday, August 6, 2020, is scheduled to commence at 10:30 a.m. The meeting will be in a wholly electronic format and will be open to the public on the Internet via live feed from the FCC’s web page at www.fcc.gov/live and on the FCC’s YouTube channel.

Verizon Launches 4G LTE Fixed Wireless Home Internet service

July 30, 2020 – Verizon has announced it has launched a 4G LTE Home Internet access service in Savannah, GA, Springfield, MO, and Tri Cities, TN/VA/KY.  The fixed wireless service will expand home Internet access to Verizon customers outside Verizon’s Fios and 5G Home footprints. According to Verizon’s press release, subscribers of the 4G LTE Home Internet service will get unlimited data, and experience download speeds of 25 Mbps with peak Internet speeds of 50 Mbps. The service will cost $40 a month for Verizon wireless customers, and $60 a month for non-Verizon customers. It will utilize Verizon’s LTE spectrum - 700MHz, 850MHz, PCS and AWS. Subscribers will be able to setup the service themselves by installing their own routers.

Price Cap Carriers May Elect Seventh Year Of CAF II Model-Based Support; Election Letters Due By September 28, 2020

July 29, 2020 – The FCC’s Wireline Competition Bureau has announced the process by which all price cap carriers currently receiving Connect America Phase II model-based support may elect to receive an additional, seventh year of such support. The seventh year of support will cover the full calendar year of 2021 – from January 2021 through December 2021. Price cap carriers currently receiving CAF II model-based support have until September 28, 2020 to indicate, on a state-by-state basis, whether they will continue to receive model-based support for 2021. Carriers must submit their election letters to the Wireline Competition Bureau at ConnectAmerica@fcc.gov. Election letters also must be filed in WC Docket No. 10-90 using the Electronic Comment Filing System (ECFS) to ensure the information is publicly available to all potential Rural Digital Opportunity Fund Phase I Auction (Auction 904) bidders.

FCC Commissioner Michael O’Rielly Defends First Amendment Rights In Speech To Media Institute

July 29, 2020 – FCC Commissioner Michael O’Rielly gave a speech to the Media Institute, in which, among other things, he reaffirmed his support for the First Amendment:

The First Amendment protects us from limits on speech imposed by the government—not private actors—and we should all reject demands, in the name of the First Amendment, for private actors to curate or publish speech in a certain way. Like it or not, the First Amendment’s protections apply to corporate entities, especially when they engage in editorial decision making. I shudder to think of a day in which the Fairness Doctrine could be reincarnated for the Internet, especially at the ironic behest of so-called free speech “defenders.” It is time to stop allowing purveyors of First Amendment gibberish to claim they support more speech, when their actions make clear that they would actually curtail it through government action. These individuals demean and denigrate the values of our Constitution and must be held accountable for their doublespeak and dishonesty. This institution and its members have long been unwavering in defending the First Amendment, and it is the duty of each of us to continue to uphold this precious protection.

NTIA Files Petition Requesting FCC Initiate Rulemaking To Clarify Section 230

July 27, 2020 – The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has filed a petition with the FCC requesting the FCC initiate a rulemaking to clarify the provisions of Section 230 of the Communications Act. NTIA’s petition was filed pursuant to a May 28, 2020 Executive Order issued by President Trump on “Preventing Online Censorship,” which is aimed at addressing what he perceives is selective censorship carried out by online platforms such as Twitter, Facebook, and YouTube. In its petition for rulemaking, NTIA asks the FCC to promulgate rules addressing the following points:

1. Clarify the relationship between subsections (c)(1) and (c)(2), lest they be read and applied in a manner that renders (c)(2) superfluous as some courts appear to be doing.

2. Specify that Section 230(c)(1) has no application to any interactive computer service’s decision, agreement, or action to restrict access to or availability of material provided by another information content provider or to bar any information content provider from using an interactive computer service.

3. Provide clearer guidance to courts, platforms, and users, on what content falls within (c)(2) immunity, particularly section 230(c)(2)’s “otherwise objectionable” language and its requirement that all removals be done in “good faith.”

4. Specify that “responsible, in whole or in part, for the creation or development of information” in the definition of “information content provider,” 47 U.S.C. § 230(f)(3), includes editorial decisions that modify or alter content, including but not limited to substantively contributing to, commenting upon, editorializing about, or presenting with a discernible viewpoint content provided by another information content provider.

5. Mandate disclosure for internet transparency similar to that required of other internet companies, such as broadband service providers.

FCC Seeking Comment On Private-Led Efforts To Trace Back The Source Of Suspected Unlawful Robocalls

July 27, 2020 – The FCC’s Enforcement Bureau is seeking comment from voice service providers and the USTelecom – the Broadband Association Industry Traceback Group on private-led efforts to trace back the source of suspected unlawful robocalls. The comments will be used by the Enforcement Bureau to issue a report on the status of such private-led efforts which is required annually by the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). The reporting period for the Enforcement Bureau’s request is from July 27, 2020 to October 31, 2020. Submissions are due by November 15, 2020.

USDA Announces $3.2 Million ReConnect Broadband Program Award In North Carolina

July 27, 2020 – The U.S. Department of Agriculture has announced a $3.2 million ReConnect Pilot Program award made through the CARES Act in North Carolina. French Broad Electric Membership Corporation received a grant of $3,231,412 to deploy a fiber-to-the-premises network to connect 4,056 people, 189 farms, 64 businesses, and two fire stations to high-speed broadband Internet in southwest Madison County in western North Carolina. The funded service area includes 1,740 households and over 133.03 square miles. USDA received 11 Round Two ReConnect Program applications that are eligible for the $100 million Congress allocated to the program through the CARES Act. USDA expects to announce more broadband awards made through the CARES Act in the coming weeks.

FCC Designates USTelecom Traceback Group To Lead Robocall Tracing Efforts

July 27, 2020 – The FCC’s Enforcement Bureau has selected USTelecom – the Broadband Association’s Industry Traceback Group to be the single consortium registered to conduct private-led efforts to trace unlawful robocalls back to their origination. USTelecom’s Industry Traceback Group is a collaborative group comprised of voice service providers across wireline, wireless, VoIP, and cable services, which has worked with FCC staff over the last few years to develop an effective robocall traceback process to assist the FCC’s enforcement efforts. The Industry Traceback Group coordinates with federal and state law enforcement agencies to identify the source of illegal robocalls. The group operates under Section 222(d)(2) of the Communications Act which permits telecommunications carriers to disclose or permit access to Customer Proprietary Network Information if suspected fraud, abuse or unlawful use of services exist.

FCC Fines HobbyKing $2 Million For Marketing Drone Transmitters Which Did Not Comply With FCC Licensing Rules

July 23, 2020 – The FCC has issued a Forfeiture Order that levies a fine of $2,861,128 against ABC Fulfillment Services LLC and Indubitably, Inc., d/b/a HobbyKing for persistently violating the FCC’s rules intended to ensure that radio frequency devices are properly authorized, and for failing to respond to FCC’s orders in the investigation of the company’s practices. According to the order, HobbyKing advertised and sold on its website to U.S. consumers dozens of models of audio/video transmitters for use with unmanned aircraft systems (drones) without regard to whether those AV transmitters were compliant with the Communications Act or the FCC’s rules. Several of these models were capable of operating in spectrum bands used by, and causing interference to, Federal government systems, and some of the device models operated at power levels above those permitted by the FCC’s rules. HobbyKing must pay the fine within 30 calendar days.

FCC Denies Two Requests For Waiver Of Auction 105 Upfront Payment Deadline; MEI & Avangrid Fail To Qualify For 3.5 GHz CBRS Auction

July 23, 2020 – The FCC’s Auctions Division of the Office of Economics and Analytics has denied requests by Avangrid Networks, Inc. and MEI Telecom Inc. that ask the FCC to treat as timely an upfront payment for Auction 105 that was submitted after the deadline for doing so. In a March 25, 2020 Public Notice, the FCC’s Office of Economics and Analytics and Wireless Telecommunications Bureau established a deadline of 6:00 p.m. ET on June 19, 2020, for submission of upfront payments for applicants seeking to participate in Auction 105. Avangrid timely filed a short-form application to participate in Auction 105. However, Avangrid made its upfront payment two business days after the deadline, on June 23rd. In its request for waiver, “Avangrid claim[ed] it exercised reasonable due diligence in preparing its upfront payment and promptly undertook action when it discovered multiple internal system problems that prevented it from issuing a purchase order necessary to effectuate its wire transfer payment.” Avangrid was able to send its upfront payment to the FCC on Tuesday, June 23, 2020. MEI, in its waiver request, claimed it submitted its upfront payment and received from its bank a “Wire Approval Confirmation” dated June 19, 2020, the day of the Auction 105 upfront payment deadline. However, MEI further explained that “on the following business day, MEI received notice that because of a bank error beyond MEI’s reasonable control, the payment had, in fact, not gone through.” MEI’s payment was received by the FCC on the following business day, June 22nd. Both requests for waiver were denied, and both Avangrid and MEI failed to qualify to participate in Auction 105.

FCC Releases List Of Counties Where Conditional Forbearance From Obligation To Offer Lifeline-Supported Voice Service Applies

July 20, 2020 – The FCC’s Wireline Competition Bureau has announced the counties in which conditional forbearance from the obligation to offer Lifeline-supported voice service applies. The forbearance applies only to the Lifeline voice obligation for eligible telecommunications carriers (ETCs) that receive both high-cost and Lifeline support. It does not apply to Lifeline-only ETCs. In a 2016 Lifeline Order, for ETCs that receive high-cost and Lifeline support, the FCC granted forbearance from the obligation to offer and advertise Lifeline voice service in counties where the following conditions are met: (1) 51% of Lifeline subscribers in the county are obtaining broadband Internet access service; (2) there are at least three other providers of Lifeline broadband Internet access service that each serve at least 5% of the Lifeline broadband subscribers in that county; and (3) the ETC does not actually receive federal high-cost universal service support. The FCC has included the list of applicable U.S. counties as an Appendix to its Public Notice. For ETCs that are receiving high-cost support in those counties, the forbearance applies only in areas within the county where the ETC does not receive high-cost support.

FCC Approves Broadband Mapping Report And Order

July 17, 2020 – The Federal Communications Commission has approved a Second Report And Order and Third Further Notice Of Proposed Rulemaking, both of which are intended to improve broadband coverage maps. In the Second Report And Order, the FCC imposes the following requirements on broadband providers: specific broadband coverage reporting and disclosure obligations; filing and certification requirements; measures for determining the accuracy of broadband availability data, including audits and collecting crowdsourced data; and standards for collecting and incorporating verified data for use in broadband coverage maps from governmental entities and certain third parties. The Second Report And Order also establishes the Broadband Serviceable Location Fabric, which is “a common dataset of all locations in the United States where fixed broadband Internet access service can be installed.” In the Third Further Notice, the FCC seeks comment on several issues relating to implementing the challenge and verification processes for broadband coverage data, implementing the Broadband Serviceable Location Fabric, and certain other specific requirements of the Broadband DATA Act. Comments are due 20 days after the Third Further Notice is published in the Federal Register. Reply comments are due 30 days after publication.

FCC Authorizes CAF II Auction Support For 483 Winning Bids

July 17, 2020 – The FCC’s Wireline Competition Bureau has authorized Connect America Fund (CAF) Phase II Auction support for 483 winning bids. Funding authorization was granted after reviewing the winning bidders’ long-form application information, including the letters of credit and Bankruptcy Code opinion letters. A list of the winning bids is included as Attachment A to the Bureau’s Public Notice. The Universal Service Administrative Company (USAC) is directed and authorized to obligate and disburse Universal Service Fund support. USAC will make 120 monthly payments, which will begin at the end of July 2020.

FCC Issues Declaratory Ruling & Second FNPRM Related To Secure And Trusted Communications Networks Act of 2019

July 17, 2020 – The FCC has issued a Declaratory Ruling and a Second Further Notice of Proposed Rulemaking which integrate provisions of the recently enacted Secure and Trusted Communications Networks Act of 2019 into the FCC’s existing supply chain national security rulemaking proceeding. In the Declaratory Ruling, the FCC concludes that in its 2019 Supply Chain Order, it fulfilled its obligation pursuant to Section 3 of the Secure Networks Act to prohibit the use of funds made available through a Federal subsidy program administered by the FCC to purchase, rent, lease, or otherwise obtain or maintain any covered communications equipment or services from certain companies. In the Second FNPRM, the FCC seeks comment on proposals to implement further Congressional direction in the Secure Networks Act. More specifically, the FCC seeks comment on Sections 2, 3, 5, and 7 of the Secure Networks Act, including on how these provisions interact with the FCC’s ongoing efforts to secure the communications supply chain. As required by Section 2, the FCC proposes several processes by which to publish a list of covered communications equipment and services. Consistent with Sections 3, 5, and 7 of the Secure Networks Act, the FCC proposes to:

(1) ban the use of federal subsidies for any equipment or services on the new list of covered communications equipment and services;

(2) require that all providers of advanced communications service report whether they use any covered communications equipment and services; and

(3) establish regulations to prevent waste, fraud, and abuse in the proposed reimbursement program to remove, replace, and dispose of insecure equipment.

Comments in response to the Second FNPRM are due on or before 21 days after the date the item is published in the Federal Register. Reply comments are due 35 days after publication.

C-Band Auction Item Leads FCC August Open Meeting Tentative Agenda

July 16, 2020 – FCC Chairman Ajit Pai has released the tentative agenda for the FCC’s August 6, 2020 open meeting. It contains the following items:

C-band Auction Procedures – The Commission will consider a Public Notice that would adopt procedures for the auction of new flexible-use overlay licenses in the 3.7–3.98 GHz band (Auction 107) for 5G, the Internet of Things, and other advanced wireless services. (AU Docket No. 20-25)

Radio Duplication Rules – The Commission will consider a Report and Order that would eliminate the radio duplication rule with regard to AM stations and retain the rule for FM stations. (MB Docket Nos. 19-310. 17-105)

Common Antenna Siting Rules – The Commission will consider a Report and Order that would eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. (MB Docket Nos. 19-282, 17-105)

Telecommunications Relay Service – The Commission will consider a Report and Order to repeal certain TRS rules that are no longer needed in light of changes in technology and voice communications services. (CG Docket No. 03-123)

Inmate Calling Services – The Commission will consider a Report and Order on Remand and a Fourth Further Notice of Proposed Rulemaking that would respond to remands by the U.S. Court of Appeals for the District of Columbia Circuit and propose to comprehensively reform rates and charges for the inmate calling services within the Commission’s jurisdiction.  (WC Docket No. 12-375)

FCC Designates 988 As National Suicide Prevention Lifeline

July 16, 2020 – The Federal Communications Commission has approved a Report And Order designating “988” as the three digit number for reaching the National Suicide Prevention Lifeline. The new FCC rules require all telecommunications carriers, interconnected VoIP providers, and one-way VoIP providers to make any network changes necessary to direct all 988 calls to the existing National Suicide Prevention Lifeline by July 16, 2022. The National Suicide Prevention Lifeline, which can be reached by dialing 1-800-273-8255 / 1-800-273 (TALK), was established by the Federal government to help Americans in crisis access suicide prevention and mental health support services 24 hours a day, 7 days a week.

USDA Announces $16 Million ReConnect Broadband Program Award In Mississippi

July 14, 2020 – The U.S. Department of Agriculture has announced a $16 million ReConnect Pilot Program award made through the CARES Act in Mississippi. In rural Mississippi, Tallahatchie Valley Electric Power Association received a $16 million grant to deploy a fiber-to-the-premises network to connect 2,082 people, 331 farms, 32 businesses, a post office, and six fire stations to high-speed broadband Internet in Yalobusha, Tallahatchie, Panola, Grenada, and Quitman counties. The funded service area includes 878 households and over 474.74 square miles. USDA received 11 Round Two ReConnect Program applications that are eligible for the $100 million Congress allocated to the program through the CARES Act. USDA expects to announce more broadband awards made through the CARES Act in the coming weeks.

FCC July 16th Open Meeting Final Agenda

July 9, 2020 – The Federal Communications Commission will hold an open meeting on Thursday, July 16, 2020, at 10:30 a.m. It will be conducted online, and will be available for viewing by the public at www.fcc.gov/live and on the FCC’s YouTube channel. The final agenda for the open meeting contains the following items:

• Designating 988 for the National Suicide Prevention Lifeline – The Commission will consider a Report and Order that would designate 988 as the 3-digit number for the National Suicide Prevention Lifeline to aid rapid access to suicide prevention and mental health support services. (WC Docket No. 18-336)

• Call Blocking Rules – The Commission will consider a Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking that would continue the Commission’s work to combat unwanted and illegal calls and implement portions of the TRACED Act. (CG Docket No. 17-59)

• Secure Networks Act Implementation – The Commission will consider a Declaratory Ruling and Second Further Notice of Proposed Rulemaking that would integrate provisions of the recently enacted Secure and Trusted Communications Networks Act of 2019 into its existing supply chain rulemaking proceeding. (WC Docket No. 18-89)

• Wireless E911 Location Accuracy Requirements – The Commission will consider a Sixth Report and Order and Order on Reconsideration that would further its effort to improve vertical (or Z-Axis) location accuracy for wireless 911 calls, which will help first responders quickly locate people calling for help from multi-story buildings. (PS Docket No. 07-114)

• Modernizing Priority Services Rules – The Commission will consider a Notice of Proposed Rulemaking that would streamline and update its rules to ensure that priority service programs operate effectively for emergency workers as technology evolves. (PS Docket No. 20-187)

• Leased Commercial Access – The Commission will consider a Second Report that would modernize the leased access rate formula by adopting a tier-based calculation. (MB Docket Nos. 07-42, 17-105)

• Improving Broadband Data and Maps – The Commission will consider a Second Report and Order and Third Further Notice of Proposed Rulemaking that would establish requirements to ensure that the Commission collects accurate and granular data on the availability of broadband service through the Digital Opportunity Data Collection, and would seek comment on additional measures to implement the requirements of the Broadband DATA Act. (WC Docket No. 19-195)

Federal Court Rejects Challenge To Maine ISP Privacy Law

July 7, 2020 – The U.S. District Court for the District of Maine has rejected a challenge to the state of Maine’s consumer privacy law. In June 2019, Maine enacted L.D. 946, an Act to Protect the Privacy of Online Customer Information, which among other things, prohibits Maine broadband providers “from using, disclosing, selling or permitting access to customer’s personal information unless the customer expressly consents to that use, disclosure, sale or access, subject to certain exceptions.” The challenge was filed by ACA Connects – America’s Communications Association, CTIA – The Wireless Association, NCTA – The Internet & Television Association, and U.S. Telecom – The Broadband Association, trade associations whose members include ISPs in Maine. The Court’s order ruled on competing motions for judgment on the pleadings. The Plaintiff ISPs were seeking declaratory and injunctive relief declaring the Maine privacy statute law unconstitutional on the grounds that it violates the First and Fourteenth Amendments, is unconstitutionally void for vagueness, and is preempted by federal law. The Court rejected these arguments, concluding first that the Maine law is not preempted by Congress’ Congressional Review Act resolution overturning the FCC’s 2016 ISP privacy order or the FCC’s 2018 Restoring Internet Freedom Order. After analyzing Maine’s Privacy Statute under intermediate scrutiny, the Court determined the Plaintiffs have not shown that Maine’s Privacy Statute is a facially unconstitutional violation of the First Amendment. Finally, the Court concluded the Plaintiffs failed to demonstrate the Maine Privacy Statute is unconstitutionally vague.

FCC Permanently Closes Filing Window For Hand-Carried Documents

July 7, 2020 – Effective July 7, 2020, the Federal Communications Commission has permanently closed the filing window for hand-carried documents at its 12th Street SW location. The FCC has announced a new filing location for hand-carried paper documents: Federal Communications Commission, 9050 Junction Drive, Annapolis Junction, MD 20701. Additionally, all documents, packages and equipment sent to FCC Headquarters via UPS, FedEx, Freight, or any overnight commercial mail service must also be sent to the Annapolis Junction address. However, mail sent through the United States Postal Service, including USPS First Class Mail, Express Mail, and Priority Mail should continue to be addressed to the location at 12th Street SW, Washington, DC 20554. These changes are being caused by the FCC’s relocation to a new headquarters building later this year.

FCC Releases Preliminary List Of C-Band Incumbent Earth Stations That May Be Eligible For Relocation Reimbursements

July 6, 2020 – The FCC’s International Bureau has released a preliminary list of Fixed Satellite Service (FSS) earth stations in the 3.7 – 4.2 GHz Band (C-Band) in the contiguous United States that may satisfy the criteria to be classified as incumbent earth stations for purposes of the C-Band transition. These incumbent earth stations may be reimbursed for relocating after the C-Band auction. In the March 2020 3.7 GHz Band Report and Order, the FCC “established that new 3.7 GHz Service licensees will reimburse the reasonable relocation costs of eligible incumbents, including incumbent FSS earth station operators, to transition to the upper 200 megahertz of the band.” To be eligible for a relocation reimbursement, an FSS incumbent earth station must meet the following qualifications:

1. Operational as of April 18, 2018 filing freeze and remain operational; and registered (receive-only) or licensed (transmit/receive) in the 3700 – 4200 MHz band.

2. If unregistered or unlicensed before April 18, 2018, registration or license applications must have been filed by November 7, 2018.

3. If registered or licensed before April 18, 2018, the registrant or licensee must have: (i) certified the accuracy of the registration/license information in the International Bureau Filing System (IBFS) by May 28, 2019; (ii) filed a modification/update to the registration or license in IBFS during the April 19, 2018 – November 7, 2018 filing window; or (iii) filed a timely renewal application for the existing registration or license by May 28, 2019.

The International Bureau has reviewed all earth stations with active or pending licenses or registration using the above criteria to initially determine those eligible for reimbursement. The Bureau has attached a detailed list to the Public Notice showing earth stations that may satisfy the incumbent earth station criteria. Interested parties may file comments in response to the list on or before July 16, 2020. Comments must reference IB Docket No. 20-205, and may be filed using the FCC’s Electronic Comment Filing System (ECFS).

Supreme Court Invalidates TCPA’s Government Debt Exception

July 6, 2020 – The U.S. Supreme Court has issued a decision in Barr v. American Association of Political Consultants Inc., which invalidates the U.S. government debt exception to the Telephone Consumer Protection Act of 1991 (TCPA). The case presented two questions about the TCPA to the Court: Does the provision of the TCPA exempting government debt collection calls from the ban on automated calls violate the First Amendment? If so, is that provision severable from the rest of the Act? The Court determined that the TCPA’s robocall restriction, with the government-debt exception, is content based because it favors speech made for the purpose of collecting government debt over political and other speech. The Court struck down the relevant portion of the TCPA, Section 227(b)(1)(A)(iii), concluding it did not survive strict scrutiny. The Court then determined the section is severable from the rest of the statute.

Mergers & Acquisitions: Great Plains Communications Purchasing Miles Enterprises’ Indiana Communications Providers

July 6, 2020 – The FCC’s Wireline Competition Bureau seeking comment on a Section 214 application filed by Chad Miles and Great Plains Communications LLC (GP Communications) requesting consent to transfer control of Miles Enterprises, Inc. and its regulated subsidiaries, Miles Communications, Inc., Sunman Telecommunications Corporation, and Sunman Telecommunications Corporation Long Distance from Chad Miles to GP Communications. Comments are due on or before July 20, 2020, and reply comments are due July 27, 2020. Sunman Telecommunications serves as an incumbent local exchange carrier in southeast Indiana. Miles Communications provides facilities-based competitive LEC services in southeast Indiana. Sunman Telecommunications LD provides competitive resold long-distance services in Indiana. Together, Sunman Telecommunications and Miles Communications serve 10 counties in southeastern Indiana with their nearly 700-mile fiber network. GP Communications and its wholly owned subsidiaries, Great Plains Broadband LLC and Great Plains Communications Long Distance LLC, provide residential, business, and enterprise telecommunications, cable television, broadband, and other services in Nebraska and in a few areas of Colorado, Kansas, and South Dakota. GP Communications is wholly owned by Great Plains Communications Holdings LLC (GPC Holdings), which is 89.5% owned by Grain Communications Opportunity Fund II, L.P. (GCO Fund II), a Delaware limited partnership. According to the applicants, the transaction will not result in any loss or impairment of service for any of Miles Enterprises’ customers, and will have no adverse effects upon competition in Indiana or the rest of the U.S.

FCC Announces Compliance Date For Reassigned Numbers Database Record Maintenance Rules

July 2, 2020 – The FCC has announced the compliance dates for the new reassigned numbers database record maintenance rules. In December 2018, the FCC established the reassigned numbers database to “allow callers to determine whether a telephone number has been permanently disconnected after a date certain and therefore is no longer assigned to the party the caller wants to reach.” The database will contain reassigned number information from each provider that obtains North American Numbering Plan U.S. geographic numbers and toll free numbers. There are two separate compliance dates for the record maintenance rules:

July 27, 2020 – voice service providers must maintain records of the most recent date each number was permanently disconnected and must age telephone numbers for at least 45 days after disconnection and before reassignment (47 C.F.R. §§ 52.15(f)(1)(ii) and (f)(8), § 52.103(d), and § 64.1200(l)(1)).

January 27, 2021 – small business voice service providers must comply with the record maintenance rule. These are providers with 100,000 or fewer domestic retail subscriber lines as reported on their most recent FCC Forms 477, aggregated over all the providers’ affiliates.

The reassigned numbers database itself has not yet been created. The FCC recently sought comment on the Technical Requirements Document for the database which was approved by the North American Numbering Council. The FCC will announce the compliance date for the new rule requiring voice service providers to send information to the reassigned numbers database once the database is established (47 C.F.R. § 64.1200(l)(2)).

DISH Network Completes Purchase Of Boost Mobile

July 1, 2020 – DISH Network Corporation has announced that it has completed its $1.4 billion acquisition of Boost Mobile. It marks DISH’s official entrance into the retail mobile wireless services market. Boost Mobile was previously a part of Sprint. But, as part of a settlement allowing T-Mobile and Sprint to merge, the carriers were required to divest prepaid wireless business assets to DISH. The over nine million Boost Mobile subscribers will have access to the new T-Mobile network through a mobile virtual network operator arrangement provided to DISH.

FCC Announces 271 Applicants Qualified To Bid In 3.5 GHz Band CBRS Auction

July 1, 2020 – The FCC’s Wireless Telecommunications Bureau has announced that 271 applicants are qualified to bid in Auction 105, which will offer 22,631 Priority Access Licenses (PALs) in the 3550-3650 MHz portion of the 3.5 GHz band. A total of 77 applicants failed to qualify. Auction 105 is set to begin on July 23, 2020. The Wireless Bureau’s Public Notice addresses the continuing obligations for all Auction 105 applicants, and sets forth bidding procedures and other important information. Attachment A lists the qualified bidders, while Attachment B lists those that applied but are not qualified to bid.

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