Category Archives: Business & Strategic Planning

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July FCC Meeting Recap: Wireless Microphones Order on Recon and Further Notice: A Mixed Bag for Manufacturers and Users

On July 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) revisited the regulatory framework applicable to wireless microphones in several important ways.  The Order on Reconsideration addressed petitions for reconsideration pertaining to licensed and unlicensed wireless microphone operations under the 2015 Wireless Microphones Order and TV Bands Part 15 Order.  The 2015 Wireless … Continue Reading

FCC (Again) Takes to Bully Pulpit to Urge Network Reliability “Best Practices” to Combat Service Outages

On July 12, 2017, the Public Safety and Homeland Security Bureau (“Bureau”) of the Federal Communications Commission (“FCC”) issued a Public Notice encouraging communications service providers to implement certain “best practices” to avoid major service disruptions.  The Bureau’s recommendations come on the heels of recent major service outages caused by minor changes to service providers’ … Continue Reading

International Bureau Reminds Filers – Section 43.62 International Traffic and Revenue Reporting Requirement Temporarily Waived

As we reported in an earlier blog post, on May 1, 2017, the Federal Communications Commission’s (Commission) International Bureau (Bureau) issued an Order temporarily waiving the annual Section 43.62 International Traffic and Revenue Reporting (the Traffic and Revenue Report) requirement.  The Traffic and Revenue Report filing, normally due by July 31 each year, is temporarily … Continue Reading

June 2017 FCC Meeting Recap: FCC Grants OneWeb’s U.S. Market-Access Petition for its Ka/Ku-Band NGSO System Subject to Conditions

On June 22, 2017, the Federal Communications Commission (“FCC” or “Commission”) conditionally granted OneWeb’s proposed 720 Non-Geostationary Satellite Orbit (“NGSO”) constellation access to the U.S. market in select frequency bands.   OneWeb filed a Petition for Declaratory Ruling with the FCC or U.S. market access rather than an application because it states that its space system license … Continue Reading

June 2017 FCC Meeting Recap: FCC Seeks to Exempt Threatening Calls from Ability to Mask Number Using Caller ID Privacy Protections

At its June 22, 2017 Open Meeting, commissioners of the Federal Communications Commission (FCC) voted to start a proceeding that will consider proposed changes to the agency’s rules regarding Caller ID privacy. Specifically, the FCC’s notice of proposed rulemaking (“NPRM”) proposes to revise its rules in section 64.1601 to allow law enforcement and interested parties … Continue Reading

What to Expect at the FCC’s June 2017 Open Meeting

This is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on June 22, 2017.  Chairman Ajit Pai continues to schedule a large number of items each month, reflecting an ambitious agenda for the agency.  Indeed, for the fifth month in a row, … Continue Reading

Connect with Kelley Drye at next Presidio Forum on IoT Security in San Francisco on June 20

Kelley Drye is excited to support the next Presidio Forum on “Securing (and Regulating) the Internet of Things: Policy, Innovation & Investment,” in San Francisco on June 20, 2017.  The forum will present a candid discussion exploring today’s expanding IoT threat landscape, continued rise of regulatory interests and the increasing venture capital investment for IoT … Continue Reading

FCC Amends NAL in Rural Healthcare Proceeding, Increases Proposed Fine

In the first action of its kind, on June 7, 2017, the Federal Communications Commission (“FCC”) issued an amendment to a Notice of Apparent Liability for Forfeiture and Order (“NAL”), for alleged violations of the rules governing the Universal Service Rural Health Care Program (“RHCP”). The FCC found that the fine proposed in the initial … Continue Reading

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy.  The question before the Court is whether law enforcement must obtain a warrant for historical cell-site location information. The case stems from 2014, when Timothy Carpenter … Continue Reading

That Won’t Fly: The D.C. Circuit Strikes Down the FAA’s Registration Regime for Recreational Drones

Last week, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down an FAA regulation that required the owners of small Unmanned Aircraft Systems (“UAS”) to register with the agency (the “Registration Rule”). In 2012, Congress passed the FAA Modernization and Reform Act (“FMRA”), which prohibited the FAA from creating … Continue Reading

Sprint and Windstream Waste No Time Appealing Business Data Services Order

On May 8, 2017, merely ten days after the Federal Communications Commission (“FCC”) adopted its Report & Order (“BDS Order”) deregulating the market for Business Data Services (“BDS”), Sprint and Windstream petitioned the U.S. Court of Appeals for the District of Columbia (“D.C. Circuit”) to vacate the BDS Order. In the BDS Order, as we … Continue Reading

FCC Eases Restrictions on Broadband Deployment Support for Rate-of-Return Carriers; Faces Challenges to Connect America Fund Phase II Auction

As part of its continued focus on accelerating broadband deployment, the Federal Communications Commission (FCC) eased restrictions on its universal service support for deployments by rate-of-return carriers in rural and other high-cost areas.  In a unanimous Order on Reconsideration issued at its April meeting, the FCC found that the restrictions drove providers to exclude high-cost … Continue Reading

International Bureau Temporarily Waives Section 43.62 International Traffic and Revenue Reporting Requirement

By an International Bureau (Bureau) Order (Order) released yesterday that temporarily waives the International Traffic and Revenue Reporting (the Traffic and Revenue Report) requirement, the Federal Communications Commission (FCC) appears to be moving steadily toward its overhaul of the Section 43.62 international reporting requirements.  As Kelley Drye reported in recent posts (here and here), in late … Continue Reading

FCC Provides Guidance on Inability to Pay Analysis in Enforcement Actions; Significantly Reduces Slamming/Cramming Penalty

The Federal Communications Commission (FCC) reduced the penalty assessed against a long distance carrier by over $6 million in a Forfeiture Order issued earlier this week, after the carrier demonstrated an inability to pay the proposed fine.  In doing so, the FCC provided rare insight into how it assesses inability to pay claims raised by … Continue Reading

Previewing the (Net Neutrality) Road Ahead: Chairman Pai Announces a Plan to Reverse the 2015 Open Internet Order

On April 26, 2017, Ajit Pai, Chairman of the Federal Communications Commission (FCC or the Commission) announced his plans to launch a rulemaking proceeding reassessing the FCC’s Open Internet rules. During an event at the Newseum in Washington, D.C., Chairman Pai announced that he would present a Notice of Proposed Rulemaking (NPRM) to reassess many … Continue Reading

Comment Deadlines Set for FCC’s Latest International Reporting Streamlining Rulemaking

As Kelley Drye reported in a post late last month, the Federal Communications Commission (FCC) is considering eliminating the FCC Rule 43.62(b) annual International Traffic and Revenue reporting obligation and streamlining the Rule 43.62(a) annual Circuit Capacity reporting requirements.  The FCC last overhauled these international reporting requirements a mere four years ago.  The FCC’s Notice … Continue Reading

FCC Announces the Results of the $19.8 Billion Broadcast Incentive Auction

On Thursday, April 13, 2017, the Federal Communications Commission (“FCC” or the “Commission”) announced the results of its broadcast incentive auction.  The FCC raised approximately $19.8 billion through the auction.  While the gross revenues were considerably less than the nearly $45 billion the Commission raised in 2015 from the Advanced Wireless Services 3 (“AWS-3”) auction, … Continue Reading

Wireline Competition Bureau Explains No Presumption of Intrastate or Interstate Jurisdiction for Private Lines; Carriers Must Conduct Good Faith Inquiry Into Nature of Traffic Carried

By an Order issued late last week, the Wireline Competition Bureau (Bureau) provided important insight regarding determining the jurisdictional classification of private line revenues.  In ruling on long-pending petitions for reconsideration of Universal Service Administrative Company (USAC) audit findings regarding the classification of private line revenues, the Bureau explained that the longstanding Ten Percent Rule … Continue Reading

Client Advisory: Congress Repeals FCC 2016 Privacy Order via Congressional Review Act

On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications Commission (FCC) (the Joint Resolution).  Members of Congress largely voted along partisan lines. The House approved the Joint Resolution by … Continue Reading

FCC Proposes Eliminating Annual International Traffic and Revenue Report and Streamlining Annual Circuit Capacity Report

At its March 23, 2017 Open Meeting, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt a notice of proposed rulemaking (NPRM) seeking comment on a proposal to reduce certain reporting requirements for international telecommunications service providers (International Service Providers). In particular, the FCC proposes to eliminate, in its entirety, the annual International … Continue Reading

FCC Grants Honda Twenty Month Extension to Comply with Video Accessibility Rules

On March 16, 2017, the Federal Communications Commission’s Media Bureau (Bureau) released a Memorandum Opinion and Order (Order) addressing Honda Motor Co., Ltd’s (Honda) January 2017 petition for limited waiver of video accessibility rules for its in-vehicle rear entertainment systems. The Bureau granted Honda’s 20-month waiver request with the condition that Honda provide status update … Continue Reading

3GPP Paves Way for Accelerated 5G Standards Development

During a plenary meeting held March 6-9 in Dubrovnik, Croatia, the 3rd Generation Partnership Project (3GPP) a standards-developing collaboration between groups of telecommunications associations approved an accelerated time frame for the completion of specifications which will facilitate standards-based 5G deployment to begin in 2019 instead of 2020. … Continue Reading

FCC Authorizes First LTE-U Devices

Wireless carriers are a major step closer to using unlicensed spectrum to ease network congestion and boost speeds following the FCC’s authorization of the first LTE-Unlicensed (“LTE-U”) devices on February 22, 2017.  LTE-U technology allows carriers to deliver mobile traffic over unlicensed spectrum in the 5 GHz band already occupied by Wi-Fi, Bluetooth, and other … Continue Reading

Commission Adopts Long-Awaited Mobility Fund Phase II

On February 23, 2017, during the second open meeting under Chairman Ajit Pai, the Federal Communications Commission (FCC or the Commission) unanimously approved an order launching the long-awaited second phase of the Mobility Fund.  The Mobility Fund offers financial support to service providers to preserve and extend mobile broadband and voice services in unserved and … Continue Reading
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