On the latest episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s December Open Meeting as well as two important items from November. First, special counsel Mike Dover discusses these items — Broadband labels and ACP data collection. Discussion of the December Open Meeting items then follows. Partner Tom Cohen discusses a Notice of Proposed Rulemaking that would take the next step in the Commission’s efforts to promote equal access to broadband by seeking comment on potential rules to address digital discrimination of access to broadband, consistent with Congress’s direction in the Infrastructure Investment and Jobs Act. Partner Chip Yorkgitis covers a Notice of Proposed Rulemaking seeking comment on changes to its rules, policies, or practices to facilitate the acceptance for filing of satellite and earth station applications under Part 25 to help Commission processing stay apace with the number of innovative satellite applications in the new space age. Next, Partner Hank Kelly discusses a proposal to require wireless carriers and covered text providers to implement location-based routing on their networks in order to reduce misrouting of wireless 911 calls and texts and improve emergency response times. Finally, Mike Dover covers a proposal regarding the Telecommunications Relay Services (TRS) Fund compensation for Internet Protocol Captioned Telephone Service (IP CTS), propose a technical amendment to the compensation formula for Internet Protocol Relay Service (IP Relay), and resolve petitions for reconsideration of a prior order setting IP CTS compensation.

In this episode of the Full Spectrum podcast, attorneys from Kelley Drye’s Communications practice highlight items from the FCC’s October Open Meeting. First, partner Chip Yorkgitis discusses the Commission’s adoption of a Notice of Inquiry to explore the potential restructuring of the 12.7 GHz Band to accommodate the introduction of Next-Generation and other mobile Wireless Services. Following Chip, partner Hank Kelly discusses Caller ID Authentication on Non-IP Networks. Finally, special counsel Mike Dover covers the FCC’s consideration of a Notice of Proposed Rulemaking to strengthen the operational readiness of the Emergency Alert System and Wireless Emergency Alerts.

Click here to listen and subscribe for ongoing coverage of these topics and future meetings.

On April 27, 2022, the Federal Communications Commission’s February 2022 Report and Order and Declaratory Ruling adopting rules proscribing or conditioning certain practices by common carriers and multichannel video programming distributors (“MVPDs”) as they serve multiple tenant environments (“MTEs”) takes partial effect. The Report and Order and Declaratory Ruling complement earlier actions by the Commission taken more than fifteen years ago prohibiting telecommunications carriers from entering into or enforcing exclusivity contracts with MTE owners in both commercial and residential MTEs prohibiting certain MVPDs from entering into or enforcing exclusivity contracts with residential MTE owners. Generally, the new rules adopted this year prohibit providers from entering into certain types of revenue sharing agreements with MTE owners, and require affected providers to disclose the existence of exclusive marketing arrangements they have with MTE owners in simple, easy-to-understand language. With the March 28, 2022, publication of the Report and Order in the Federal Register, it generally goes into effect on April 27, but there are exceptions which delay the effectiveness of some of the key provisions which providers should be aware of, pushing out compliance of parts of the new rules to September 26, 2022, and possibly even later.

A few points regarding the scope of the new rules may be helpful. The term MTE includes both commercial and residential premises, such as apartment buildings, condominium buildings, shopping malls, or cooperatives occupied by multiple tenants, but, in the case of the proscriptions described here, MVPDs are affected only in residential MTEs whereas common carriers are affected in all MTEs.  MVPDs include cable operators, satellite cable programming vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendors. Broadband-only providers that do not meet the definition of common carrier or MVPD are not subject to the new rules.

Continue Reading Sorting Out the Multi-Step Phase-In of the FCC’s February 2022 Multi-Tenant Environment Order

Full Spectrum’s FCC Open Meeting Recap podcasts feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partner Chip Yorkgitis will discuss key actions and topics from the April 21st meeting, including a look at the role receiver performance policies or requirements might play in the FCC’s spectrum management responsibilities, strengthening Wireless Emergency Alerts, and a proposed fine related to a common carrier’s alleged failure to comply with foreign ownership-related requirements. Look out for ongoing coverage of these topics and future meetings.

Click here to listen and subscribe for ongoing coverage of these topics and future meetings.

Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th meeting, including digital discrimination, pole replacement disputes, and the Connected Care Pilot Program.

Click here to listen and subscribe for ongoing coverage of these topics and future meetings.

The FCC released its agenda for the next Commission Open Meeting, scheduled for January 27, 2022. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) that would require all broadband Internet access service providers (“ISPs”) to disclose information about various aspects of their service to consumers at the point of sale (“ISP NPRM”). The FCC will address a Report and Order that would amend the E-Rate program rules to clarify that Tribal libraries are eligible for E-Rate support (“E-Rate Tribal Order”). The commissioners also will consider a Second Order on Reconsideration and Order that would revise rules governing white space spectrum to ensure that wireless microphones are protected from harmful interference (“White Space Order”). In addition, the FCC will focus on an NPRM that would propose to amend the equipment authorization rules to incorporate updated technical standards (“Equipment NPRM”).

You will find more information about the items on the January meeting agenda after the break:

Continue Reading FCC’s January Meeting Agenda Includes Proposed Disclosures for All Broadband Providers

Yesterday, FCC Chairwoman Jessica Rosenworcel circulated a Notice of Proposed Rulemaking (“NPRM”) with her colleagues on the Commission to update the agency’s rules for notifying customers and federal law enforcement of breaches involving customer proprietary network information (“CPNI”). According to a press release, the proposed “updates would better align the Commission’s rules with recent developments in federal and state data breach laws covering other sectors.”

The Chairwoman’s proposal is significant because it signals a potentially more active FCC in consumer protection as the Democrats solidify control of the agency following the Presidential transition and Chairwoman Rosenworcel’s elevation from Acting Chair to Chair. The scope of the proposal appears to be fairly narrow (based on the limited information currently available) but represents the second CPNI-related action proposed in the past three months. Once a fifth commissioner is confirmed, Chairwoman Rosenworcel may be able to press a broader consumer protection agenda for the agency.

Continue Reading Rosenworcel Moves to Update Data Breach Reporting Requirements Under CPNI Rules

The FCC released a streamlined agenda for its next Commission Open Meeting, scheduled for December 14, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry regarding how to improve the clarity and accessibility of Emergency Alert System (“EAS”) visual messages to the public, including persons who are deaf or hard of hearing, and to seek comment on other EAS improvements, such as redesigns to enable matching visual and audio alert content (“EAS NPRM”). The FCC will next address an Order and Notice of Proposed Rulemaking that would grant a petition for rulemaking filed by Space Exploration Holdings, LLC (“SpaceX”) to amend the spectrum sharing rules applicable to non-geostationary satellite orbit, fixed-satellite service (“NGSO FSS”) systems (“Satellite Spectrum Sharing NPRM”). The commissioners will close the meeting by considering a NPRM that would propose to establish a central bidding portal through which service providers would submit their bids to the E-Rate program administrator, the Universal Service Administrative Company (“USAC”) (“E-Rate NPRM”).

You will find more information about the items on the December meeting agenda after the break:

Continue Reading FCC’s December Meeting Agenda Includes Emergency Alerts, Satellite Broadband and E-Rate Items

On Thursday, November 18, 2021, just days after President Biden signed the bi-partisan Infrastructure Investment and Jobs Act (aka “Infrastructure Act”) into law, the Federal Communications Commission’s Wireline Competition Bureau (WCB) released a Public Notice setting forth a 60-day rulemaking process designed to implement the statute’s Affordable Connectivity Program (“ACP”) provisions.

While the final rules will not be available until a final order is adopted, which is expected by January 14, 2022, the program will launch on December 31, 2021. Here’s what we know now – a roadmap for current Lifeline and Emergency Broadband Benefit (“EBB”) providers, as well as for fixed or wireless broadband providers seeking to participate in the ACP.

Click here to read our full advisory on the ACP.

Recent natural disasters like Hurricane Ida have highlighted the importance to the Federal Communications Commission (“FCC” or “Commission”) of stable communications networks. Such disasters can cause disruptions and delays to the transmission of 911 calls, first responder communications, Emergency Alert Systems (“EAS”), and other important communications during emergencies. The FCC adopted a Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposed rules to improve the resilience and reliability of communications networks during emergencies at its September Open Meeting. The NPRM was published in the Federal Register on November 4, 2021 and therefore comments are due on December 6, 2021, and reply comments are due on January 4, 2022.

Continue Reading Early December Deadline for Comments on FCC’s Resilient Networks NPRM