Category Archives: Business & Strategic Planning

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FCC Seeks Input on Revising and Eliminating Older Rules

As summer begins to wind down, the FCC will begin considering whether to revise or eliminate decade-old regulations, including certain rules related to the Universal Service Fund (“USF”), equipment authorization procedures, and disabilities access. The FCC kicked off its review with a Public Notice under the Regulatory Flexibility Act, which requires federal agencies to reexamine … Continue Reading

FCC Streamlines Formal Complaint Procedures and Establishes Shot Clock for Decisions

In a move affecting nearly every type of dispute brought to the agency, the FCC adopted a Report and Order (“Order”) at its July meeting establishing a streamlined set of formal complaint rules. The new rules cover complaints against common carriers, pole attachment complaints, and complaints involving accessibility for people with disabilities. The revised procedures … Continue Reading

Podcast – Inside the TCPA: Consumer Consent

“Inside the TCPA” offers a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this episode, partner Steve Augustino and associate Jenny Wainwright discuss the consent issues before the FCC in … Continue Reading

FCC Poised to Adopt Procedures for First Set of Spectrum Frontiers Auctions (24 and 28 GHz) and Tee up Another (37, 39, and 47 GHz)

Two years after the first Spectrum Frontiers report and order, the Federal Communications Commission (“FCC” or “Commission”) is completing the final set of preliminaries before commencing the first mmW auction. With the release of a draft Public Notice (“Notice”) on July 12, 2018, the Commission gave a sneak preview of the application and bidding procedures for … Continue Reading

Read the Signs: FCC Unleashes Wave of Equipment Marketing Actions Involving LED Signs

As we enter the dog days of summer, the FCC continues to turn up the heat on equipment marketing enforcement. But while million dollar fines for marketing noncompliant devices capture the spotlight, the FCC also quietly issued a number of equipment marketing actions focused on a single type of device: LED signs. In just the … Continue Reading

FCC Plans to Speed Broadband Deployment Through One-Touch Make-Ready Fastlane for Pole Attachments

After a year of heated debate between pole owners and service providers, the FCC is poised to adopt a one-touch make-ready (“OTMR”) process for the “vast majority” of pole attachments at its meeting on August 2, 2018. Late last week, the FCC released a draft Order and Declaratory Ruling that would implement a streamlined process for service … Continue Reading

5G and Broadband Infrastructure in the Spotlight at August FCC Meeting

The FCC will focus on 5G spectrum and the infrastructure supporting next-generation broadband services at its meeting planned for August 2, 2018. Continuing its push to make more spectrum available for flexible wireless use to support 5G technologies, the FCC teed up two major spectrum-related items for its August Open Meeting, which comes hot on … Continue Reading

Podcast – Inside the TCPA: Autodialers

Kelley Drye introduces a new Full Spectrum series, “Inside the TCPA,” which will offer a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this inaugural episode, partner Steve Augustino and … Continue Reading

This Time It’s Drones: FCC Reminds Retailers, Manufacturers, and Operators of Responsibilities Regarding Equipment Authorization

Simultaneously with issuing a nearly $3,000,000 fine to HobbyKing for marketing unauthorized (and in some cases not capable of being authorized) audio/video (“AV”) transmitters for use with drone mounted cameras, the Federal Communications Commission’s (“FCC’s” or “Commission’s”) Enforcement Bureau issued an Advisory Tuesday reminding retailer manufacturers, and operators of their obligations:  no marketing or operation … Continue Reading

A Case of Bad Hygiene? FCC Proposes More Than $590,000 Penalty for RF Device Marketing Violations, and Commissioner O’Rielly Foreshadows Potentially Tougher Equipment Authorization Enforcement Policies

On May 30, 2018, the Commission issued a Notice of Apparent Liability (“NAL”) proposing a total penalty of $590,380 against a company for marketing noncompliant radio frequency (“RF”) devices in apparent violation of the agency’s equipment marketing rules.  The allegations in the NAL provide a textbook example of how a company that becomes aware of … Continue Reading

Federal Communications Commission International Reporting Rule Changes Take Effect

Almost six months after releasing its October 2017 Order streamlining, eliminating, and revising certain international reporting requirements, on April 25, 2018, the Federal Communications Commission (“Commission”) published a public notice in the Federal Register announcing that the international reporting rule changes were effective on April 25, 2018.  While, in practice, a Commission rule waiver had … Continue Reading

Press “1” for More Scrutiny: Congress Shows Keen Focus on Robocall Issues

Just over a month after the D.C. Circuit struck down large portions of the FCC’s 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act (TCPA), several developments on Capitol Hill last week suggest that Congress has renewed its focus on robocall issues.  While these actions are preliminary, it could indicate that addressing robocalls may be … Continue Reading

Tailor-Made: FCC Recognizes Need for Bespoke Rules for Smallsats

On April 17, 2018 the Federal Communications Commission adopted a notice of proposed rulemaking (“NPRM”) that seeks to streamline and otherwise tailor the agency’s current one-size-fits-all satellite regulations for small satellite systems (commonly referred to as “smallsats”). The NPRM sets forth proposals to expedite smallsat approvals and identifies certain frequency bands for potential use by … Continue Reading

Citing National Security, FCC Begins Proceeding to Bar the Use of Universal Service Monies for Equipment from Certain Countries

Echoing concerns raised by other parts of the federal government over the past several years, the FCC, at its open meeting on April 17, 2018, adopted a Notice of Proposed Rulemaking (“NPRM”) to consider a rule which would prohibit Universal Service Fund (“USF”) support from being used “to purchase or obtain any equipment or services … Continue Reading

FCC Commissioner O’Rielly Statement Hints at Possible Long-Awaited Movement on Team Telecom Review Process Reform

In 2016, the Federal Communications Commission (“FCC” or “Commission”) initiated a rulemaking proceeding proposing changes to the process of reviewing certain Section 214 and submarine cable landing license applications, conducted by the group of Executive Branch agencies commonly referred to as “Team Telecom.”  That proceeding largely stalled after the comment cycle ended later that year.  … Continue Reading

FCC Moves to Further Deregulate Business Data Services

Nearly a year after it ordered sweeping deregulation of the business data services (“BDS”) market, the Federal Communications Commission (“FCC”) proposed new rules that would allow certain small rural carriers to move from longstanding rate-of-return regulation to price cap regulation for their BDS offerings.  The transition would reduce the regulatory obligations of such carriers, including … Continue Reading

FCC Further Clarifies and Streamlines Environmental and Historical Review Processes for Wireless Deployments

On March 30, the Federal Communications Commission (“Commission” or “FCC”) released a Second Report and Order (“Order”) that further clarifies and streamlines the environmental and historical review processes related to deployment of certain wireless infrastructure.  The Commission intends by these actions to facilitate faster deployment of antennas for next-generation wireless networks.… Continue Reading

When Public Safety Isn’t Enough: FCC Considering Expanded Use of the 4.9 GHz Band

At its March Open Meeting, the FCC adopted a long-awaited Sixth Further Notice of Proposed Rulemaking (“FNPRM”) to consider promoting additional investment and activity in the 4.9 GHz band while preserving the core public safety purpose of the band.  Finding the band underutilized by public safety users, the FNPRM invites comment on ways that the … Continue Reading

Lucky Number 7? FCC Proposes Section 7 Rules to Fast-Track Review of New Technologies

On February 22, as part of its effort to accelerate the deployment of new and innovative technologies, the FCC adopted a Notice of Proposed Rulemaking (“NPRM”) to develop procedures for implementing section 7 of the Communications Act of 1934 (which was added by a 1983 amendment).  Section 7 states that the Commission “shall determine whether … Continue Reading

Updated 499-A Form and Instructions Signal Start of 2018 USF Season

Last week, the FCC released its form and instructions for the 2018 499-A, due April 1st. The 499-A form is filed by almost all intrastate, interstate and international providers of telecommunications in the U.S. and reports historic annual revenue. Notably, the FCC’s Wireline Competition Bureau did not solicit comments on the form and instructions this … Continue Reading

USF Update: Where Are We Now?

In 2017, the Government Accountability Office (GAO) released a report focusing on the Lifeline program. Tucked away in that report was a significant discussion of Universal Service Fund (USF) contributor audits that has received little attention. In a recent episode of Kelley Drye’s Full Spectrum podcast, Partner Steve Augustino and Special Counsel Denise Smith discussed … Continue Reading

Beyond the Latest Frontier: Licensed, Unlicensed, and Experimental Operations above 95 GHz

Fulfilling a promise made by Chairman Pai in the fall that the Federal Communications Commission would give a close look to opening up licensed operations in the bands above 95 GHz, the FCC announced tentatively on February 1 that it will consider commencing a rulemaking to do just that at its next Open Meeting on … Continue Reading

Ready, Set, Bid: FCC Announces July Start Date for Auction to Provide Support for Voice and Fixed Broadband in Unserved High-Cost Areas

At the January Open Meeting, the Federal Communications Commission (“FCC”) adopted a Public Notice (“PN”) that sets July 24, 2018 as the start of the Connect America Fund Phase II auction (“Phase II Auction”) in which service providers can compete for up to $1.98 billion annually in financial support over 10 years.  This will be … Continue Reading
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