In response to the COVID-19 pandemic, the FCC has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and provides this overview of the key actions impacting enterprise and small business customers of communications services. For additional information on these and other FCC actions, follow Kelley Drye’s CommLaw Monitor, where we post regular updates of the latest regulatory and legislative actions impacting the communications industry.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Enterprise and Small Business Customers Need to Know

On Friday, March 27, 2020, the Federal Communications Commission’s Wireline Competition Bureau (“Bureau”) granted Onvoy d/b/a Inteliquent a temporary and limited waiver of the Commission’s rules that treats competitive local exchange carriers with an interstate terminating-to-originating traffic ratio of at least 6:1 as engaging in access stimulation. The Bureau found that the extraordinary circumstances accompanying the current COVID-19-related public health crisis leading to increased conferencing traffic warranted a company specific waiver, which temporarily exempts Inteliquent from the requirement, if it exceeds the 6:1 ratio due to traffic from its existing customers (as of March 17, the date of Inteliquent’s petition for waiver), of assuming the financial responsibility for any applicable intermediate access provider’s terminating charges for any traffic between a local exchange carrier’s terminating end office or equivalent and the associated access tandem switch. However the Bureau stresses that the waiver was limited to Inteliquent and expressly rejected a request that the waiver extend to all conferencing traffic.

Continue Reading Coronavirus Increases Use of Conferencing Services Leading to Company-Specific Access Stimulation Rule Waiver

On March 25, 2020, the Federal Communications Commission announced a one-month postponement of the 3.5 GHz auction (3550-3650 GHz) in the Citizen’s Broadband Radio Service (“CBRS”), a.k.a. Auction 105. The Commission cited the need “to protect the health and safety of Commission staff during the auction and [the ancillary benefit” that parties have additional time to prepare to participate.”  FCC Chairman Ajit Pai reiterated the agency’s commitment to hold the auction this summer. The band is the first in the so-called mid-band, a range of spectrum seen as critical to the roll out of 5G wireless applications. Commissioner Michael O’Rielly tweeted today that a further delay would be unlikely absent absolutely compelling circumstances. The start of the auction has been postponed to July 23, 2020, (from June 25, 2020), and the new short-form application filing window is April 23 through May 7, 2020.

The Commission also postponed indefinitely its Auction 106, which was set to begin April 28, 2020, and was selling through competitive bidding construction permits in the FM broadcast service.


Continue Reading FCC Postponing 3.5 GHz Auction on Account of COVID-19; Agency Hopes to Keep 3.7-4.2 GHz Auction on Track

As COVID-19 has reached pandemic levels, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and what they mean for communications service providers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business. Subscribe to receive these alerts.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Communications Service Providers Need to Know

The FCC plans to mandate that voice service providers adopt caller ID authentication technology to combat illegal “spoofing” and deregulate longstanding end-user access charges at its next meeting scheduled for March 31, 2020. Under the FCC’s proposal, voice service providers that originate or terminate calls would be required to employ STIR/SHAKEN technology (a framework of interconnected standards to authenticate phone calls as they are passed from carrier to carrier) in their networks no later than June 30, 2021, allowing them and other providers in the call chain to verify that calls are coming from the displayed caller ID number. The proposal would implement provisions of the recently-passed TRACED Act, which requires the FCC to kick off a multitude of near-term rulemakings and other actions aimed at addressing unlawful spoofing and robocalling operations. FCC Chairman Pai previously urged major providers to adopt STIR/SHAKEN technology voluntarily, but his assessment is that the voluntary approach did not move fast enough. In addition, the FCC anticipates launching a rulemaking to deregulate a host of end-user charges related to interstate access service and prohibit carriers from invoicing such charges through separate line items to simplify customer bills.

Although the March agenda is relatively light, the STIR/SHAKEN and access charge items could significantly impact provider costs, tariffing practices, and billing procedures. As a result, providers should closely examine the FCC’s proposals and get their input in early in light of the agency’s recent decision to restrict in-person meetings and expand telework in response to the coronavirus pandemic. You will find more information on the key March meeting items after the break:


Continue Reading FCC Plans to Mandate STIR/SHAKEN Anti-Spoofing Framework, Deregulate End-User Access Charges at March Meeting