Federal & State Regulatory

Join us on Wednesday, April 8th as we discuss the FCC’s response to the COVID crisis, the communications elements in the CARES Act, compliance with state stay-at-home orders, and pending proposals for more relief. We will provide you with a concise download on and quick analysis of these fast moving developments. Click here to register.

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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.


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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.

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On March 3, 2020, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order and Order of Proposed Modification (FCC 20-22) (respectively, the “C-Band Order” and the “Proposed License Modification”) realigning the 3.7-4.2 GHz Band in the contiguous United States and proposing to modify most of the satellite, earth station, and fixed service licenses in the Band. If one sorts out the significant deadlines established by the C-Band Order leading up to the target date for the auction of the 3700-3980 MHz range, namely December 8, 2020, and the transition of incumbent space station and earth station operations and fixed service stations which must be completed in the auction’s wake, the heavy lifting required before the auction proceeds is plain. In the attached advisory, these deadlines are discussed in some detail.  Here, they are presented in abridged fashion.

For more information, register here for our April 2 C-Band Update webinar.


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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.


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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.


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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:


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On February 28, 2020, at its Open Meeting, the FCC voted to commence a rulemaking to examine the rebalancing of many technical rules governing the deployment of fixed and certain mobile, unlicensed white space devices in the television bands (in and around the 600 MHz range) to increase opportunities for relatively long-distance connectivity in rural and underserved areas, such as for wireless broadband solutions or applications associated with the Internet of Things (“IoT”), although there are no application restrictions on white space devices per se. The rule changes are proposed only in those frequencies below TV channel 35, and so exclude the 600 MHz duplex gap and the 600 MHz service band. The text of the Notice of Proposed Rulemaking (“NPRM”) was promptly released on March 2. Comments are due 30 days after Federal Register publication with replies due sixty days after publication, which has not yet occurred.

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Please join us on March 10, 2020 for Kelley Drye’s annual webinar discussing the state of the federal Universal Service Fund. This webinar, back for its 11th year, provides an in-depth look at all four USF programs and the USF contribution mechanism, highlighting major developments in the last year and trends for the upcoming year.

The Federal Communications Commission (“FCC”) is acting swiftly on efforts to protect the communications supply chain from entities posing a national security threat. In a Public Notice (“Public Notice”) released yesterday, the FCC announced that U.S. telecommunications carriers receiving Universal Service Fund (“USF”) support, known as eligible telecommunications carriers (“ETC”), must report on their use of equipment and services from Huawei Technologies Company (“Huawei”) and ZTE Corporation (“ZTE”).

The information collection is mandatory for all entities that were ETCs as of December 31, 2019, and includes the ETC’s subsidiaries and affiliates. The information filings, which must be submitted via the FCC’s online filing portal, are due by April 22, 2020.


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