International Markets & Team Telecom

At its September 30, 2021 Open Meeting, the Federal Communications Commission (“FCC” or the “Commission”) unanimously adopted a Second Report and Order in IB Docket No. 16-155 requiring applicants with reportable foreign ownership seeking Commission approval for certain applications to answer standardized national security and law enforcement questions (“Standard Questions”) prior to or when filing their applications. The Standard Questions were developed in coordination with the. Departments of Justice, Homeland Security, Defense, State, and Commerce and the United States Trade Representative, which conduct review of national security, law enforcement, foreign policy, or trade policy issues associated with the foreign ownership of the applicants of certain applications filed with the FCC and referred to the agencies. The Standard Questions will apply, following review and approval by the Office of Management and Budget (“OMB”) (and issuance of an associated public notice) to the types of applications the Commission generally refers to the Executive Branch, namely applications for international section 214 authorizations and submarine cable landing licenses, applications to assign, transfer control or modify such authorizations and licenses where the applicant has reportable foreign ownership, and all petitions seeking to exceed foreign ownership limits applicable to broadcast or common carrier wireless licenses set forth in Section 310(b) of the Communications Act of 1934, as amended (the “Act”) (47 C.F.R. § 310(b)).

The adoption of Standard Questions is the FCC’s complements several other reforms in the past year to formalize and streamline the FCC and Executive Branch review process conducted  pursuant to Executive Order No. 13913 of April 8, 2020, Establishing the Committee for the Assessment of Foreign Participation in the United State Telecommunications Sector (the “Committee” (commonly referred to as “Team Telecom”)). The Executive Order sets forth procedures and timelines for the Committee to conduct its reviews of referred applications. The Commission’s earlier reforms are detailed in the FCC’s (First) Report and Order  in Docket 16-155 Executive Branch Review Order released October 1, 2020 (and Erratum). As noted in the Second Report and Order, the FCC considered comments filed in response to a Public Notice containing proposed Standard Questions.


Continue Reading FCC Adopts Standard Questions to Facilitate Executive Branch Review of Applications Involving Foreign Interests in Applicants

On October 14, Partner Steve Augustino will join a panel of international experts to present “Stopping Robocalling: Carrier Strategies for FCC Regulatory Compliance, Call Authentication, And Preventing CLI Spoofing”. This panel will examine the current state of illegal robocall mitigation, share challenges and experiences for foreign carriers so far in complying with FCC regulations, and discuss Caller ID spoofing on a wider scale. The webinar will be held at 3 pm Central European Time (CET) (9 am Eastern).  Click here for more information and to register for this complimentary event.

Continue Reading Join Kelley Drye and i3forum for Webinar on Robocalling and FCC Regulations

The FCC released a full agenda for its next Commission Open Meeting, scheduled for September 30, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) to improve the Wireless Network Resiliency Cooperative Framework (“Framework”) and outage reporting. The FCC will next address an Order on Reconsideration to vacate a 2020 order that permits states to lease spectrum in the 4.9 GHz band (designated for public safety use) to third parties for non-public-safety use and a Further NPRM (“FNPRM”) to adopt a nationwide framework for the 4.9 MHz band that would allow for public safety and non-public safety uses. The FCC will also consider adopting a Public Notice that would describe the process for the Office of Engineering and Technology (“OET”) to approve automated frequency coordination (“AFC”) systems, which must be used when performing certain unlicensed operations in the 6 GHz band. Rounding out spectrum issues, the FCC will consider a Notice of Inquiry (“NOI”) focused on whether there is adequate spectrum to support the Internet of Things (“IoT”). The FCC will then shift its attention to two FNPRMs regarding robocalls. One FNPRM would propose that voice service providers block autodialed calls to numbers on the Public Safety Answering Points (“PSAP”) Do-Not-Call registry and seek alternative ways to protect PSAPs from robocalls and security threats. The other robocall-related FNPRM would propose that gateway providers take action to prevent robocalls that originate outside of the U.S. on U.S. numbers. Next, the FCC will address another NPRM to clarify that Tribal libraries are eligible to receive support under the E-rate program. The FCC will close its meeting by considering a Second Report and Order that would adopt standard questions to be answered by applicants with reportable foreign ownership that seek the Commission’s approval to obtain or modify certain licenses or to complete transactions involving those licenses.

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


Continue Reading The FCC’s Packed September Meeting Agenda Includes Focus on IoT Spectrum and Robocall Prevention

The FCC released a light agenda for its next Commission Open Meeting, scheduled for Tuesday, July 13, 2021. The meeting will kick off by first considering a Third Report and Order (“Order”) to amend the agency’s rules for the Secure and Trusted Communications Network Reimbursement Program. The Order would expand eligibility for reimbursement to providers with ten million or fewer customers for the replacement of all equipment and services provided or produced by Huawei or ZTE obtained on or before June 30, 2020. The FCC will next consider a Notice of Proposed Rulemaking (“NPRM”) that would propose revisions to the agency’s rules governing short range radar operations in the 57-71 GHz frequency band. The NPRM proposes technical rule changes that would aim to provide expanded operational flexibility to unlicensed field disturbance sensor (“FDS”)/radar devices that operate under section 15.255 of the Commission’s rules, while promoting compatibility with unlicensed and licensed devices operating in the 60 GHz band. The agency will also consider an NPRM updating the technical rules for radio broadcasters, and an Order mandating electronic filing for all International Bureau applications and filings. To close out the meeting, the FCC will consider an enforcement action.

You will find more information about the most significant items after the break:


Continue Reading FCC July Open Meeting Focuses on Supply Chain Reimbursement and Radar Operations in the 60 GHz Band

Protecting the U.S. telecommunications networks from security threats has long been an area of strong agreement at the FCC. Following several actions by the Pai Commission to ban Huawei and ZTE equipment deemed to pose a national security threat, Acting Chairwoman Rosenworcel has continued the effort. Indeed, in February, at the first meeting she led as acting chair, Rosenworcel called on the FCC to “revitalize” its approach to network security “because it is an essential part of our national security, our economic recovery, and our leadership in a post-pandemic world.”

At the FCC Open Meeting on June 17, 2021, the FCC took its most visible step yet toward Acting Chairwoman Rosenworcel’s vision. The Commission adopted a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) to further address national security threats to communications networks and the supply chain. The NPRM and NOI sets its sights on the Commission’s rules relating to equipment authorization and competitive bidding. The Commission’s proposals have seeds of a much broader focus on Internet of Things (“IoT”) devices, cybersecurity and RF fingerprinting, to name a few. All participants in the telecommunications ecosystem should take notice.


Continue Reading FCC Begins Proceeding to Broaden its National Security Protections Beyond Universal Service Disbursements; IoT, Cybersecurity in its Sights

The FCC released the agenda for its next Commission Open Meeting, scheduled for June 17, 2021. The meeting will first consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) to broaden the secured communications supply chain beyond the FCC’s universal service programs. Specifically, the NPRM would propose to prohibit all future authorizations for equipment on the FCC’s Covered List, revoke current equipment authorizations for equipment on the Covered List, and require certifications from future FCC auction participants that they will not rely on financial support from any entities designated as a national security threat. The FCC also tees up a Report and Order that would allow for expanded marketing and importation of radiofrequency devices prior to certification, with certain conditions to prohibit sale or operation of those devices prior to authorization. The agency will next consider a Report and Order and FNPRM that would improve and streamline the agency’s Emergency Alert System (“EAS”) and Wireless Emergency Alerts (“WEA”) Systems, as initially proposed in a March 2021 NPRM. The FCC will also consider a Report and Order that would streamline private entity reporting of robocalls and spoofed caller ID by creating a direct reporting portal to the Enforcement Bureau, along with a Report and Order providing additional guidance and clarity on the agency’s telehealth-driven Connected Care Pilot Program. Lastly, the meeting agenda includes items that would explore spectrum options for maritime navigations systems and modify existing low power FM rules.

You will find more information about the most significant items on the June meeting agenda after the break:


Continue Reading FCC June Meeting Agenda Includes Broadened Supply Chain Measures, Improved Emergency Alerts and Robocall Reporting, and Expanded Telehealth Guidance

The FCC released the agenda for its next Open Meeting, scheduled for February 17, 2021, which will be the first with Acting Chairwoman Jessica Rosenworcel at the helm. The FCC plans to kick off the meeting with three presentations detailing the Commission’s progress in implementing programs designed to support broadband access and deployment. First, the FCC will hear a presentation on the creation of the Emergency Broadband Benefit Program, which will allow low-income consumers to receive discounted broadband services and devices. Second, the FCC will hear a presentation covering the agency’s next steps for its COVID-19 Telehealth program, which provides funding to health care providers to offer telehealth and connected care services to patients. Third, the FCC will hear a presentation on the agency’s efforts to improve its broadband mapping data, including through the Digital Opportunity Data Collection. Rounding out the meeting agenda, the FCC will consider proposed rulemakings that would modify the agency’s supply chain security rules and address 911 fee diversion in line with recent legislation.

The February meeting begins what is expected to be a busy 2021 for the FCC’s agenda. You will find more information about the meeting items after the break.


Continue Reading FCC Tees Up Broadband and Telehealth Updates for First Meeting under Acting Chairwoman Rosenworcel

The FCC released the agenda for its December Open Meeting, scheduled for December 10, 2020 on November 19, 2020, but the agency has made several changes since. The last meeting of the year will lead with a Report and Order on securing the communications supply chain that would require Eligible Telecommunications Carriers (“ETCs”) receiving federal universal service funding to remove and replace equipment and services identified as a risk to national security from their networks. The supply chain rulemaking would establish procedures and requirements for affected providers to seek reimbursement of their removal and replacement costs. The Commission will also consider a Notice of Proposed Rulemaking (“NPRM”) that would propose to modernize the marketing and importation rules for regulated equipment. Additionally, the December meeting will include an Order that would amend the invoice filing deadline rule for the E-Rate Program, which supports communications services for schools and libraries, and an Order on Reconsideration clarifying the agency’s interpretation of the Telephone Consumer Protection Act (“TCPA”), although the draft texts of these two items have not been released.

The December meeting may be the first attended by recently-confirmed Republican FCC Commissioner Nathan Simington, who will replace outgoing Commissioner Michael O’Rielly after today’s confirmation vote in the U.S. Senate. In addition, Chairman Pai recently announced that he intends to leave the FCC on Inauguration Day, January 20, 2021. As a result, the January 2021 FCC open meeting will be his last meeting before the change in administration.

You will find more details about the most significant items on the December meeting agenda after the break.


Continue Reading FCC Wraps Up 2020 with December Meeting Focusing on Supply Chain Security and Equipment Marketing

The upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode of Kelley Drye’s Full Spectrum, Partners John Heitmann and Steve Augustino are joined by Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice, for a discussion of the potential organizational

The FCC announced a jam-packed agenda for its penultimate meeting before the 2020 general election, with a focus on long-awaited spectrum sharing and caller ID authentication actions. At its meeting scheduled for September 30, 2020, the FCC plans to clear the way for eventual sharing of 3 GHz spectrum between commercial wireless providers and federal incumbents. The FCC announced earlier this year its intention to auction flexible use licenses in the 3.45-3.55 GHz band in December 2021. The Department of Defense, as a primary user of the band, has already devised a sharing framework for the spectrum. The FCC also plans to allow commercial wireless providers to lease spectrum in the 4.9 GHz band, which currently is allocated to public safety operations. The agency claims the band remains underutilized and that leasing arrangements could free up to 50 megahertz of mid-band spectrum to support commercial 5G services. In addition, the FCC plans to hold firm on its June 30, 2021 deadline for most voice providers to implement the STIR/SHAKEN caller ID authentication framework for IP networks and to extend such requirements to intermediate providers that neither originate nor terminate calls. Rounding out the major agenda items, the FCC plans to streamline executive branch foreign ownership reviews of certain applications formerly handled by “Team Telecom,” adopt a phase down in IP Captioned Telephone Service (“IP CTS”) compensation and impose IP CTS service standards, and launch an inquiry into state diversion of 911 fees.

FCC regulatory activity likely will slow in the immediate lead-up to and aftermath of the 2020 general election. As a result, the September agenda may represent the FCC’s last big push on major reforms for the year. You will find more details on the significant September meeting items after the break:


Continue Reading Spectrum Sharing and Caller ID Authentication Top Jam-Packed FCC September Meeting Agenda