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
Broadband
FCC’s January Meeting Agenda Includes Proposed Disclosures for All Broadband Providers
By Kelley Drye on
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:…
FCC’s December Meeting Agenda Includes Emergency Alerts, Satellite Broadband and E-Rate Items
By Kelley Drye on
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:…
New $14.2B Broadband Affordability Program Open to All Broadband Providers
By Kelley Drye on
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…
Looking to the Skies: The FCC Seeks Additional Information on Potential Stratospheric-Based Communications Platforms and Services
By Chip Yorkgitis on
On November 2, 2021, the Federal Communications Commission’s (“FCC’s) Wireless Telecommunications Bureau (“Bureau”) published a public notice in the Federal Register focused on asking whether the 71-76 GHz, 81-86 GHz, 92-94 GHz, and the 94.1-95 GHz bands (“70/80/90 GHz Bands”) could be used “to provide broadband Internet access to consumers and communities that may otherwise lack robust, consistent connectivity.” The Commission is particularly interested whether stratospheric-based platforms, such as High Altitude Platform Stations (“HAPS”), which operate above twenty kilometers (approximately 65,000 feet), could be deployed for this purpose in the 70/80/90 GHz Bands. Comments are due by December 2, 2021, and replies by January 3, 2022.
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Continue Reading Looking to the Skies: The FCC Seeks Additional Information on Potential Stratospheric-Based Communications Platforms and Services
FTC Staff Report Puts Spotlight Back on ISP Data Collection and Use Practices; FCC Re-Regulation Suggested
Over the past few years, the data collection and use practices of Internet Service Providers (“ISPs”) have largely flown under the radar while large internet platforms and the broader adtech industry have been under greater scrutiny. That respite may be coming to end following a staff report released last week by the FTC detailing the scope of ISPs’ data collection and use practices. The staff report was based on orders issued in 2019 under Section 6(b) of the FTC Act and puts ISPs and large platforms on similar footing, observing that “many ISPs in our study can be at least as privacy-intrusive as large advertising platforms.” In addition, the staff report finds that several ISP data practices could cause harm to consumers but does not go as far as calling any practices unfair or deceptive.
What the FTC will do with the staff report is less clear. The Commission voted unanimously to release the report, which does not make any specific policy recommendations. Members of the Commission, however, drew their own conclusions and articulated starkly different outlooks on the report’s implications. Chair Lina Khan and Commissioner Rebecca Kelly Slaughter declared that the FCC should play a leading role in overseeing ISPs’ data practices, citing the FCC’s industry expertise and legal authority. Commissioner Christine Wilson, however, stated that “oversight of ISPs for privacy and data security issues should remain at the FTC.” ISPs’ data practices – and the broader question of whether the FCC should reclassify broadband service back to a Title II telecommunications service and re-impose strict broadband privacy rules – are likely to be prominent issues as the Biden FCC takes shape in the months ahead.…
Join Kelley Drye at the 2021 INCOMPAS Show
By Hank Kelly on
Partner Hank Kelly will present “The Path to a Fully Connected America: Strategies for Expanding Broadband Access and Affordability” during The 2021 INCOMPAS Show’s Policy Workshop on October 25th. Getting and keeping Americans connected has become a priority for policymakers and industry leaders alike. The increased importance of broadband in the wake of the pandemic…
The FCC’s Packed September Meeting Agenda Includes Focus on IoT Spectrum and Robocall Prevention
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:…
FCC Provides Guidance for Connected Care Pilot Program, Selects Additional Projects
By Kelley Drye on
At its June 17 Open Meeting, the Federal Communications Commission (“FCC”) adopted a Second Report and Order for its Connected Care Pilot Program, which provides administrative guidance that will enable award recipients to begin their pilot projects. On the same day, it announced its second set of projects awarded support through the Pilot Program.
The Connected Care Pilot was established in April 2020 to make up to $100 million in Universal Service Fund support available over three years for selected projects to defray costs for projects that will bring broadband connectivity and other connected care information services to eligible health care providers. The program is primarily aimed at supporting services that will benefit veterans and low-income patients. It is a longer term initiative than the short-term COVID-19 Telehealth Program designed to provide financial support for telehealth services, which are expected to remain in demand after the pandemic fully abates.…
Continue Reading FCC Provides Guidance for Connected Care Pilot Program, Selects Additional Projects
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 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:…