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Finally Naming the Duck? Eighth Circuit Decides VoIP is an Information Service, Preempts Minnesota Regulation

After more than twenty years, VoIP’s unclassified status may be coming to an end. Last month, the Eighth Circuit Court of Appeals issued a decision in Charter Advanced Services LLC v. Lange in which it considered whether an interconnected VoIP service offered by Charter can be regulated like a telecommunications service by the Minnesota Public … Continue Reading

Next in the FCC’s Sights for Alleged Waste, Fraud, and Abuse: IP CTS Program

In June, the FCC approved a package of regulatory measures – Report and Order, Declaratory Ruling, Further Notice of Proposed Rulemaking (“FNPRM”), and Notice of Inquiry (“NOI”) – directed at reforming the IP Captioned Telephone Service (“IP CTS”) program to address concerns about its sustainability. IP CTS is a form of telecommunications relay service (“TRS”) that … 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

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

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

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

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

Fulfilling Pledge Made in May, Chairman Pai and FCC Approve New Blue Alerts, Similar to Amber Alerts, to Notify About Threats to Law Enforcement Personnel

At the December Open Meeting of the Federal Communications Commission (“FCC”), the Commissioners approved a Report and Order (“Order”) that adopts a new form of emergency alerting, Blue Alerts, which would serve to inform the public of actionable threats to state or local law enforcement.  Once the new alert is implemented, radio and TV broadcasters … Continue Reading

FCC Permits Limited Blocking to Curb Unlawful Robocalls; Challenge Process, Effectiveness Teed Up for Further Evaluation

At the November Open Meeting of the Federal Communications Commission (“Commission” or “FCC”), Commissioners approved a Report and Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”) that targets a high-priority issue for Chairman Pai – curbing illegal telemarketing and other calls.  Acting with unusual speed (at least, by the standards of past Commissions), the … Continue Reading

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its class waiver from the FCC’s accessibility requirements (“Petition”). Specifically, ESA seeks waiver from the 21st Century Communications and Video Accessibility Act’s (“CVAA”) requirement … Continue Reading

October 2017 FCC Meeting Recap: FCC Proposes to Implement Nationwide Number Portability

The Federal Communications Commission (“FCC” or “Commission”) voted unanimously at its October Open Meeting to initiate a notice of proposed rulemaking (“NPRM”) and a notice of inquiry (“NOI”) on how to facilitate nationwide number portability (“NNP”), an issue it last addressed after the passage of the 1996 Telecommunications Act (the “Act”).  According to the Commission, … Continue Reading

FCC Proposes to Auction Desirable 833-prefix Numbers, Allow the Sale of Toll Free Numbers

The Federal Communications Commission (“FCC” or the “Commission”) adopted a Notice of Proposed Rulemaking (“NPRM”) at its September Open Meeting that proposes significant changes to not only the methodology for assigning toll-free numbers but also the management of the toll free number assignment process.  The principal proposal in the NPRM is to use an auction … Continue Reading

FCC Proposes Exempting Non-Nationwide Providers From Wireless Hearing Aid Compatibility Reporting Requirement

The Federal Communications Commission (“Commission”) voted unanimously at its Open Meeting on September 27, 2017 to approve a Notice of Proposed Rulemaking (“NPRM”) that proposes exempting certain types of wireless providers from the hearing aid compatibility (“HAC”) reporting requirements.  The NPRM outlines possible revisions to the wireless HAC rules that would “reduce unnecessary regulatory burdens, … Continue Reading

FCC Seeks to Create Uniformity in Formal Complaint Processes

This week, the Federal Communications Commission (“FCC” or “Commission”) released a Notice of Proposed Rulemaking (“NPRM”) to increase uniformity among several diverse sets of FCC complaint procedures.  Today, there are three different mechanisms for complaints handled by either the Market Disputes Resolution Division (“MDRD”) or the Telecommunications Consumers Division of the Enforcement Bureau regarding common … Continue Reading

Communications Service Providers Asked to Adopt the FCC CSRIC Guidance on Signaling System 7 Vulnerability Reduction

Last week, the FCC’s Public Safety and Homeland Security Bureau released a Public Notice (“Notice”) urging communications service providers to review and assess how they can incorporate the recommendations from Communications Security, Reliability, and Interoperability Council (“CSRIC”) V, Working Group 10 March 2017 Report to abate security signaling system 7 (“SS7”) protocol vulnerabilities(the “SS7 Report”).  SS7 … Continue Reading

August 2017 FCC Meeting Recap: Commission Sets Reverse Auction Procedures for CAF Phase II Auction

At its August Open Meeting, the Federal Communications Commission (FCC) approved a Public Notice (“Notice”) that addresses the procedures for its upcoming Connect America Fund (“CAF”) Phase II auction (“Auction” or “Auction 903”), scheduled to begin in 2018. Auction 903 will be a competitive reverse auction wherein service providers will compete for up to $1.98 billion … Continue Reading

July 2017 FCC Meeting Recap: FCC Approves Expanded Rules for Radar Services in the 76-81 GHz Band and Plans to Phase Out Other Vehicular Radar Operations

In its July Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) adopted new rules in a Report and Order (“R&O”) to allow a more flexible, streamlined approach for certain radar operations in the 76-81 GHz band. The R&O modifies the applicable rules to increase access for enhanced safety vehicular, fixed, and mobile radar applications … Continue Reading

July 2017 FCC Meeting Recap: FCC Expands Video Described Programming Requirement

In advance of its July Open Meeting, the Federal Communications Commission (Commission) unanimously adopted a Report and Order (Order) that revises the rules requiring certain video programming providers to make video described programming available for access by Americans who are blind or visually impaired. The new rules expand the Commission’s existing requirements by increasing the required … Continue Reading

What to Expect at the FCC’s July 2017 Open Meeting

Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017.  Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items.  Indeed, for the sixth month in a … Continue Reading

June 2017 FCC Meeting Recap: FCC Adopts Rules to Govern State Opt-out of FirstNet Plan

At its June 2017 Open Meeting, the Federal Communications Commission’s (“FCC” or “Commission”) unanimously approved a process to review the alternative plans of States and Territories (“States”) that seek to opt out of the First Responder Network Authority (“FirstNet”) plan for the radio access network (“RAN”) portion of the nationwide public safety broadband network (“NPSBN” … Continue Reading

June 2017 FCC Meeting Recap: FCC Seeks to Exempt Threatening Calls from Ability to Mask Number Using Caller ID Privacy Protections

At its June 22, 2017 Open Meeting, commissioners of the Federal Communications Commission (FCC) voted to start a proceeding that will consider proposed changes to the agency’s rules regarding Caller ID privacy. Specifically, the FCC’s notice of proposed rulemaking (“NPRM”) proposes to revise its rules in section 64.1601 to allow law enforcement and interested parties … Continue Reading

FCC Takes No Enforcement Action Despite Report Finding that Avoidable Failures Led to AT&T Mobility 911 Outage

  On May 18, 2017, at the Federal Communication Commission’s (“FCC” or “Commission”) May Open Meeting, the Public Safety and Homeland Security Bureau (“Bureau”) presented its final report on its investigation into the VoLTE 911 outage experienced by AT&T Mobility (“AT&T”) on March 8, 2017 (“the Report”).  The Bureau offered a strong critique of AT&T, … Continue Reading

Client Advisory: FCC Explores How to Speed Next Generation Wireline Broadband Deployment in New Proceeding

On April 20, 2017, the Federal Communications Commission (“Commission” or “FCC”) initiated three interrelated proceedings in new WC Docket No. 17-84 that aim to “better enable broadband providers to build, maintain, and upgrade their networks” and transition from legacy copper networks to next-generation networks and services. The docket consists of three interrelated parts: a Notice … Continue Reading

Client Advisory: The FCC Initiates Close Look at Wireless Infrastructure Deployment and Investment Issues

At its April 20, 2017 Open Meeting, the Federal Communications Commission (“Commission” or “FCC”) initiated two proceedings to review ways in which the Commission might alleviate obstacles wireless providers face at the state, local, and Tribal levels when trying to install new or upgrade existing wireless infrastructure. FCC Chairman Ajit Pai welcomed new ideas for “updating … Continue Reading
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