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

Recent natural disasters like Hurricane Ida have highlighted the importance to the Federal Communications Commission (“FCC” or “Commission”) of stable communications networks. Such disasters can cause disruptions and delays to the transmission of 911 calls, first responder communications, Emergency Alert Systems (“EAS”), and other important communications during emergencies. The FCC adopted a Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposed rules to improve the resilience and reliability of communications networks during emergencies at its September Open Meeting. The NPRM was published in the Federal Register on November 4, 2021 and therefore comments are due on December 6, 2021, and reply comments are due on January 4, 2022.

Continue Reading Early December Deadline for Comments on FCC’s Resilient Networks NPRM

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 Open Meeting, scheduled for May 20, 2021 and led by Acting Chairwoman Jessica Rosenworcel, includes four agenda items and two enforcement actions. First, the FCC will consider a Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking (“FNPRM”) that will lower interstate rates and charges, limit international rates, and seek comment on further reforms to the FCC’s calling services rules for inmate calls. Second, the FCC will consider a Notice of Proposed Rulemaking (“NPRM”) and Order to set Telecommunications Relay Services (“TRS”) Fund compensation rates for video relay service (“VRS”). Third, the FCC will consider a Further Notice of Proposed Rulemaking to combat robocalls by accelerating the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework. Fourth, the FCC will consider an Order on Reconsideration to allow certain affiliates of merging companies that receive model-based and rate-of-return universal service support to be excluded from a “mixed support” merger condition cap.

You will find more details about these items on the May meeting agenda after the break.

Continue Reading FCC’s May Open Meeting Addresses Prison Phone Rates, Video Relay Service Rates, Robocall Restrictions, and Mixed Universal Service Fund Support Transaction Conditions

On May 10, 2021, the FCC unanimously adopted final rules in a Report and Order to implement the $7.17 billion Emergency Connectivity Fund Program (“ECF Program”). The ECF Program is a fund that enables “schools and libraries to purchase laptop and tablet computers, Wi-Fi hotspots, and broadband connectivity for students, school staff, and library patrons in need during the COVID-19 pandemic.” The ECF Program was funded by the American Rescue Plan Act of 2021 signed by President Biden in early March. Along with the Emergency Broadband Benefit Program (“EBB Program”), the ECF provides significant, pandemic-related expenditures addressing the digital divide, funded outside of the existing federal Universal Service Fund programs.

With these rules, the FCC sets in motion a process for schools and libraries to receive funding for 100% of purchases to provide remote learning and remote library services during the pandemic.  This fund will be a significant one-time opportunity for applicants and service providers and is expected to see high demand for funding.

Continue Reading FCC Meets Statutory Deadline, Adopts Report and Order Establishing Emergency Connectivity Fund Program Rules

The FCC Open Meeting, scheduled for April 22, 2021 includes several items of interest. During the April meeting, the third meeting led by Acting Chairwoman Jessica Rosenworcel, the FCC will consider seven agenda items plus an enforcement order. The items include two emergency service items — a Further Notice of Proposed Rulemaking (“FNPRM”) to examine expanding the National Suicide Prevention Lifeline to support text messaging to 988 — and a Third Notice of Proposed Rulemaking to promote public safety by ensuring that 911 call centers and consumers are notified of disruptions to 911 service in a timely manner. The FCC will also consider a Notice of Proposed Rulemaking to permit licensed wireless microphone users to operate a new wireless microphone technology called Wireless Multi-Channel Audio System (“WMAS”) technology on frequencies already available for Part 74 licensed wireless microphone operations in certain bands. Finally, the Commission will consider an enforcement item at its meeting, but, as is the custom with enforcement actions, the subject of the enforcement and the nature of the action is not disclosed prior to the vote on the item.

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

Continue Reading FCC’s April Open Meeting Focuses on Emergency Services and Wireless Microphones