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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

On December 18, join Special Counsel Brad Currier and the FCBA Enforcement Committee for a discussion with FCC leaders about the Enforcement Bureau’s approach to handling confidentiality requests for information provided during investigations as well as potential confidentiality issues arising in ex parte and FOIA matters. Brad and the panelists will discuss the requirements for

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

Headlining the FCC’s next open meeting, scheduled for November 18 is an item to adopt proposed rules to reallocate the 5.9 GHz band. The FCC would repurpose the lower 45 megahertz of the band for unlicensed use, while retaining the upper portion of the band for Intelligent Transportation Systems (“ITS”) operations and transitioning to Cellular Vehicle-to-Everything (“C-V2X”) technology. The Commission plans to seek additional comment on proposed technical rules for outdoor unlicensed use and on implementation timelines for transitioning to C-V2X. The November meeting will also consider two satellite items. The FCC plans to streamline its satellite licensing rules by creating an optional unified license system for satellite and earth station operations, and will propose a new allocation in the 17 GHz band for Fixed Satellite Service (“FSS”) space-to-Earth downlinks. Additionally, the Commission will propose expanding the contribution base for the Telecommunications Relay Services (“TRS”) Fund.

FCC regulatory will likely slow in the aftermath of the election and with an upcoming change in Administration. However, the Commission tees up two new rulemaking proceedings with the November agenda, signaling that the FCC may still be moving forward with policy initiatives  going into a transition period. You will find more details on the most significant November meeting items after the break:


Continue Reading FCC Highlights Reallocating the 5.9 GHz Band at November Open Meeting

The FCC announced the agenda for its last Open Meeting before the upcoming 2020 general election, scheduled for October 27, 2020. The FCC first plans to respond to the remand from the U.S. Court of Appeals for the D.C. Circuit on its Restoring Internet Freedom Order. The Commission will address three issues sent back to the agency for further consideration and largely reiterate its original conclusions regarding the impact of its reforms on public safety, pole attachments, and the Lifeline program. The Commission also plans to finalize its proposed 5G Fund with a two-phase reverse auction to target support for the deployment of 5G networks in rural areas, establishing a ten-year support term and a $9 billion overall budget. The October meeting will also consider allowing unlicensed white space devices to operate on broadcast television channels, as well as streamlining the state and local approval processes for wireless tower modifications. Lastly, the FCC plans to eliminate certain unbundling and resale requirements for incumbent local exchange carriers.

Unlike most monthly Commission meetings, none of the items on the October agenda initiate new proceedings or propose new rules. Instead, the items focus on implementation of a number of policies prioritized under Chairman Pai. FCC regulatory activity will likely slow in the aftermath of the election. As a result, the October agenda may represent the FCC’s final push for any major reforms in the near-term. However, on October 15, Chairman Pai did announce his intention to move forward with a rulemaking to interpret the meaning of Section 230 of the Communications Decency Act. You will find more details on the significant October meeting items after the break:


Continue Reading FCC Plans to Finalize Internet Reform, 5G Fund, and TV White Spaces at October Open Meeting

In this edition of Full Spectrum’s recurring series on FCC enforcement, Partner Steve Augustino and Special Counsel Brad Currier feature a “decision of the month” illustrating key FCC enforcement trends. For September, they cover the proposed fine against BarrierFree, where the FCC took a hard look at broadband reporting requirements and the continuing violation theory.

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

Please join us on September 17 for an overview of the FCC’s Rural Digital Opportunity Fund (“RDOF”), the agency’s largest universal service high-cost program designed to support broadband deployment in unserved areas. One year after the RDOF’s Notice of Proposed Rulemaking, the FCC is preparing for the Phase I auction of up to $16

At its July 16, 2020 meeting, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking (“R&O and FNPRM”) to facilitate development of new broadband deployment maps and data sets. According to the R&O and FNPRM, the item furthers the Commission’s ongoing Digital Opportunity Data Collection (“DODC”) efforts and the requirements established in the Broadband Deployment Accuracy and Technological Availability Act (“Broadband DATA Act”) passed in March 2020.

As detailed in the R&O and FNPRM, the Commission will require fixed and mobile broadband providers to report more precise broadband availability and service information than required under the current FCC Form 477 filings. Separately, the Commission will create a nationwide database containing geocoded locations for all areas where broadband connections can be installed—the Broadband Serviceable Location Fabric (“Fabric”). The Commission will use the Fabric to create publicly-available maps showing areas across the country that are served and unserved by broadband service. Among the expected benefits, the new broadband deployment data collection and mapping framework will allow the Commission to better target Universal Service Fund support, which has been a hot-button issue since the agency mothballed Phase II of the Mobility Fund in 2018 after the accuracy of mobile wireless coverage maps was called into question.


Continue Reading FCC Maps Out Requirements for Broadband Deployment Data Collection Framework

The FCC plans to focus on “bread and butter” issues of broadband deployment and expanding commercial spectrum use at its next meeting, scheduled for June 9, 2020. Specifically, the FCC anticipates adopting final auction procedures for Phase I of the Rural Digital Opportunity Fund (“RDOF”), which will provide up to $16 billion over 10 years to support broadband deployment in rural and other hard-to-serve areas. Rejecting calls for delay during the ongoing COVID-19 pandemic, the FCC would commence the auction on October 29, 2020. The FCC also would address bidding area, performance requirement, and letter of credit issues that drew heated debate at the rulemaking stage. In addition, the FCC anticipates seeking comment on rule changes to expand use of high-band spectrum in the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands (“70/80/90 GHz Bands”) to support wireless 5G backhaul and other services. The 70/80/90 GHz Bands proposal is just the latest in a slew of FCC actions designed to open up more spectrum for commercial use, and would seek input on technical and operational rules to avoid interference to incumbent operations. Rounding out the major June items, the FCC plans to clarify key timeframes and criteria for state and local reviews of requests to modify existing wireless infrastructure to remove purported barriers to network improvements.

Covering the gamut of network funding, spectrum resources, and construction, the June meeting items will impact nearly all providers of 5G and other next-generation technologies and deserve close attention. You will find more information on the significant June meeting items after the break:


Continue Reading FCC Plans to Finalize Phase I RDOF Auction Procedures and Explore 5G Use of High-Band Frequencies at June Meeting