On this episode of Full Spectrum, we continue our coverage of the Federal Communications Commission’s April Open Meeting. Specifically, Partner Chip Yorkgitis will provide an overview of the FCC’s adoption of a Policy Statement addressing spectrum management principles that will guide the Commission in future spectrum proceedings. Chip will also summarize a Report and Order
FCC Considering Major Changes to Section 214 Application and Authorization Rules
On April 25, 2023, the Federal Communications Commission “(FCC” or Commission”) released a Notice of Proposed Rulemaking (“NPRM”) that foreshadows a potentially radical revision to the regulatory framework governing the provision of international telecommunications services. Such services are regulated under Section 214 of the Communications Act of 1934 (“Section 214”), and the FCC’s rulemaking is considering changes to almost every aspect of the authorization lifecycle. If the proposed rules are largely adopted, following public comment and follow-on lobbying in the coming months, the result will be a substantially increased compliance burden for international telecommunications carriers which may complicate their investment and transactional strategies. Right now, this is a situation of a few “knowns” and a lot of open questions. (Note that the NPRM generally does not propose rule changes with regard to domestic (i.e., interstate) Section 214 authority obligations.)
Accompanying the NPRM was an Order that mandates a one-time data request for ownership information to all holders of international Section 214 authority. See our FAQs document describing the Order. The response deadline is not yet known as the Office of Management and Budget must first complete a review of the Order’s information collection obligations. The response deadline will be at least thirty days after the OMB review is completed as announced in the Federal Register.
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FAQs on FCC’s Mandatory Information Collection Requirement for All International Section 214 Carriers
The Federal Communications Commission (“FCC”) adopted an Order on April 20, 2023 imposing a one-time ownership-related data request to which all holders of international Section 214 authority must respond. The due date for affected carriers to respond is not yet known and will be established after review and approval of the FCC’s Order by the
USF News: U.S. Court of Appeals Fifth Circuit Decision in Consumers’ Research v. FCC
On March 24, 2023, in Consumers’ Research v. FCC, the U.S. Court of Appeals for the Fifth Circuit issued a Decision (No. 22-60008) upholding the constitutionality of Congress’s delegation of administration of the Universal Service Fund (USF) to the FCC and the FCC’s subsequent reliance on Universal Service Administrative Company (USAC) for support USF
This Week in NPRMs: Unmanned Aircraft Systems and Data Privacy
This week on the Full Spectrum podcast, Communications partner Chip Yorkgitis discusses the FCC’s recent Notice of Proposed Ruling on Unmanned Aircraft Systems (0:51:-15:16), and Privacy partner Aaron Burstein discusses the recent NPRM on data security (15:17-26:49). (At the time of recording, the UAS NPRM had not yet been published in the Federal Register establishing
Sorting Out the Multi-Step Phase-In of the FCC’s February 2022 Multi-Tenant Environment Order
On April 27, 2022, the Federal Communications Commission’s February 2022 Report and Order and Declaratory Ruling adopting rules proscribing or conditioning certain practices by common carriers and multichannel video programming distributors (“MVPDs”) as they serve multiple tenant environments (“MTEs”) takes partial effect. The Report and Order and Declaratory Ruling complement earlier actions by the Commission taken more than fifteen years ago prohibiting telecommunications carriers from entering into or enforcing exclusivity contracts with MTE owners in both commercial and residential MTEs prohibiting certain MVPDs from entering into or enforcing exclusivity contracts with residential MTE owners. Generally, the new rules adopted this year prohibit providers from entering into certain types of revenue sharing agreements with MTE owners, and require affected providers to disclose the existence of exclusive marketing arrangements they have with MTE owners in simple, easy-to-understand language. With the March 28, 2022, publication of the Report and Order in the Federal Register, it generally goes into effect on April 27, but there are exceptions which delay the effectiveness of some of the key provisions which providers should be aware of, pushing out compliance of parts of the new rules to September 26, 2022, and possibly even later.
A few points regarding the scope of the new rules may be helpful. The term MTE includes both commercial and residential premises, such as apartment buildings, condominium buildings, shopping malls, or cooperatives occupied by multiple tenants, but, in the case of the proscriptions described here, MVPDs are affected only in residential MTEs whereas common carriers are affected in all MTEs. MVPDs include cable operators, satellite cable programming vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendors. Broadband-only providers that do not meet the definition of common carrier or MVPD are not subject to the new rules.
FCC Open Meeting Recap Podcast: April 21, 2022
Full Spectrum’s FCC Open Meeting Recap podcasts 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, Partner Chip Yorkgitis will discuss key actions and topics from the April 21st meeting, including a look at the role receiver performance policies or
FCC Open Meeting Recap Podcast: March 16, 2022
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
Looking to the Skies: The FCC Seeks Additional Information on Potential Stratospheric-Based Communications Platforms and Services
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.
Continue Reading Looking to the Skies: The FCC Seeks Additional Information on Potential Stratospheric-Based Communications Platforms and Services
FCC Adopts Standard Questions to Facilitate Executive Branch Review of Applications Involving Foreign Interests in Applicants
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.