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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

At its September 30 Open Meeting, the FCC took new steps to address costs and service quality related to its IP Captioned Telephone Services (IP CTS) program in a Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking. IP CTS, a form of telecommunications relay service (TRS), allows individuals who have difficulty hearing but are speech-capable to use a telephone with an IP-enabled device to communicate over the Internet by simultaneously listening to and reading real-time captions of what th other party is saying.

The item adopted by the Commission builds on its earlier efforts to promote sustainability of the TRS fund, address potential waste, fraud, and abuse in the IP CTS program, and improve IP CTS service quality for users. These efforts began in a June 2018 order where the FCC adopted a new methodology to set compensation rates for IP CTS services based on a calculation of the costs to provide the services and new measures to limit incidents of unnecessary IP CTS use. At the same time, the Commission adopted a Notice of Inquiry (NOI) seeking comment on potential new standards for the provision of those services. The FCC’s reforms continued in a November 2019 order, where the Commission expanded the TRS Fund contribution base for IP CTS to include intrastate, in addition to interstate, end-user revenues. Following that, in February 2019, the FCC created new rules requiring IP CTS providers to submit user registration information to the existing video relay service (VRS) Database to limit program access to only those determined to be eligible to use IP CTS. The instant Report & Order extends the compensation methodology adopted in June 2018 and the FNPRM proposes new standards to measure and test the quality of captioning based of the NOI responses and input from the Disability Advisory Committee.


Continue Reading FCC Sets New Rates for IP CTS Compensation and Proposes New Minimum Service Standards

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

The FCC is slowing down from its busy summer going into August, with its next open meeting scheduled for August 6, 2020. Kicking off the meeting, the Commission anticipates adopting procedures for the auction of new flexible-use overlay licenses in the 3.7-3.98 GHz band (“C-band”), or Auction 107, which is scheduled to begin on December 8, 2020. The FCC would establish specific auction dates and procedures for the clock auction of 280 MHz of spectrum in the C-band. The agency will also consider an item on inmate calling services, responding to remands by the D.C. Circuit Court of Appeals and proposing comprehensive rate reform for inmate calling services. The remainder of the agenda focuses on eliminating and streamlining existing FCC rules. Specifically, the Commission will consider two actions aimed at streamlining broadcast rules that would eliminate the radio duplication rule for AM stations and eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. Finally, the Commission plans to repeal certain telecommunications relay service (“TRS”) rules that are no longer necessary given advances in technology since the rules were initially adopted.

You will find more details on the most significant August meeting items after the break:


Continue Reading FCC Previews C-Band Auction Procedures and Inmate Calling Services Reform for August Open Meeting

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 is moving full steam ahead this summer with a jam-packed agenda for its next open meeting, scheduled for July 16, 2020. Headlining the meeting is the creation of the National Suicide Prevention Lifeline, establishing 988 as the 3-digit dialing code for the suicide and mental health crisis hotline. All telecommunications carriers and VoIP providers would be required to implement 988 on their networks by July 16, 2022. The FCC continues to move forward on eliminating unwanted and illegal robocalls, planning to carve out safe harbors from liability for call blocking based on reasonable analytics and seeking comment on any additional obligations for blocking providers. The supply chain rulemaking would adopt the Commission’s prohibition on using universal service funds to support equipment or services provided by identified companies posing a national security threat, and propose further requirements for securing communications networks. The agency also plans to affirm and build upon vertical location requirements for enhanced 911 location accuracy and to establish procedures for enhanced broadband mapping and data collection. In addition, the agenda includes items to modernize the leased access rate formula and streamline and update the priority service program rules for emergency workers.

While FCC action historically dwindles going into an election year, the July agenda shows no signs of slowing down on the Commission’s main priorities. You will find more details on the most significant July meeting items after the break:


Continue Reading FCC Previews a Jam-Packed July Open Meeting with National Suicide Prevention Lifeline, Call Blocking, and Supply Chain Items Leading the Agenda

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

At its May Open Meeting on May 13, 2020, in addition to items on regulatory fees and broadcaster applications notices, the Commission will consider two spectrum related items designed to further expand wireless broadband opportunities. In a draft Report and Order to transition the 900 MHz Band, the Commission would make six of the ten megahertz between 896-901 and 935-940 MHz available on a paired basis for commercial broadband mobile services while reserving four megahertz for incumbent narrowband communications. The Commission would also establish a transition mechanism based on voluntary negotiations to move narrowband incumbents operations to the lower and upper portions of each sub-band. In a draft Second Report and Order, the Commission would add new Ku- and Ka-Band frequencies for Earth Stations in Motion (“ESIMs”) and allow ESIMs, which have always communicated with geostationary orbit (“GSO”) fixed satellite service (“FSS”) satellites, to also communicate with non-geostationary satellite orbit (“NGSO”) satellites orbiting closer to Earth.

Stakeholders in the 900 MHz and Ku- and Ka-Bands should closely examine these two items and the impact on their business. You will find more information on the key May meeting items after the break:


Continue Reading FCC Plans to Realign 900 MHz Land Mobile Band to Include Commercial Broadband Mobile Licenses and Expand Frequencies Available to Earth Stations in Motion at May Meeting