Our “Tuning into Spectrum” podcast series takes a close look at hot topics and issues in radio spectrum. Recently, in a letter to Senator Kennedy (R-LA), Chairman Pai stated that he intends to conduct a public auction of the 3.7-4.2 GHz spectrum range (commonly referred to as the C-Band) that would clear 280 megahertz for
At its Open Meeting on January 30, the FCC adopted a Report and Order (“Order”) making video relay service (“VRS”) calls that use communications assistants (“CAs”) that work from home (as opposed to at a call center) eligible for compensation from the Telecommunications Relay Service (“TRS”) Fund. According to the FCC, this change will afford VRS providers more flexibility in the type of CAs they can employ, which will improve the efficiency and effectiveness of this service for consumers with hearing or speech disabilities. All VRS providers must comply with new safeguards and any applicants to be a VRS provider will need to request authorization to use at-home CAs and include a proposed compliance plan.
Continue Reading FCC Makes Remote VRS Call Assistants Pilot Program Permanent
At its November Open Meeting, the FCC approved a Report and Order (“Order”) that expands the contribution base for IP captioned telephone service (“CTS”), supported by the telecommunications relay service (“TRS”) Fund, to include intrastate voice communications services. Currently, only interstate voice providers (telecommunications and VoIP) are required to contribute a portion of their end-user revenues to support the TRS Fund. The Order extends that responsibility to providers with intrastate revenues. This rule change, which will be effective for the TRS Fund Year 2020-21, is intended to address an imbalance in the financial obligation on interstate versus intrastate voice providers to support IP CTS costs, which has experienced an approximately $745 million increase from 2013 to the current funding year.
Continue Reading TRS Fund Contributors to Pay on Intrastate Revenues to Support IP Captioned Telephone Service
The FCC plans to follow last month’s major 911 location accuracy item with another significant public safety rulemaking at its next meeting scheduled for December 12, 2019. Under the FCC’s plan, all telecommunications carriers and interconnected VoIP service providers would be required to transmit calls to 988 to 24-hour crisis services maintained by the Department of Health and Human Services and the Department of Veterans Affairs. In addition, the FCC anticipates launching two rulemakings aimed at opening up more mid-band spectrum for commercial and unlicensed uses to meet growing consumer demand for wireless broadband. The meeting agenda also includes an item addressing contentious issues surrounding intercarrier switched access charges. Moreover, the FCC will vote on three enforcement actions at the December meeting. Although, per normal practice, the agency provided no specifics on the planned enforcement actions, enforcement meeting items normally entail large fines in high-profile FCC focus areas like robocalling. While not as jam-packed as prior meetings, the December agenda underscores the FCC’s steadfast focus on public safety and spectrum reallocation in 2019.
You will find more information on the most significant proposed December meeting items after the break:
The FCC plans to prohibit the use of Universal Service Fund (“USF”) support to purchase equipment or services from foreign entities that it determines pose national security risks at its next meeting scheduled for November 19, 2019. As we previously reported, the ban may severely impact participants in all federal USF programs and involve a costly “rip and replace” process to remove foreign-made equipment from domestic telecommunications networks. The FCC also expects to move forward on its heavily-anticipated E911 vertical accuracy (i.e., z-axis) proceeding and adopt new requirements for wireless carriers to better identify caller locations in multi-story buildings. Rounding out the major actions, the FCC anticipates proposing new rules for suspending and debarring entities from participating in USF and other funding programs; removing longstanding unbundling and resale requirements for certain telecommunications services; and widening the contribution base for the Internet Protocol Captioned Telephone Service (“IP CTS”) to include intrastate revenues.
The draft items cover the gamut of telecommunications issues, affecting everything from the construction of next-generation 5G networks to legacy intercarrier competition rules, and should be closely watched. You will find more details on the most significant November FCC meeting items after the break:
The FCC adopted an Order on Reconsideration at its October 25, 2019 meeting modifying the broadband performance testing requirements for service providers receiving Connect America Fund (“CAF”) high-cost support. Under the Order, the FCC will delay the start of testing for many CAF recipients to better align with network deployment deadlines. The FCC also will create a “pre-testing” period to allow CAF support recipients time to assess how their networks and testing equipment perform without penalty before official testing begins. In addition, the FCC will provide more flexibility for certain testing procedures to reduce the burden on smaller service providers. The Order impacts every CAF program and deserves a close look, not only by service providers that currently receive CAF support but also by those that plan to seek such support through future programs like the Rural Digital Opportunity Fund. The Order is just the latest in a long line of reforms to the CAF since its creation nearly a decade ago and shows that the FCC still is willing to tinker with its high-cost programs to meet its broadband deployment goals.…
Continue Reading FCC Modifies CAF Broadband Performance Testing Requirements
Last week, the FCC announced its tentative agenda for its upcoming October 25, 2019 open meeting and released drafts of the items on which the commissioners will vote. There is a notable lack of a spectrum item on the agenda, as Chairman Pai does not appear ready yet to address the pending mid-band spectrum proceedings (including C-Band and 6 GHz). In addition, while the items will address themes that have been consistent throughout Ajit Pai’s chairmanship, like bridging the digital divide and removing unnecessary regulatory burdens, there does not appear to be a particular common theme among the items on the agenda. We have not been able to come up with a way to weave a Halloween theme into the agenda either, but at least the Chairman’s blog did take time out to wish the Nationals good luck in their series with the Dodgers. Those well wishes appear to have paid off!
You will find more details on some of the most significant October meeting items after the break:
At its Open Meeting on Thursday (September 26), the FCC will be set to adopt a Public Notice that seeks comment on bidding procedures for Auction 105 – the long-anticipated auction of Priority Access Licenses (“PALs”) in the 3550-3650 MHz (“3.5 GHz”) band. According to a draft of the Public Notice released in early September, the Commission will auction seven unpaired 10-megahertz channels in each county-based license area for a total of 22,631 PALs nationwide. The Public Notice also seeks comment on allowing bidders the option to bid at a Cellular Market Area (“CMA”) level in the 172 top CMAs that incorporate multiple counties and are classified as Metropolitan Statistical Areas (“MSAs”). We identified this “package bidding” as a potential cause for dispute at this bidding procedures stage in our November 5, 2018 post on the Report and Order that modified the 3.5 GHz Band licensing regime.
Continue Reading FCC Will Seek Comment on Auction Procedures for 3.5 GHz PALs
At its July Open Meeting, the FCC adopted a Notice of Proposed Rulemaking (“NPRM”) to propose a pilot program within the Universal Service Fund (“USF”) to support broadband connections for telemedicine, or “connected care” for low-income Americans and veterans. Healthcare-related items have received a great deal of attention at the FCC recently, as the agency also adopted an order, which has not yet been released, at its August Open Meeting last week to reform its Rural Health Care Program to focus on telehealth in rural areas. The Connected Care NPRM proposes a three-year pilot at a cost of $100 million to be collected from USF assessments separate from the other USF programs. The NPRM was championed by Commissioner Carr and supported by all five FCC commissioners, although Commissioner O’Rielly expressed some reservations with the fact that the pilot would assess another $100 million on USF ratepayers outside of the individual program caps or budgets. His concerns likely relate to the fact that, at the same time, he is trying to advance a proposal to place an overall cap on the USF, which has received significant opposition. Last week, the Connected Care NPRM was published in the Federal Register, triggering a comment deadline of August 29th and a reply deadline of September 30th.
Continue Reading FCC Proposes $100 Million Telemedicine Pilot
Even with the dog days of summer upon us, the FCC shows no signs of slowing down on its policymaking priorities in a jam-packed agenda for its next open meeting on August 1, 2019. Headlining the agenda is a proposal to establish a Rural Digital Opportunity Fund (“RDOF”) offering $20.4 billion over a decade to support high-speed broadband deployment to unserved areas. The RDOF would eventually replace the FCC’s Connect America Fund (“CAF”) as the agency’s primary universal service program for high-cost areas. The areas receiving RDOF support would be determined by a new agency-led information collection, requiring more granular service data from broadband providers. As with the CAF, the RDOF proceeding is sure to engender debate in the broadband industry about the appropriate performance benchmarks, auction bidding rules, and data collection mechanisms. In addition to the RDOF, the FCC also plans to adopt items at the August meeting to reform how it allocates Rural Health Care Program funding; streamline licensing procedures for small satellite systems (otherwise known as “smallsats”); establish procedures for the auction of new toll free numbers; implement 911 direct dial and location information requirements on multi-line telephone systems (“MLTS”) often found in offices, hotels, and college campuses; expand the agency’s anti-spoofing rules; and limit the franchise fees placed on cable operators.
The August agenda items impact all corners of the telecommunications industry. You will find more details on some of the most significant August meeting items after the break: