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
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
What to Expect at the FCC’s July 2017 Open Meeting
Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017. Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items. Indeed, for the sixth month in a row, the Commission has six or more items on its agenda. This month, the agenda consists of eight items, two Notices of Proposed Rulemaking, two Notices of Inquiry, two Reports and Orders, and one Order on Reconsideration.
Each agenda item is summarized below. Note: these brief summaries are based on draft items, which may differ from the final items released following the Open Meeting. Please check with Kelley Drye after the meeting for more information on the items below.
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FCC Eases Restrictions on Broadband Deployment Support for Rate-of-Return Carriers; Faces Challenges to Connect America Fund Phase II Auction
As part of its continued focus on accelerating broadband deployment, the Federal Communications Commission (FCC) eased restrictions on its universal service support for deployments by rate-of-return carriers in rural and other high-cost areas. In a unanimous Order on Reconsideration issued at its April meeting, the FCC found that the restrictions drove providers to exclude high-cost areas from planned deployments, “stranding” communities without broadband. Rate-of-return carriers will be able to receive support for broadband deployments up to certain thresholds, so long as they cover any additional expenses themselves. Rate-of-return carriers should factor in this potential support when assessing broadband deployment plans or expanding existing buildouts. As for providing support in areas served by price cap incumbent carriers, the FCC faces challenges to its recent order on instituting the Connect America Fund (CAF) Phase II auction, under which it will provide support to deploy broadband in unserved areas where the price cap carriers did not elect receive support. Comments on the CAF challenges are due on May 18, 2017, with replies due on May 29, 2017.
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The FCC Fines Straight Path $ 100 Million for Failing to Meet License Obligations
Last week, the Enforcement Bureau (“EB”) of the Federal Communications Commission (“FCC” or the “Commision”) reached a $ 100 million Consent Decree with Straight Path Communications Inc (“Straight Path” or “The Company”) for fraudulently violating FCC buildout and discontinuance rules with respect to their licenses in the 28 GHz and 39 GHz spectrum bands. Under
Please Join Us on March 24 at 12 PM ET for a Free Webinar: What Your Company Needs to Know About the FCC’s Open Internet Order
On March 12th, the FCC released its long-awaited 2015 Open Internet Order. In brief, the order reclassifies broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act, imposes three bright-line “Open Internet” rules, enhances the transparency rule, adopts a forward-looking reasonable conduct standard for service provider conduct, and forbears from applying a number of provisions of Title II. The rules apply equally to fixed and mobile BIAS providers, including resellers (e.g., MVNOs). The order is undoubtedly a landmark decision that changes dramatically, the FCC’s role with respect to consumer protection, the Internet, and the many business models that utilize the Internet in one way or another.
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FCC Enforcement Advisory: Open Internet Transparency Rule
On July 23rd, the FCC issued an important Enforcement Advisory about compliance with the Open Internet Transparency Rule, which sets forth the information broadband Internet access service providers must disclose. If you provide fixed or mobile broadband Internet access service — which is defined as service to mass market retail customers, including small
Supreme Court Backs Broadcasters Over Aereo, But There’s More to Come
In a 6-3 decision today, the Supreme Court of the United States held that Aereo’s “watch” streaming service of television broadcasting channels violated the Copyright Act. The decision is a setback for the start-up, but a victory for television broadcasters, including ABC, CBS, NBC, and Fox, each of which sued the company for copyright
FCC Will Examine Transition to All-IP Networks through Voluntary Service-Based Experiments and Rural Broadband Trials
Today, the FCC adopted a series of steps intended to solicit proposals from communications providers to conduct service-based experiments to explore the transition to all-Internet Protocol (“IP”) networks. Chairman Wheeler described today’s actions as “a big deal” and “an important moment.” He and the other Commissioners emphasized that the experiments would be completely voluntary, will
FCC Allocates Another $485 Million in Connect America Fund Phase I Support for Price Cap LECs
The FCC’s November 18, 2011 USF/ICC Transformation Order established the Connect America Fund (CAF) and provided for two phases of funding for expanding broadband coverage to unserved locations. The Commission allocated $300 million for CAF Phase I support that was offered to price cap local exchange carriers (LECs) to deploy broadband to locations unserved by fixed, terrestrial Internet access with speeds at a minimum of 768 kbps downstream and 200 kbps upstream. In July 2012 the price cap LECs accepted only $115 million of the $300 million allocated. On May 22, the FCC released an order offering the price cap LECs another $300 million for 2013, as well as the $185 million that was left on the table last year. Carrier elections are due within 75 days of the order, or by August 5, 2013. There are, however, a few key differences in this year’s proposal:
Continue Reading FCC Allocates Another $485 Million in Connect America Fund Phase I Support for Price Cap LECs