The FCC released a streamlined agenda for its next Commission Open Meeting, scheduled for December 14, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry regarding how to improve the clarity and accessibility of Emergency Alert System (“EAS”) visual messages to the public, including persons who are deaf or hard of hearing, and to seek comment on other EAS improvements, such as redesigns to enable matching visual and audio alert content (“EAS NPRM”). The FCC will next address an Order and Notice of Proposed Rulemaking that would grant a petition for rulemaking filed by Space Exploration Holdings, LLC (“SpaceX”) to amend the spectrum sharing rules applicable to non-geostationary satellite orbit, fixed-satellite service (“NGSO FSS”) systems (“Satellite Spectrum Sharing NPRM”). The commissioners will close the meeting by considering a NPRM that would propose to establish a central bidding portal through which service providers would submit their bids to the E-Rate program administrator, the Universal Service Administrative Company (“USAC”) (“E-Rate NPRM”).

You will find more information about the items on the December meeting agenda after the break:


Continue Reading FCC’s December Meeting Agenda Includes Emergency Alerts, Satellite Broadband and E-Rate Items

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

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

As the COVID-19 pandemic rapidly unfolds, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers, extensions, and other regulatory relief. Kelley Drye’s Communications Practice Group is tracking these actions and what they mean for communications service providers and their customers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business and the communications industry. Click on the “COVID-19” blog category for previous updates.

If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Communications Service Providers Need to Know – May 18, 2020

At its January 30 Open Meeting, the FCC approved a Notice of Proposed Rulemaking (“NPRM”) that would require wireless handset manufacturers to comply with the 2019 version of the American National Standards Institute (“ANSI”) technical standard for hearing aid compatibility. With the proposed changes, wireless handset manufacturers and wireless service providers, including resellers, would be required to offer hearing aid compatible (“HAC”) handsets designed to comply with the new standard as part of their product portfolio. Comments on the NPRM will be due 30 days after publication in the Federal Register and replies will be due 45 days after publication, which has not yet occurred.
Continue Reading FCC Proposes Updated Hearing Aid Compatibility Standard for Wireless Handsets

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

The FCC issued a Public Notice on December 26, 2018 seeking input on a petition from General Motors Holding LLC (“GM”) that requests partial waiver of the interoperability functionalities for accessible real-time text (“RTT”) technology, as defined by the FCC. GM intends to launch an autonomous vehicle (“AV”) ride-hailing service in the near future that will include real time voice communication capability that riders can use to communicate with customer support. GM will also use RTT for such communications and GM seeks to be exempted from certain required RTT interoperability features based on planned limitations of the communications.

Comments on the Public Notice are due by January 25, 2019; and reply comments are due by February 11, 2019.


Continue Reading FCC Seeks Comment on GM Request for Waiver of RTT Requirements for Autonomous Vehicle Chat Feature

On August 23, 2016, the FCC issued a Public Notice seeking comment on the Consumer and Governmental Affairs Bureau’s tentative findings about the accessibility of communications technologies, which will be included in this year’s biennial report to Congress on the 2010 Twenty-First Century Communications and Video Accessibility Act (CVAA) (Biennial Report).  This will be the third such report, following earlier reports in 2012 and 2014.  Comments are due September 7, 2016.

Continue Reading FCC Seeks Comment on Disabilities Access Findings

Kelley Drye Telecommunications paralegal Jennifer Rodden contributed to this post.

Earlier this year, a coalition of e-reader manufacturers (Amazon, Kobo and Sony Electronics) petitioned for waiver from the disabled access requirements applicable to Advanced Communications Services (“ACS”) under the 21st Century Communications and Video Accessibility Act of 2010 (“CVAA”). The Coalition seeks a class waiver