FCC or Federal Communications Commission

Earlier this year, we were asked to suggest 2021 resolutions for clients in the telecommunications, media, and technology industries. We developed several that should guide industry participants to improve their compliance and services to customers. Research suggests that February typically is the month when New Year’s resolutions fail, so we decided to take a look at our resolutions and offer some suggestions for making these stick.

To start, here is the first resolution we suggested for the industry:

Resolution for Voice Service Providers: Resolve to reduce illegal robocalls. Voice service providers long have supported the FCC’s ongoing efforts to target bad actors sending illegal and fraudulent robocalls, but in 2021, each carrier should resolve to do its part individually  in the battle to stop illegal calls. All voice service providers must implement the STIR/SHAKEN call authentication framework by June 30, 2021 and should develop an effective robocall mitigation program to prevent their customers from originating illegal robocalls. These changes are necessary to stay on the right side of the anti-robocall battle.  Each voice service provider should resolve to make reducing illegal robocalls a top priority.


Continue Reading A Look at Communications Industry New Year’s Resolutions: Reduce Illegal Robocalls

On February 9, Partner Steve Augustino will moderate a two-part Robocall Compliance panel at the INCOMPAS Policy Summit. Steve, along with FCC attorneys and other industry leaders, will discuss 1) Progress towards the implementation of STIR/SHAKEN and call authentication solutions for non-IP portions of voice service providers’ networks and upcoming compliance requirements related to provider

The FCC released the agenda for its next Open Meeting, scheduled for February 17, 2021, which will be the first with Acting Chairwoman Jessica Rosenworcel at the helm. The FCC plans to kick off the meeting with three presentations detailing the Commission’s progress in implementing programs designed to support broadband access and deployment. First, the FCC will hear a presentation on the creation of the Emergency Broadband Benefit Program, which will allow low-income consumers to receive discounted broadband services and devices. Second, the FCC will hear a presentation covering the agency’s next steps for its COVID-19 Telehealth program, which provides funding to health care providers to offer telehealth and connected care services to patients. Third, the FCC will hear a presentation on the agency’s efforts to improve its broadband mapping data, including through the Digital Opportunity Data Collection. Rounding out the meeting agenda, the FCC will consider proposed rulemakings that would modify the agency’s supply chain security rules and address 911 fee diversion in line with recent legislation.

The February meeting begins what is expected to be a busy 2021 for the FCC’s agenda. You will find more information about the meeting items after the break.


Continue Reading FCC Tees Up Broadband and Telehealth Updates for First Meeting under Acting Chairwoman Rosenworcel

Join Partner Chip Yorkgitis and the Wireless Communications Alliance for a look at how the spectral landscape continues to evolve and what to expect in 2021. On January 26 at 7:00 pm EST (4:00 PST), this virtual event will feature deep dives on the key spectral allocations at 3, 6 and 60GHz, review anticipated changes

On December 18, join Special Counsel Brad Currier and the FCBA Enforcement Committee for a discussion with FCC leaders about the Enforcement Bureau’s approach to handling confidentiality requests for information provided during investigations as well as potential confidentiality issues arising in ex parte and FOIA matters. Brad and the panelists will discuss the requirements for

For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is expected to resolve a widening Circuit split over what qualifies as an automatic telephone dialing system (“ATDS”) under the TCPA, 47 U.S.C. § 227, et seq., and thus determine much of the scope of the TCPA’s calling restrictions.

Continue Reading Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

The FCC released the agenda for its December Open Meeting, scheduled for December 10, 2020 on November 19, 2020, but the agency has made several changes since. The last meeting of the year will lead with a Report and Order on securing the communications supply chain that would require Eligible Telecommunications Carriers (“ETCs”) receiving federal universal service funding to remove and replace equipment and services identified as a risk to national security from their networks. The supply chain rulemaking would establish procedures and requirements for affected providers to seek reimbursement of their removal and replacement costs. The Commission will also consider a Notice of Proposed Rulemaking (“NPRM”) that would propose to modernize the marketing and importation rules for regulated equipment. Additionally, the December meeting will include an Order that would amend the invoice filing deadline rule for the E-Rate Program, which supports communications services for schools and libraries, and an Order on Reconsideration clarifying the agency’s interpretation of the Telephone Consumer Protection Act (“TCPA”), although the draft texts of these two items have not been released.

The December meeting may be the first attended by recently-confirmed Republican FCC Commissioner Nathan Simington, who will replace outgoing Commissioner Michael O’Rielly after today’s confirmation vote in the U.S. Senate. In addition, Chairman Pai recently announced that he intends to leave the FCC on Inauguration Day, January 20, 2021. As a result, the January 2021 FCC open meeting will be his last meeting before the change in administration.

You will find more details about the most significant items on the December meeting agenda after the break.


Continue Reading FCC Wraps Up 2020 with December Meeting Focusing on Supply Chain Security and Equipment Marketing

In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Associate Chris Laughlin discuss a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. They cover the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers,

The FCC recently took a major step in promoting deployment of 5G networks in rural and hard-to-serve areas by adopting a Report and Order establishing the 5G Fund for Rural America (5G Fund) support program. The program, which is effectively the wireless counterpart to the wireline-focused Rural Digital Opportunity Fund (RDOF), will offer up to $9 billion over ten years to support the deployment of mobile voice and 5G broadband in these areas. It replaces Phase II of the Mobility Fund, which the FCC mothballed in 2018 after questions arose about the accuracy of wireless coverage data reported by carriers, which was meant to determine which areas are eligible for funding. Half of the 5G Fund budget also comes from repurposing the $4.53 billion that the Commission had originally allotted for 4G LTE deployments under Mobility Fund Phase II. The 5G Fund auction may not occur until 2023 because the Commission opted to wait until it can collect new data on existing deployments to identify areas eligible for support. In the meantime, recipients of legacy mobile high-cost support will be required to start using those funds for 5G networks beginning in 2021.

Continue Reading FCC Creates Framework to Fund 5G Deployments in Rural Areas

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