Tag Archives: FCC

Tailor-Made: FCC Recognizes Need for Bespoke Rules for Smallsats

On April 17, 2018 the Federal Communications Commission adopted a notice of proposed rulemaking (“NPRM”) that seeks to streamline and otherwise tailor the agency’s current one-size-fits-all satellite regulations for small satellite systems (commonly referred to as “smallsats”). The NPRM sets forth proposals to expedite smallsat approvals and identifies certain frequency bands for potential use by … Continue Reading

Citing National Security, FCC Begins Proceeding to Bar the Use of Universal Service Monies for Equipment from Certain Countries

Echoing concerns raised by other parts of the federal government over the past several years, the FCC, at its open meeting on April 17, 2018, adopted a Notice of Proposed Rulemaking (“NPRM”) to consider a rule which would prohibit Universal Service Fund (“USF”) support from being used “to purchase or obtain any equipment or services … Continue Reading

FCC Moves to Further Deregulate Business Data Services

Nearly a year after it ordered sweeping deregulation of the business data services (“BDS”) market, the Federal Communications Commission (“FCC”) proposed new rules that would allow certain small rural carriers to move from longstanding rate-of-return regulation to price cap regulation for their BDS offerings.  The transition would reduce the regulatory obligations of such carriers, including … Continue Reading

When Public Safety Isn’t Enough: FCC Considering Expanded Use of the 4.9 GHz Band

At its March Open Meeting, the FCC adopted a long-awaited Sixth Further Notice of Proposed Rulemaking (“FNPRM”) to consider promoting additional investment and activity in the 4.9 GHz band while preserving the core public safety purpose of the band.  Finding the band underutilized by public safety users, the FNPRM invites comment on ways that the … Continue Reading

Lucky Number 7? FCC Proposes Section 7 Rules to Fast-Track Review of New Technologies

On February 22, as part of its effort to accelerate the deployment of new and innovative technologies, the FCC adopted a Notice of Proposed Rulemaking (“NPRM”) to develop procedures for implementing section 7 of the Communications Act of 1934 (which was added by a 1983 amendment).  Section 7 states that the Commission “shall determine whether … Continue Reading

Support for FTC Jurisdiction Over Broadband:  Ninth Circuit En Banc Rules  Common Carrier Exemption is “Activity,” and not “Status-based,” Reversing Earlier AT&T Victory

The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday.  In an appeal that has been proceeding in parallel with the FCC’s “Restoring Internet Freedom” reclassification proceeding, the U.S. Court of Appeals for the Ninth Circuit issued an opinion giving the Federal Trade … Continue Reading

FCC Sets Stage for $4.5 Billion Auction by Resolving Mobility Fund Phase II Challenges

The Federal Communications Commission (“FCC”) took a major step forward on closing the “digital divide” in mobile broadband at its February meeting by unanimously adopting an Order resolving the remaining challenges to the Mobility Fund Phase II (“MF-II”) auction.  The order eases the letter of credit requirements and clarifies the collocation obligations for funding recipients, … Continue Reading

Crunching the Numbers: FCC to Create Office of Economics and Analysis

On January 30, 2018, by a 3-2 vote, the FCC voted to establish a new Office of Economics and Analysis (“OEA”).  This decision reflects the Chairman’s ideological emphasis on incorporating a greater degree of economic analysis into the agency decision-making process.  Proponents say OEA will bolster the analytical component of FCC rulemaking, but detractors warn … Continue Reading

E-Rate Fraud in Crosshairs Following Charter School Indictment

E-Rate fraud is back in the spotlight following the indictment of a Dallas charter school CEO and the owner of a contracting company for an alleged kickback scheme resulting in over $300,000 in illegal subsidies. Federal prosecutors stated that the pair violated the E-Rate program’s competitive bidding requirements and submitted fraudulent invoices to the Federal … Continue Reading

FCC Votes on Possible Changes to the Rural Health Care Program

At its last open meeting in 2017, the five FCC Commissioners unanimously voted to adopt a Notice of Proposed Rulemaking (NPRM) and Order regarding the Commission’s Rural Health Care (RHC) Program, a 20-year old initiative aimed at improving rural health care provider access to first telecommunications services and later an array of communications services, including … Continue Reading

Fulfilling Pledge Made in May, Chairman Pai and FCC Approve New Blue Alerts, Similar to Amber Alerts, to Notify About Threats to Law Enforcement Personnel

At the December Open Meeting of the Federal Communications Commission (“FCC”), the Commissioners approved a Report and Order (“Order”) that adopts a new form of emergency alerting, Blue Alerts, which would serve to inform the public of actionable threats to state or local law enforcement.  Once the new alert is implemented, radio and TV broadcasters … Continue Reading

Escaping the Twilight Zone – FCC Aims to Expedite Wireless Deployment by Exempting Twilight Towers from Historic Preservation Review

Consistent with Chairman Pai’s focus on accelerating infrastructure deployment to enable next generation wireless services, the Federal Communications Commission (“FCC” or “Commission”) unanimously opened at its monthly meeting on December 14, 2017 a proceeding to exempt wireless communications equipment from historic preservation requirements under certain conditions.  The FCC’s action is directed at enabling operations on … Continue Reading

What to Expect from the FCC’s Restoring Internet Freedom Order

This Thursday, December 14th, the FCC will vote on the Restoring Internet Freedom Order, after releasing a draft on November 22nd. The Draft Order would overturn the FCC’s earlier 2015 Open Internet Order. We don’t expect any bombshell revisions when the FCC acts, and as such we expect that the Order will:… Continue Reading

On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight of Broadband

On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to broadband Internet access service (BIAS) between the two agencies.  The new MOU was announced three days before the FCC’s scheduled vote to reclassify BIAS as … Continue Reading

FCC Permits Limited Blocking to Curb Unlawful Robocalls; Challenge Process, Effectiveness Teed Up for Further Evaluation

At the November Open Meeting of the Federal Communications Commission (“Commission” or “FCC”), Commissioners approved a Report and Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”) that targets a high-priority issue for Chairman Pai – curbing illegal telemarketing and other calls.  Acting with unusual speed (at least, by the standards of past Commissions), the … Continue Reading

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its class waiver from the FCC’s accessibility requirements (“Petition”). Specifically, ESA seeks waiver from the 21st Century Communications and Video Accessibility Act’s (“CVAA”) requirement … Continue Reading

FCC Equipment Authorization Rule Change Transitions Now in Effect

On November 2, 2017, the FCC’s revised equipment authorization rules were published in the Federal Register and took effect immediately.  Our advisory details those rule revisions.  The Office of Management and Budget (“OMB”) had earlier determined that the new rules included no changes to the existing information collection requirements that required further OMB review before … Continue Reading

House Antitrust Subcommittee Explores the Role of Antitrust Law in Net Neutrality

On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet. The core question discussed at the hearing was whether current antitrust law is sufficient to ensure net neutrality absent FCC rules. The panelists—including FTC Acting Chairman Maureen Ohlhausen and Commissioner Terrell … Continue Reading

October 2017 FCC Meeting Recap: FCC Proposes to Implement Nationwide Number Portability

The Federal Communications Commission (“FCC” or “Commission”) voted unanimously at its October Open Meeting to initiate a notice of proposed rulemaking (“NPRM”) and a notice of inquiry (“NOI”) on how to facilitate nationwide number portability (“NNP”), an issue it last addressed after the passage of the 1996 Telecommunications Act (the “Act”).  According to the Commission, … Continue Reading

October 2017 FCC Meeting Recap: Can We Be Better PALs? The FCC Seeks to Modify the Two-Year-Old Rules in the 3.5 GHz Band Citing the Need to Bolster Investment Incentives.

At its Open Meeting on October 24, the FCC took a major step in recrafting the licensing and other rules for the Citizens Broadband Radio Service (“CBRS”) in the 3550-3700 MHz band (the “3.5 GHz band”) and promote 5G rollouts.  Early in his tenure as FCC Chair which began in January of this year, Ajit … Continue Reading

October 2017 FCC Meeting Recap: FCC Establishes Volume Control Standards for Wireline, ACS and Wireless Handsets

At the Federal Communication Commission’s (Commission’s) monthly meeting on October 24, 2017, the Commissioners approved a Report and Order and Order on Reconsideration (Order) updating Commission rules regarding hearing aid compatibility (HAC).  Specifically, the Order adopts a new wireline HAC volume control standard, applies the wireline HAC standards to handsets used for advanced communications services … Continue Reading

Federal Communications Commission Draft Order Proposes Possible Elimination and Further Streamlining of Section 43.62 Annual International Reports

In advance of its October 24, 2017 Open Meeting, the Federal Communications Commission (Commission) has released a Draft Report and Order (Draft Order) for Commission consideration that, if adopted, would eliminate the Section 43.62 annual International Traffic and Revenue Report  (International Traffic Report) and streamline the Section 43.62 annual Circuit Capacity Report (Circuit Capacity Report).  … Continue Reading

FCC Proposes to Auction Desirable 833-prefix Numbers, Allow the Sale of Toll Free Numbers

The Federal Communications Commission (“FCC” or the “Commission”) adopted a Notice of Proposed Rulemaking (“NPRM”) at its September Open Meeting that proposes significant changes to not only the methodology for assigning toll-free numbers but also the management of the toll free number assignment process.  The principal proposal in the NPRM is to use an auction … Continue Reading
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