On March 3, 2020, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order and Order of Proposed Modification (FCC 20-22) (respectively, the “C-Band Order” and the “Proposed License Modification”) realigning the 3.7-4.2 GHz Band in the contiguous United States and proposing to modify most of the satellite, earth station, and fixed service licenses in the Band. If one sorts out the significant deadlines established by the C-Band Order leading up to the target date for the auction of the 3700-3980 MHz range, namely December 8, 2020, and the transition of incumbent space station and earth station operations and fixed service stations which must be completed in the auction’s wake, the heavy lifting required before the auction proceeds is plain. In the attached advisory, these deadlines are discussed in some detail.  Here, they are presented in abridged fashion.

For more information, register here for our April 2 C-Band Update webinar.


Continue Reading Scheduling the Race to the “C-Band” Auction

On March 25, 2020, the Federal Communications Commission announced a one-month postponement of the 3.5 GHz auction (3550-3650 GHz) in the Citizen’s Broadband Radio Service (“CBRS”), a.k.a. Auction 105. The Commission cited the need “to protect the health and safety of Commission staff during the auction and [the ancillary benefit” that parties have additional time to prepare to participate.”  FCC Chairman Ajit Pai reiterated the agency’s commitment to hold the auction this summer. The band is the first in the so-called mid-band, a range of spectrum seen as critical to the roll out of 5G wireless applications. Commissioner Michael O’Rielly tweeted today that a further delay would be unlikely absent absolutely compelling circumstances. The start of the auction has been postponed to July 23, 2020, (from June 25, 2020), and the new short-form application filing window is April 23 through May 7, 2020.

The Commission also postponed indefinitely its Auction 106, which was set to begin April 28, 2020, and was selling through competitive bidding construction permits in the FM broadcast service.


Continue Reading FCC Postponing 3.5 GHz Auction on Account of COVID-19; Agency Hopes to Keep 3.7-4.2 GHz Auction on Track

At its November 15 Open Meeting, the FCC intends to vote on a Report and Order (“Order”) to make some important changes to the requirements for wireless service providers to report on the number of hearing aid compatible (“HAC”) handsets they offer. The dual aims of the rule changes are to ease the burden of the reporting obligations while improving consumer access to information about HAC wireless handsets. Specifically, the FCC proposes to drop the requirement for service providers to file annual forms with HAC device information, and instead disclose detailed information on their websites and make an annual certification of compliance with the rules. Websites updated with the new required information and the first certification of compliance will be due 30 days after notice of Office of Management and Budget (“OMB”) approval of the new rules is published in the Federal Register. If the Order is adopted at Thursday’s meeting, service providers should promptly begin working on website revisions and not wait for OMB approval.

Continue Reading Commission Proposes to Ease Wireless Handset Hearing Aid Compatibility Reporting Obligations

At the beginning of August, the Federal Communications Commission (“FCC”) took steps to reconcile a diversity of renewal requirements and permanent discontinuance conditions within its rules for many of the licensed radio services.  However, although the Second Report and Order (“Second R&O”) was published in the Federal Register September 1, the rules will take effect only in staggered fashion as set forth in the notice beginning on Monday, October 2, 2017, with significant portions set to take effect months later after further review or, per the FCC’s decision, years in the future.  In the interim, depending on the service and situation, existing rules governing renewals and discontinuance will continue to apply.  Licensees will certainly want to become familiar with the parts of the Second R&O pertinent to their rules service, whether the licenses were issued on a geographic or site-based basis.  Below, we breakdown the time frames in which the rules will take effect:
Continue Reading Portions of the FCC’s Recent Wireless License Renewal Order Take Effect Oct. 2nd, but Key Rule Sections Delayed Pending OMB Review

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Today, the Federal Communications Commission (FCC) announced in the Federal Register that July 7, 2015, is the effective date for new consumer booster marketing and labelling rules adopted in its September 2014 reconsideration order which had to first undergo review and approval by the Office of Management and Budget (OMB).  The remaining rules modified in the reconsideration order, which we covered in an earlier blog post, became effective on December 28, 2014.
Continue Reading Rules Impacting Marketing, Packaging, and Labelling of Consumer Boosters Clear OMB Hurdle

25001On April 13, 2015, a notice and summary of the Federal Communications Commission’s (FCC’s) seminal Open Internet Order (the Order) was published in the Federal Register.  As we explained in an earlier blog post and client advisory, the Order includes new and modified open Internet rules; reclassifies broadband Internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act of 1934, as amended; and imposes several provisions of Title II on BIAS providers (e.g., consumer protection, privacy, and disabilities access requirements), while forbearing from others. 
Continue Reading Open Internet Rules Hit the Federal Register, Triggering Effective Dates and Appeal Deadlines