The FCC Open Meeting, scheduled for April 22, 2021 includes several items of interest. During the April meeting, the third meeting led by Acting Chairwoman Jessica Rosenworcel, the FCC will consider seven agenda items plus an enforcement order. The items include two emergency service items — a Further Notice of Proposed Rulemaking (“FNPRM”) to examine expanding the National Suicide Prevention Lifeline to support text messaging to 988 — and a Third Notice of Proposed Rulemaking to promote public safety by ensuring that 911 call centers and consumers are notified of disruptions to 911 service in a timely manner. The FCC will also consider a Notice of Proposed Rulemaking to permit licensed wireless microphone users to operate a new wireless microphone technology called Wireless Multi-Channel Audio System (“WMAS”) technology on frequencies already available for Part 74 licensed wireless microphone operations in certain bands. Finally, the Commission will consider an enforcement item at its meeting, but, as is the custom with enforcement actions, the subject of the enforcement and the nature of the action is not disclosed prior to the vote on the item.

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


Continue Reading FCC’s April Open Meeting Focuses on Emergency Services and Wireless Microphones

The FCC released the agenda for its next Open Meeting, scheduled for March 17, 2021. The March meeting will notably include a Report and Order that would reallocate 100 megahertz of prized mid-band spectrum in the 3.45 GHz band through Auction 110, and propose a band plan for the new 3.45 GHz flexible use wireless service aimed at supporting 5G technologies. The FCC will also consider a Public Notice for Auction 110 that would seek comment on appropriate auction application and bidding procedures. While the FCC is required to start the auction by the end of 2021, the agency expects Auction 110 to begin in October 2021. The 3.45 GHz band items are the product of long-term FCC, NTIA, and DOJ collaboration to open frequencies currently used by federal agencies for shared use by commercial wireless providers. The FCC also teed up a Report and Order that would increase public safety officials’ access to network reliability information by providing direct access to Network Outage Reporting System (“NORS”) and Disaster Information Reporting System (“DIRS”) data. In addition, the FCC will consider a Notice of Proposed Rulemaking that would propose reforms to the agency’s Emergency Alert System (“EAS”) and Wireless Emergency Alerts (“WEA”) System to facilitate comprehensive and timely emergency alerts for mobile devices. Lastly, the agency will consider a Notice of Inquiry on the status of open radio access networks (“Open RAN”) that virtualize certain network infrastructure, potentially increasing communications security.

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


Continue Reading FCC’s March Open Meeting Highlights 3.45 GHz Band Auction

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

The FCC announced a jam-packed agenda for its penultimate meeting before the 2020 general election, with a focus on long-awaited spectrum sharing and caller ID authentication actions. At its meeting scheduled for September 30, 2020, the FCC plans to clear the way for eventual sharing of 3 GHz spectrum between commercial wireless providers and federal incumbents. The FCC announced earlier this year its intention to auction flexible use licenses in the 3.45-3.55 GHz band in December 2021. The Department of Defense, as a primary user of the band, has already devised a sharing framework for the spectrum. The FCC also plans to allow commercial wireless providers to lease spectrum in the 4.9 GHz band, which currently is allocated to public safety operations. The agency claims the band remains underutilized and that leasing arrangements could free up to 50 megahertz of mid-band spectrum to support commercial 5G services. In addition, the FCC plans to hold firm on its June 30, 2021 deadline for most voice providers to implement the STIR/SHAKEN caller ID authentication framework for IP networks and to extend such requirements to intermediate providers that neither originate nor terminate calls. Rounding out the major agenda items, the FCC plans to streamline executive branch foreign ownership reviews of certain applications formerly handled by “Team Telecom,” adopt a phase down in IP Captioned Telephone Service (“IP CTS”) compensation and impose IP CTS service standards, and launch an inquiry into state diversion of 911 fees.

FCC regulatory activity likely will slow in the immediate lead-up to and aftermath of the 2020 general election. As a result, the September agenda may represent the FCC’s last big push on major reforms for the year. You will find more details on the significant September meeting items after the break:


Continue Reading Spectrum Sharing and Caller ID Authentication Top Jam-Packed FCC September Meeting Agenda

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 – July 13, 2020

Join Partner Steve Augustino and the FCBA’s Internet of Things committee for “Furthering U.S. Drone Operations: An Update on FAA and Spectrum Policy Developments,” a virtual CLE on Monday, June 15th from 3:00  – 5:10 p.m. Steve will moderate the first of two panels. His session,  “Furthering UAS Deployment in U.S. Airspace,” will provide an

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 – June 8, 2020

A draft Declaratory Ruling and Notice of Proposed Rulemaking (“NPRM”), if adopted, would clarify the agency’s 2014 rules governing the process state and local governments use to review deployments of new antenna and equipment on existing wireless infrastructure and seek comment on a related proposal concerning excavations for such expansions. The clarifications, which are meant to speed the deployment of 5G infrastructure, largely mirror those sought in a pair of petitions for declaratory ruling filed by the Wireless Infrastructure Association (“WIA”) and CTIA in the fall of 2019. Those petitions allege that despite the 2014 rules, states and localities continue to erect barriers that slow their ability to add new facilities to existing infrastructure. In comments on the petitions, states and localities contend that they are substantially complying with the rules and that any delays are caused by applicants or their contractors. However, the FCC apparently plans to move forward with adopting most, though not all, of the industry group clarification requests.

For those who have been following the FCC over the past three years under Chairman Pai’s leadership, the draft item builds on the agency’s multifaceted effort to pave a clear path for the private sector to deploy 5G technologies. Prior efforts include repurposing low-, mid-, and high-band spectrum for mobile wireless operations, reducing the circumstances under which wireless infrastructure deployments must undergo federal historic preservation and environmental reviews, and preempting states and localities from using review processes to slow the deployment of small cells.

The agency is set to vote on the item at its June 9, 2020, open meeting.


Continue Reading Proposed Wireless Infrastructure Item Clarifies Rules Concerning Local Reviews to Speed 5G Deployments

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 – June 1, 2020

The FCC plans to focus on “bread and butter” issues of broadband deployment and expanding commercial spectrum use at its next meeting, scheduled for June 9, 2020. Specifically, the FCC anticipates adopting final auction procedures for Phase I of the Rural Digital Opportunity Fund (“RDOF”), which will provide up to $16 billion over 10 years to support broadband deployment in rural and other hard-to-serve areas. Rejecting calls for delay during the ongoing COVID-19 pandemic, the FCC would commence the auction on October 29, 2020. The FCC also would address bidding area, performance requirement, and letter of credit issues that drew heated debate at the rulemaking stage. In addition, the FCC anticipates seeking comment on rule changes to expand use of high-band spectrum in the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands (“70/80/90 GHz Bands”) to support wireless 5G backhaul and other services. The 70/80/90 GHz Bands proposal is just the latest in a slew of FCC actions designed to open up more spectrum for commercial use, and would seek input on technical and operational rules to avoid interference to incumbent operations. Rounding out the major June items, the FCC plans to clarify key timeframes and criteria for state and local reviews of requests to modify existing wireless infrastructure to remove purported barriers to network improvements.

Covering the gamut of network funding, spectrum resources, and construction, the June meeting items will impact nearly all providers of 5G and other next-generation technologies and deserve close attention. You will find more information on the significant June meeting items after the break:


Continue Reading FCC Plans to Finalize Phase I RDOF Auction Procedures and Explore 5G Use of High-Band Frequencies at June Meeting