Telecommunications Relay Service

Today, the FCC is holding its last Open Meeting of the summer. Here is the agenda. The meeting will first consider a Public Notice to establish two new Innovation Zones for experimental licenses in Boston, MA and Raleigh, NC to study wireless technology use cases and test integration with new technologies. The FCC will next consider a Further Notice of Proposed Rulemaking (“FNPRM”) that would propose to adopt clarifications and revisions to the agency’s numbering rules, including requiring additional certifications and ownership disclosures for authorization of direct numbering access. The Commission will also hear a Third Report and Order that would authorize the agency’s private Governance Authority overseeing the STIR/SHAKEN framework to review and revoke a voice service provider’s participation in STIR/SHAKEN. The Order would further establish an appeals process and procedures for providers affected by a revocation. Additionally, the FCC will consider a Notice of Proposed Rulemaking (“NPRM”) that would update the compensation methodology for the Internet Protocol Relay (“IP Relay), a form of Telecommunications Relay Service. Lastly, the FCC will consider an NPRM proposing to update the agency’s political programming rules, followed by a Memorandum Opinion and Order on Reconsideration that would grant three petitions for reconsideration of the Part 95 Personal Radio Services Rules Report and Order.

You will find more information about the most significant items after the break.


Continue Reading FCC Closes Out the Summer With STIR/SHAKEN Revocation in August Open Meeting

The FCC Open Meeting, scheduled for May 20, 2021 and led by Acting Chairwoman Jessica Rosenworcel, includes four agenda items and two enforcement actions. First, the FCC will consider a Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking (“FNPRM”) that will lower interstate rates and charges, limit international rates, and seek comment on further reforms to the FCC’s calling services rules for inmate calls. Second, the FCC will consider a Notice of Proposed Rulemaking (“NPRM”) and Order to set Telecommunications Relay Services (“TRS”) Fund compensation rates for video relay service (“VRS”). Third, the FCC will consider a Further Notice of Proposed Rulemaking to combat robocalls by accelerating the date by which small voice service providers that originate an especially large amount of call traffic must implement the STIR/SHAKEN caller ID authentication framework. Fourth, the FCC will consider an Order on Reconsideration to allow certain affiliates of merging companies that receive model-based and rate-of-return universal service support to be excluded from a “mixed support” merger condition cap.

You will find more details about these items on the May meeting agenda after the break.


Continue Reading FCC’s May Open Meeting Addresses Prison Phone Rates, Video Relay Service Rates, Robocall Restrictions, and Mixed Universal Service Fund Support Transaction Conditions

The FCC is slowing down from its busy summer going into August, with its next open meeting scheduled for August 6, 2020. Kicking off the meeting, the Commission anticipates adopting procedures for the auction of new flexible-use overlay licenses in the 3.7-3.98 GHz band (“C-band”), or Auction 107, which is scheduled to begin on December 8, 2020. The FCC would establish specific auction dates and procedures for the clock auction of 280 MHz of spectrum in the C-band. The agency will also consider an item on inmate calling services, responding to remands by the D.C. Circuit Court of Appeals and proposing comprehensive rate reform for inmate calling services. The remainder of the agenda focuses on eliminating and streamlining existing FCC rules. Specifically, the Commission will consider two actions aimed at streamlining broadcast rules that would eliminate the radio duplication rule for AM stations and eliminate the common antenna siting rules for FM and TV broadcaster applicants and licensees. Finally, the Commission plans to repeal certain telecommunications relay service (“TRS”) rules that are no longer necessary given advances in technology since the rules were initially adopted.

You will find more details on the most significant August meeting items after the break:


Continue Reading FCC Previews C-Band Auction Procedures and Inmate Calling Services Reform for August Open Meeting

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 29, 2020

In response to the COVID-19 pandemic, the FCC has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and provides this overview of the key actions impacting enterprise and small business customers of communications services. For additional information on these and other FCC actions, follow Kelley Drye’s CommLaw Monitor, where we post regular updates of the latest regulatory and legislative actions impacting the communications industry.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Enterprise and Small Business Customers Need to Know

The FCC proposed sweeping reforms to its process for suspending and debarring entities from participating in its largest funding programs, including the four Universal Service Fund (“USF”) programs, at its meeting on November 22, 2019. If adopted, the proposed rules would mark a sea change in FCC enforcement, allowing the FCC to cut off funding more quickly and for a wider range of alleged misconduct. The FCC also would expand the scope of these rules to cover its Telecommunications Relay Service (“TRS”) program and National Deaf-Blind Equipment Distribution Program (“NDBEP”), in addition to the High-Cost, Lifeline, E-Rate, and Rural Health Care USF programs.

The proposed rules also would impose new disclosure obligations on support recipients and require them to verify that they do not work with suspended/debarred entities. In addition, the proposed rules would create a federal reciprocity system, in which entities suspended/debarred from participating in funding programs administered by other agencies similarly would be prevented from participating in the FCC’s programs (and vice versa). The proposed rules would impact nearly every USF participant and warrant close attention. The FCC has not announced comment deadlines on its proposals, but they will likely occur in early 2020. While the FCC’s proposals are just the first step towards actual rule changes, the agency has shown every indication that it will continue moving full speed ahead on USF reform in the coming year.


Continue Reading FCC Plans Major Overhaul of Suspension and Debarment Rules for its USF, TRS, and Other Funding Programs

The FCC plans to prohibit the use of Universal Service Fund (“USF”) support to purchase equipment or services from foreign entities that it determines pose national security risks at its next meeting scheduled for November 19, 2019. As we previously reported, the ban may severely impact participants in all federal USF programs and involve a costly “rip and replace” process to remove foreign-made equipment from domestic telecommunications networks. The FCC also expects to move forward on its heavily-anticipated E911 vertical accuracy (i.e., z-axis) proceeding and adopt new requirements for wireless carriers to better identify caller locations in multi-story buildings. Rounding out the major actions, the FCC anticipates proposing new rules for suspending and debarring entities from participating in USF and other funding programs; removing longstanding unbundling and resale requirements for certain telecommunications services; and widening the contribution base for the Internet Protocol Captioned Telephone Service (“IP CTS”) to include intrastate revenues.

The draft items cover the gamut of telecommunications issues, affecting everything from the construction of next-generation 5G networks to legacy intercarrier competition rules, and should be closely watched. You will find more details on the most significant November FCC meeting items after the break:


Continue Reading FCC to Address Public Safety Concerns at November Meeting

On Friday, October 4, 2019, Federal Communications Commission (“FCC”) Chairman Ajit Pai circulated a draft Report and Order (“Order”) that would adopt two uncontroversial changes to the FCC’s tariff filing requirements. Specifically, a 2018 Notice of Proposed Rulemaking and Interim Waiver Order (“Notice”) teed up the potential elimination of the requirement to file annual short form tariff review plans (“short form TRP”) and of the prohibition on tariff cross-references. That 2018 Notice also granted an interim waiver of the tariff cross-reference prohibition while the short form TRP has been the subject of separate waivers for each of the past few years. As a result, the proposed Order essentially would simply be codifying the regulatory status quo.

Continue Reading Federal Communications Commission Moves to Adopt Rules Easing Certain Tariff Filing Requirements

In a unanimous decision at its February open meeting, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking (“FNPRM”) further reforming its IP Captioned Telephone Service (“IP CTS”) program, which is part of the telecommunications relay service (“TRS”). After the IP CTS program grew to 80 percent of the costs covered by TRS, last June the FCC approved a package of reform measures to control costs by imposing interim compensation rates to bring compensation closer to FCC determined actual average provider costs. In the instant Order, the FCC takes steps (over the objections of the IP CTS providers) to address potential waste, fraud and abuse by 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 Commission also granted waivers of its emergency call handling requirements to reduce the requirements on IP CTS providers to relay certain information to PSAPs and initiate reconnection of a disconnected 911 call. The FNPRM proposes additional changes, including making permanent the emergency call handling requirement changes granted by waiver. Comments will be due 30 days after publication of the item in the Federal Register and reply comments will be due 45 days after publication.

Continue Reading FCC Further Reforms IP CTS Program

As summer begins to wind down, the FCC will begin considering whether to revise or eliminate decade-old regulations, including certain rules related to the Universal Service Fund (“USF”), equipment authorization procedures, and disabilities access. The FCC kicked off its review with a Public Notice under the Regulatory Flexibility Act, which requires federal agencies to reexamine regulations within 10 years of their adoption to assess the continued need for the rules, the rules’ complexity, and whether the rules overlap or conflict with other federal regulations. The purpose of the review is to ensure that older, unnecessary rules do not remain on the books, lowering the compliance burden for smaller businesses. Although the FCC rarely eliminates a rule outright as part of this review, the comments received can help the agency identify improvements for future rulemakings or flag potential compliance issues.

Continue Reading FCC Seeks Input on Revising and Eliminating Older Rules