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New Topics Added to Cost Model Workshop: Community Anchor Institutions and Business Locations

Posted on June 18, 2013

Two new topics have been added to the FCC Wireline Competition Bureau’s Connect America Fund (CAF) Phase II cost model virtual workshop: (i) Community Anchor Institutions and (ii) Business Locations.  The virtual workshop, which may be accessed on the FCC’s website, is intended to serve as an additional method for the FCC to gather input from industry stakeholders on the design of the CAF Phase II cost model.   Comments on the new topics are due by July 15, 2013 and will be included in the official public record of the cost model proceeding.

For additional information, please contact Bob Silverman.

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“We Are Watching You Act” Would Regulate Orwellian Set-Top Boxes

Posted on June 18, 2013

Representatives Michael Capuano (D-MA) and Walter Jones (R-NC) have introduced the “We Are Watching You Act” (H.R. 2356) which would regulate set-top box technology that monitors, records, and interprets the actions of American television viewers.  Over the last few years, manufacturers have begun developing and companies have filed patent applications for television set-top boxes, digital video recorders (DVRs), and other devices with cameras and microphones that can monitor television viewers in order to deliver more personalized ads to them or gather feedback about media programs.  For example, one such set-top box could detect that a couple is arguing or fighting with each other and then select and play an advertisement for a marriage or relationship counseling service.  The Representatives’ legislation would prevent such a service from being used unless a consumer has agreed to opt-in, and it would require the devices to show an on-screen warning stating “we are watching you” whenever information about consumers is being recorded.  It has been referred to the House Committee on Energy and Commerce.

For additional information, please contact Tony Veach.

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IP Video Captioning Rules Clarified and Further Comment Sought

Posted on June 17, 2013

The FCC has disposed of several petitions seeking reconsideration and/or clarification of its recently adopted rules to establish closed captioning requirements for IP-delivered video programming and for equipment used to receive and display such programming as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA).  Specifically, the FCC granted a narrow class of waivers for certain equipment that is primarily designed for activities other than video playback, and temporarily extended the compliance deadline for Blu-ray and other DVD players that do not currently render or pass through captions pending resolution of a Further Notice of Proposed Rulemaking (Further Notice).  The Commission also reaffirmed that its rules allow video distributors some flexibility in how they choose to enable the rendering or pass through of  captioning to end users and deferred resolution of whether to exclude video clips from the captioning requirement so that additional information can be gathered on this topic.  Finally, the Commission adopted a Further Notice seeking comment on issues related to the synchronization of closed captions with the display of the associated video programming, as well as application of the captioning requirement to Blu-ray and DVD players that presently do not have the capacity to pass through captioning.

Comment and reply dates have not yet been established with respect to the issues raised in the Further Notice.

For additional information, please contact Howard Shapiro.

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Reply Comment Deadline Extended in 5 GHz U-NII Proceeding

Posted on June 17, 2013

On April 10, 2013, the Federal Register published the FCC’s Notice of Proposed Rulemaking (NPRM) in the proceeding addressing the licensing of Unlicensed National Information Infrastructure (U-NII) devices in the 5 GHz band. Comments were due May 28, 2013 and replies were supposed to be due June 24, 2013. However, the WiFi Alliance and  the IEEE 802 both requested extensions of the filing deadline for reply comments.  Both parties argued there was insufficient time to thoroughly review the record.  The WiFi Alliance also noted that the IEEE 802′s Plenary Session and the 2013 Wi-Fi Alliance Member Meeting fall after the reply comment deadline and the reply comments will be more thorough and better informed by the discussions that occur during these meetings.  The Commission agreed that good cause exists for an extension of the reply comment filing deadline. Therefore, reply comments in this proceeding are now due July 24, 2013.

For additional information, please contact Tara Shostek.

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White House Initiative Calls for More Government Spectrum Sharing

Posted on June 17, 2013

Building on previous efforts to free up spectrum, the White House has announced initiatives to enhance spectrum efficiencies by the Federal Government so that more of its spectrum can be shared with the private sector.  A memorandum from President Obama (Memo) directs Federal agencies to increase their collaboration and data-sharing with the private sector and to increase public-private research and development activities.  Specifically, the memo establishes a Spectrum Policy Team that must, among other things: (i) publish an inventory of commercially available Federal test facilities within three months of the Memo; (ii) make spectrum-sharing recommendations to the President within six months of the Memo; and (iii) publish a report describing how NTIA and the FCC are incorporating spectrum sharing into their spectrum management practices within one year of the Memo.

For additional information, please contact Bob Silverman.

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Legislation Proposed to Curb Overbroad Government Surveillance

Posted on June 14, 2013

Late Thursday evening, Senator Bernie Sanders (VT) introduced legislation (S. 1158) in the Senate proposing to amend the Foreign Intelligence Surveillance Act of 1978 to limit overbroad surveillance requests and increase reporting requirements.  The legislation limits the powers of the National Security Agency (NSA) and the Federal Bureau of Investigation (FBI) to secretly track telephone calls by individuals who are not accused of any wrongdoing.  The amendment requires a judge to make a specific finding that the FBI has “presented specific and articulable facts giving reason to believe that the [tangible information subject to surveillance] is relevant to an authorized investigation (other than a threat assessment).”  In addition, the information to be obtained may not concern a U.S. citizen.

The legislation also requires the Attorney General to report to Congress on a semiannual basis a list of the total number of applications made for orders requesting access to “tangible things,” the total number of orders granted, modified, or denied and a description of each application for an order requiring the production of tangible things.

For additional information, please contact Tara Shostek.

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Comments on Structural Separation Second FNPRM Due July 12

Posted on June 14, 2013

The FCC has established deadlines for filing comments in response to the Wireline Competition Bureau’s second Further Notice of Proposed Rulemaking (FNPRM) on structural separation requirements.  Comments are due on or before July 12, 2013.  Reply comments are due August 12, 2013.  In the second FNPRM, comment is sought on whether the structural separation requirements contained in section 64.1903 of the FCC’s rules should continue to apply to independent incumbent local exchange carriers subject to rate-of- return regulation.

For additional information, please contact Tony Veach.

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FCC Proposes 15.1 Percent USF Contribution Factor for Third Quarter of 2013

Posted on June 13, 2013

The FCC’s Office of Managing Director has announced that the proposed universal service fund (USF) contribution factor for the third quarter of 2013 will be 0.151 or 15.1 percent.  The proposed 15.1 percent contribution factor is a slight decrease from the 15.5 percent factor that was used for the second quarter of 2013.  Total demand for the entire USF in the third quarter of 2013 is estimated at roughly $2.195 billion, which breaks out into the following for each individual support mechanism: $572 million for the Schools and Libraries program, $53 million for the Rural Health Care program, $1.125 billion for the High Cost program, and $445 million for the Low Income program.  Additionally, the total collected interstate and international end-user telecommunications revenues for July through September 2013 is projected to be $16.1 billion.  If the FCC takes no action on the proposed USF contribution factor within 14 days following its announcement, the rate will be declared approved.

For additional information, please contact Tony Veach.

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Wheeler FCC Nomination Hearing Set for June 18

Posted on June 12, 2013

The Senate Commerce Committee has scheduled a hearing for June 18, 2013 at 2:30 p.m. on the nomination of Tom Wheeler to be the next Chairman of the FCC.  The hearing will be webcast on the Senate Commerce Committee’s website.  Commissioner Mignon Clyburn currently serves as Acting FCC Chairwoman.

For additional information, please contact Bob Silverman.

ETC Annual Reporting Deadline Postponed; ILECs Still Must File Form 507 by July 1

Posted on June 11, 2013

On its own motion, the FCC’s Wireline Competition Bureau (Bureau) has granted a limited waiver postponing the July 1, 2013 annual reporting deadline applicable to all eligible telecommunications carriers (ETCs).  Citing the still-pending OMB approval of new FCC Form 481, which will be the standard template for Section 54.313 ETC annual reports, the Bureau has decided to postpone essentially all ETC annual reporting for 2013 to a single filing deadline that has yet to be determined.  When OMB approval of FCC Form 481 is announced in the Federal Register, the Bureau will issue a public notice announcing the extended filing deadline, which is expected to be at least 30 days following the Form 481 approval announcement.  This extension does not apply to ILEC high-cost ETCs that are required to file FCC Form 507 by July 1 reporting their local service rates  and state fees that fall below the $14 rate floor.  Lastly, the Bureau granted a limited waiver extending the deadline for state commissions (and self-certifying ETCs) to file their Section 54.314 ETC support certifications typically due by October 1.  Instead, the Bureau will require certifications and self-certifications to be filed 60 days after the extended ETC annual reporting deadline.

For additional information, please contact Bob Silverman.

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