Posted on February 4, 2012
The FCC released a new USF/ICC Order late Friday, clarifying a number of its deadlines and rules from its November 18, 2011 USF/ICC Transformation Order. Carriers that were granted ETC status by their states will not have to file a Five-Year buildout plan and other information concerning outages and customer complaints by April 1, 2012. However, these ETCs will need to provide a Five-Year Plan and report to the FCC by April 1, 2013 based on the FCC’s new broadband rules. Annual progress reports for these ETCs will be due annually on April 1. ETCs previously designated by the FCC are still required to file a progress report on their existing Five-Year build-out plans currently on file with the Commission but, in 2012, the progress reports will be due April 1 rather than October 1. On April 1, 2013, these FCC-designated ETCs are required to file with the Commission a new five-year build-out plan that accounts for the new USF/ICC Order broadband obligations. And beginning April 1, 2014, these ETCs are required to file annual progress reports on their new five-year build-out plans. All ETCs must begin their required Tribal Engagement in 2012, but will not be required to report on this until April 1, 2013. Ownership information will also not have to be reported until April 1, 2013. As for the pending April 1, 2012 financial reporting date for privately-held ETCs, the FCC promises that it will provide “sufficient time” for carriers to comply with this requirement once the FCC receives OMB approval for this. In other words, the April 1, 2012 deadline will almost certainly be delayed, but the FCC is still being vague about the exact timing. The new Order also contains a number of other important clarifications. Included in these clarifications, the FCC specifies that the $3000 yearly support cap applies at the study area level, the disaggregation rule is no longer necessary, and mobile carriers seeking to participate in the Phase I Mobility auction must have FCC approval concerning access to spectrum prior to submitting an application to participate.
For additional information, please contact Ken Johnson.
Posted on February 3, 2012
The FCC has announced that it has appointed the Honorable Randy Mitchell, a Commissioner on the South Carolina Public Service Commission, to serve on the Federal-State Joint Board on Universal Service. Mr. Mitchell fills the open position created by the departure of the Honorable Larry Landis, Commissioner of the Indiana Utility Regulatory Commission.
For additional information, please contact Tony Veach.
Tags: Broadband, USF, Wireless, Wireline
Posted on February 3, 2012
The FCC’s Wireless Telecommunications Bureau and Wireline Competition Bureau (Bureaus) have released a Public Notice announcing and seeking comment on proposed procedures and eligible areas for the $300 million Mobility Fund Phase I reverse auction, designated Auction 901. Auction 901 is scheduled for Thursday, September 27, 2012. As described in the FCC’s USF and ICC Reform Order, Auction 901 will be the mechanism to grant one-time support to carriers that are committed to provide 3G or 4G voice and broadband services in areas where these services are unavailable based on their bids to cover maximum road miles.
The proposed procedures for Auction 901 generally resemble those used in spectrum auctions, but with a single-round reverse auction design. The Bureaus seek comment on these procedures, as well as (i) coverage requirements with respect to how eligible areas may be aggregated and (ii) a target rate for determining whether rates in rural, insular and high-cost areas are reasonably comparable to urban areas. The Public Notice also provides: (a) a preliminary list of potentially eligible census blocks; (b) a table of road categories, descriptions, and total miles identified in the preliminary list of potentially eligible census blocks; and (c) a list of top 100 CMAs as proposed “urban areas” for determining reasonably comparable rates. A map of Phase 1 potentially eligible areas is available on the FCC’s website. Comments on the Auction 901 Public Notice are due by February 24, 2012 and reply comments by March 9, 2012.
For additional information, please contact Bob Silverman.
Tags: CAF, Mobility Fund, USF
Posted on February 2, 2012
The FCC has formally removed two modifications to its competitive bidding rules that it had adopted in 2006 before they were overturned by a federal appeals court. In Council Tree Communications, Inc. v. FCC, the U.S. Court of Appeals for the Third Circuit vacated two modifications, which related to the impermissible material relationship rule and the unjust enrichment period, because the FCC had failed to provide adequate opportunity for notice and comment.
For additional information, please contact Bob Silverman.
Tags: Auctions
Posted on February 1, 2012
Comment deadlines have been established for the FCC’s December 2011 Further Notice of Proposed Rulemaking (FNPRM) proposing ways to improve the structure and efficiency of the video relay service (VRS) program. The FCC seeks to ensure that VRS provides functionally equivalent communications services to its users while putting a check on the waste, fraud, and abuse that has threatened its long-term viability. Comments on the FNPRM are due by March 2, 2012 and reply comments by March 19, 2012.
For additional information, please contact Bob Silverman.
Tags: Video Relay Service (VRS)
Posted on February 1, 2012
The FCC has released a Public Notice requesting comment on the recently completed 45-day public trial of Telcordia Technologies Inc.’s database system designed to support the operation of unlicensed transmitting devices in the broadcast television spectrum bands. Following the completion of the public trial, Telcordia drafted a summary report which is available on the FCC’s website. The Commission seeks feedback on both the public trial and Telcordia’s summary report of the trial. The Commission had previously approved a similar TV White Spaces database developed by Spectrum Bridge in December of 2011. Comments are due Thursday, February 16, 2012 and reply comments are due Thursday, February 23, 2012.
For additional information, please contact Daryl Zakov.
Tags: Spectrum, Wireless
Posted on February 1, 2012
The FCC has published 24 Petitions For Reconsideration filed in opposition to the USF/ICC Order in the Federal Register, establishing the pleading cycle for comments on the Petitions. The Petitions express a range of concerns about the reforms, specifically criticizing the sufficiency of support, new tribal obligations, and the limitation of support to eligible telecommunications carriers. Initial oppositions to the Petitions are due on February 9 and replies are due on February 21.
For additional information, please contact Steve Fecarotta.
Posted on January 31, 2012
The FCC has adopted an Order that comprehensively reforms and begins modernizing the universal service Lifeline program. The reforms are aimed largely at eliminating waste, fraud, and abuse, and forming a sensible budget for the Lifeline program. The Order calls for the creation of a National Lifeline Accountability Database to prevent multiple carriers from receiving support for the same subscriber. The Order also creates an eligibility database to verify a consumer’s initial and ongoing eligibility, and establishes a one-per-household rule for receiving service. The modernization aspects of the Order are intended to transition the Lifeline program into the broadband era. The Order creates a $25 million Broadband Adoption Pilot Program to determine how Lifeline can best be used to increase broadband adoption among Lifeline-eligible consumers. The Pilot Program will fund projects that will provide discounted monthly broadband service and address challenges to broadband adoption, including cost of devices.
For additional information, please contact Tony Veach.
Tags: Broadband, Lifeline, Low Income, USF, Wireless, Wireline
Posted on January 31, 2012
The FCC has released a report of the top subject areas of consumer inquiries and informal complaints received by the Consumer & Governmental Affairs Bureau (CGB) during the third quarter of 2011. The report categorizes complaints and inquiries by service area (e.g. Cable & Satellite Services) and subject (e.g. Programming, Billing & Rates). According to the report, most consumers filed wireline complaints related to violations of the Telephone Consumer Protection Act’s “Do Not Call List.” The report also shows that wireless inquiries were mostly service-related, and decreased by more than four percent over the previous quarter, while wireless complaints were related to the Telephone Consumer Protection Act and increased by more than twelve percent.
For additional information, please contact Steve Fecarotta.
Tags: Broadband, Consumer Protection, Satellite, Wireless, Wireline
Posted on January 31, 2012
The FCC’s Wireline Competition Bureau seeks comment on a petition for waiver filed by CenturyLink, Inc. (CenturyLink) regarding new call signaling rules adopted in the FCC’s USF and ICC Reform Order. CenturyLink’s petition specifically requests limited waivers of (1) the requirement to pass the Signaling System 7 (SS7) Charge Number (CN) unaltered where different than the Calling Party Number (CPN) where CenturyLink acts as an interexchange carrier (IXC); (2) new rules for originating service providers that use SS7 or Multi-Frequency (MF) signaling to pass the number of the calling party (or CN, if different) in the MF Automatic Number Identification field, and (3) new rules for originating service providers that use SS7 or MF signaling where CenturyLink acts as an IXC for certain traffic originated over dedicated access facilities. Comments are due by February 29, 2012 and reply comments by March 15, 2012.
For additional information, please contact Bob Silverman.
Tags: ICC, Interexchange Carrier (IXC)