CommLaw Monitor

News and Analysis from Kelley Drye’s Communications Practice Group

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

December 9, 2019

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…

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TRS Fund Contributors to Pay on Intrastate Revenues to Support IP Captioned Telephone Service

By Avonne Bell & Joshua Guyan

December 3, 2019

At its November Open Meeting, the FCC approved a Report and Order (“Order”) that expands the contribution base for IP captioned telephone service (“CTS”), supported by the telecommunications relay service (“TRS”) Fund, to include intrastate voice communications services. Currently, only interstate voice providers (telecommunications and VoIP) are required to contribute a portion of their end-user revenues to support the TRS Fund. The Order extends that responsibility to providers with intrastate revenues. This rule change, which…

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FCC to Propose National Crisis Hotline, Tackle Mid-Band Spectrum Items at December Meeting

By Joshua Guyan & Bradford Currier

December 2, 2019

The FCC plans to follow last month’s major 911 location accuracy item with another significant public safety rulemaking at its next meeting scheduled for December 12, 2019. Under the FCC’s plan, all telecommunications carriers and interconnected VoIP service providers would be required to transmit calls to 988 to 24-hour crisis services maintained by the Department of Health and Human Services and the Department of Veterans Affairs. In addition, the FCC anticipates launching two rulemakings aimed…

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Podcast: IoT Security

By John J. Heitmann & Steve Augustino

November 26, 2019

From smart homes and self-driving vehicles to drones and healthcare monitoring, Internet of Things (IoT) capabilities are a hot topic for both manufacturers and consumers. The most recent episode of Kelley Drye’s Full Spectrum podcast spotlights one of the key areas for everyone involved – maintaining security of IoT devices. Partners John Heitmann and Steve Augustino discuss cybersecurity developments, like the National Institute of Standards and Technology’s (NIST) baseline recommendations for securable devices. John and…

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Proposed German Regulations To Require Additional Security Measures for Telecom Carriers

By Laura van der Meer & Edouard de Nyary Comandini

November 14, 2019

Editor’s note: CommLaw Monitor primarily addresses developments in communications and technologies in the United States. We provide this special update regarding new regulations in Germany for the benefit of U.S. and foreign service providers alike. The security issues discussed below may have implications for all service providers. The German Federal Network Agency, Bundesnetzagentur (BNetzA), recently launched a final public consultation on its new draft Catalogue on security requirements for telecommunications service providers and operators of…

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AT&T To Pay $60M to Settle 2014 FTC Data Throttling Complaint

By Steve Augustino

November 12, 2019

After a long road that included questions over the scope of FTC and FCC jurisdiction, AT&T finally settled one of two cases challenging the unlimited data plans it offered to consumers. On Tuesday, November 5, 2019 the Federal Trade Commission (“FTC”) moved to settle its October 28, 2014 complaint against AT&T Mobility, LLC (“AT&T” or “Company”) in which the FTC asserted that the Company was reducing the data speeds of customers grandfathered into unlimited plans…

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FCC to Address Public Safety Concerns at November Meeting

By Joshua Guyan & Bradford Currier

November 3, 2019

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…

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FCC Modifies CAF Broadband Performance Testing Requirements

By Joshua Guyan & Bradford Currier

November 1, 2019

The FCC adopted an Order on Reconsideration at its October 25, 2019 meeting modifying the broadband performance testing requirements for service providers receiving Connect America Fund (“CAF”) high-cost support. Under the Order, the FCC will delay the start of testing for many CAF recipients to better align with network deployment deadlines. The FCC also will create a “pre-testing” period to allow CAF support recipients time to assess how their networks and testing equipment perform without…

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

By Denise Smith

October 11, 2019

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…

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FCC’s October Meeting Has No Spectrum Item or Particular Theme

By Joshua Guyan & Bradford Currier

October 10, 2019

Last week, the FCC announced its tentative agenda for its upcoming October 25, 2019 open meeting and released drafts of the items on which the commissioners will vote. There is a notable lack of a spectrum item on the agenda, as Chairman Pai does not appear ready yet to address the pending mid-band spectrum proceedings (including C-Band and 6 GHz). In addition, while the items will address themes that have been consistent throughout Ajit Pai’s…

CommLaw Monitor

News and Analysis from Kelley Drye’s Communications Practice Group

Blog Authors

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

TRS Fund Contributors to Pay on Intrastate Revenues to Support IP Captioned Telephone Service

FCC to Propose National Crisis Hotline, Tackle Mid-Band Spectrum Items at December Meeting

Podcast: IoT Security

Proposed German Regulations To Require Additional Security Measures for Telecom Carriers

AT&T To Pay $60M to Settle 2014 FTC Data Throttling Complaint

FCC to Address Public Safety Concerns at November Meeting

FCC Modifies CAF Broadband Performance Testing Requirements

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

FCC’s October Meeting Has No Spectrum Item or Particular Theme

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