What will the FCC be tackling next?
Chairman Pai’s theme for the July 16, 2020 Open Meeting is “Not Alone,” reflecting the agenda’s headline item which would adopt rules to make 988 the nation-wide 3 digit number to reach the National Suicide Prevention Lifeline. But the agenda is far more diverse than the theme may suggest and contains many other items of importance to telecom providers. This includes items adopting a safe harbor from liability for providers who block unwanted robocalls; expanding the FCC’s Digital Opportunity Data Collection order by adopting specific coverage reporting and disclosure requirements for fixed and mobile broadband providers as well as measures for determining the accuracy of broadband availability data; implementing the Secure and Trusted Communications Networks Act to secure the communications supply chain; and affirming the FCC’s deadlines for wireless providers to deploy vertical (z-access) location technology. Other items seek to remove outdated regulations regarding public safety and the cable leased access rules. Let’s take a closer look, starting with the Robocalling item.
Advanced Methods to Target and Eliminate Unlawful Robocalls
The TRACED Act provided the FCC with various tools to fight unwanted and illegal robocalls and the FCC has previously adopted rules implementing the Act. The Report and Order builds on those prior orders by:
- Establishing a safe harbor from liability under the Communications Act and FCC rules for terminating voice service providers that block calls based on reasonable analytics designed to identify unwanted calls, so long as those take into account information from the STIR/SHAKEN call authentication framework.
- Establishing a safe harbor enabling voice service providers to block traffic from bad-actor voice service providers that, either negligently or intentionally, continue to allow unwanted calls to traverse their networks.
- Requiring blocking providers to furnish a single point of contact to resolve unintended or inadvertent blocking, and emphasizing that they should make all reasonable efforts to ensure that critical calls, such as those from PSAPs, are not blocked and that they never block calls to 911.
For purposes of the Order, a voice service provider is any entity originating, carrying, or terminating voice calls through time-division multiplexing (TDM), VoIP (including one-way VoIP), or CMRS.
A further notice of proposed rulemaking would seek comment on, among other things: (1) establishing an affirmative obligation for voice service providers to respond to certain traceback requests, mitigate bad traffic, and take affirmative measures to prevent customers from originating illegal calls; and (2) requiring terminating voice service providers that block calls to provide a list of blocked calls to their customers on request and at no additional charge.
Establishing the Digital Opportunity Data Collection
In 2019, the FCC adopted the Digital Opportunity Data Collection aimed at developing more precise nationwide broadband coverage maps. In March 2020, Congress enacted the Broadband DATA Act. The Report and Order would take the next step in developing the new broadband maps and implement key provisions of the Broadband DATA Act by:
- Adopting specific reporting and disclosure requirements for fixed and mobile broadband availability and quality of service data;
- Requiring fixed and mobile wireless providers to submit standardized propagation maps, propagation model details, and infrastructure information;
- Establishing a common dataset of all broadband-serviceable locations in the U.S.;
- Creating a process for verifying the accuracy of broadband availability data submitted by broadband providers, collecting crowdsourced broadband availability data, and collecting verified data from state, local and Tribal entities, for use in the coverage maps; and
- Ensuring the privacy, confidentiality, and security of sensitive service provider information.
A further notice of proposed rulemaking would seek comment on: (1) additional processes for verifying broadband availability and providing technical assistance to service providers; (2) a proposed process allows consumers and other parties to challenge the accuracy of the maps; (3) implementing the fabric of broadband-serviceable locations; and (4) other requirements of the Broadband DATA Act as well as targeted reforms to FCC Form 477.
Protecting Against National Security Threats to the Communications Supply Chain
In November 2019, the FCC banned the use of Universal Service Funds (USF) to purchase, obtain, or maintain any equipment or services produced or provided by companies that pose a national security threat. In March 2020, the Secure and Trusted Communications Networks Act of 2019 became law. This item includes a Declaratory Ruling finding that the FCC’s November 2019 order satisfies the FCC’s obligation under section 3 of the Secure Networks Act to prohibit the use of federal subsidies for covered communications equipment and services. It also includes a further notice of rulemaking that seeks comment on implementing various aspects of the Secure Networks Act, including:
- Proposals to create and maintain a list of covered communications equipment and services (Covered List);
- A proposed rule that would prohibit the use of federal subsidies administered by the FCC, including all USF funding, to purchase, rent, lease, otherwise obtain, or maintain any covered communications equipment and services on the Covered List;
- A proposal to require all providers of advanced communications services to submit annual reports to the FCC indicating whether they have purchased, rented, leased, or otherwise obtained any covered communications equipment and services; and
- A proposal to implement enforcement penalties and recovery of improperly spent funds, as required by section 7 of the Secure Networks Act.
Implementation of the National Suicide Hotline Improvement Act
The federal government has established a National Suicide Prevention Lifeline which is currently accessed through a 10-digit number (1-800-273-8255/1-800-273-TALK). In recognition of the need to improve access to this potentially life-saving resource, the National Suicide Hotline Improvement Act of 2018 tasked the FCC with examining and reporting on the technical feasibility of designating a simple, easy-to-remember, 3-digit dialing code for a national suicide prevention and mental health crisis hotline. In December 2019, the FCC adopted the recommendation that it use 988 as the 3-digit code.
The Report and Order would formally designate 988 as the 3-digit dialing code for the national suicide prevention and mental health crisis hotline. By July 16, 2022, all telecommunications carriers, interconnected VoIP providers, and one-way VoIP providers would be required to transmit calls initiated by dialing 988 to the National Suicide Prevention Lifeline. To ensure that calls to 988 go through, providers would also be required to implement 10-digit dialing in areas that both use 7-digit dialing and 988 as an NXX prefix. The 2-year implementation deadline is longer than the 18-month implementation originally proposed in December.
Wireless E911 Location Accuracy Requirements
In November 2019, the FCC adopted a vertical (z-axis) location accuracy metrics for indoor wireless E911 calls as well as deployment timelines. The Report and Order would:
- Affirm the April 3, 2021, and April 3, 2023, z-axis location accuracy requirements for nationwide wireless providers in the top 50 cellular market areas and rejects a proposal to weaken these requirements.
- Allow wireless providers to deploy technologies that focus on multi-story buildings, where vertical location information is most vital to first responders, and handset-based deployment solutions that meet the z-axis metric.
- Require nationwide wireless providers to deploy z-axis technology nationwide by April 3, 2025. Non-nationwide wireless providers would have an additional year, until April 3, 2026, to deploy z-axis technology throughout their service areas.
- Require wireless providers, beginning January 6, 2022, to provide dispatchable location with wireless 911 calls when it is technically feasible to do so.
Review of Rules and Requirements for Priority Services
The FCC oversees three programs to help ensure that emergency workers receive prioritized connectivity to landline and wireless networks, as well as priority for service restoration, if needed. These programs include (1) the Telecommunications Service Priority (TSP) System, which requires certain service providers to prioritize provisioning and restoring wired communications facilities, and allows call prioritization, (2) the Wireless Priority Service (WPS), which is a voluntary program that allows wireless providers to offer prioritization for mobile calls placed by emergency personnel, and (3) the Government Emergency Telecommunications Service (GETS), which is a voluntary program that provides emergency personnel with priority calling on landline networks. The Notice of Proposed Rulemaking would modernize the FCC’s rules to authorize priority treatment of voice, data, and video services for public safety personnel and first responders and streamline the rules by removing outdated requirements that may impede the use of IP-based technologies.
Leased Commercial Access
The leased access rules, which implement statutory leased access requirements, direct cable operators to set aside channel capacity for commercial use by unaffiliated video programmers. The Report and Order would modify the current formula to adopt a tier-based leased access rate calculation that reflects the actual value of leased access channels and changes to cable rate regulation, while also reducing regulatory burdens on cable providers. It would also codify a previous FCC decision that the average implicit fee (i.e., the maximum fee that a cable operator may charge a leased access programmer) should be calculated annually based on contracts in effect in the previous calendar year.
In his blog, Chairman Pai said: “I can’t think of many meetings where we have addressed such a broad array of critical issues, from combatting robocalls to bridging the digital divide to network security to public safety.” I think most providers would agree!
