Today:  FCC Formal Complaint Process, FCC Emergency Alert Reliability, FCC Elimination of Some Cellular Rules, FCC Expanded Use of Mid-Band Spectrum 

FCC Formal Complaint Process

At its July Open Meeting, the FCC voted to streamline its formal complaint processes.  The Order consolidates the procedural rules governing formal complaints against common carriers, formal complaints regarding pole attachments, and formal complaints concerning the accessibility of telecommunications and advanced communications services and equipment for people with disabilities.  It also commits the FCC to the goal of meeting a 270-day shot clock for resolution of formal complaints (except for those complaints already subject to a shorter deadline). Among other things, the new rules will:

• Require defendants to answer a complaint within 30 days and require complainants to file a reply within 10 days thereafter.
• Adopt a uniform approach to discovery in all formal complaint matters, giving parties greater certainty regarding available discovery mechanisms.
• Require “executive level” pre-filing settlement discussions in all formal complaint proceedings and codify the Enforcement Bureau’s practice of providing staff-supervised mediation services to parties wishing to negotiate settlement of their dispute.  

FCC Emergency Alert Reliability

At its July Open Meeting, the FCC voted to take additional action to improve the reliability of the emergency alerting system.  The order sets forth procedures for authorized state and local officials to conduct “live code” tests of the Emergency Alert System using same alert codes and processes as would be used in actual emergencies.  The order also:

• Permits authorized Public Service Announcements (PSAs) about the Emergency Alert System to include the system’s Attention Signal (the attention-grabbing two-tone audio signal that precedes the alert message) and simulated Header Code tones (the three audible tones that precede the Attention Signal) so long as an appropriate disclaimer is included in the PSA.
• Requires Emergency Alert System equipment to be configured in a manner that can help prevent false alerts and requires an Emergency Alert System participant, such as a broadcaster or cable system, to inform the FCC if it discovers that it has transmitted a false alert.

The Order also contains a Further Notice of Proposed Rulemaking seeking comment on other specific measures to help stakeholders prevent and correct false alerts and the performance of Wireless Emergency Alerts.

FCC Elimination of Some Cellular Rules

At its July Open Meeting, the FCC voted to eliminate obsolete and unnecessary regulatory burdens applicable to cellular service and other Part 22 licensees. Among other things, the order:

• Modernizes record-keeping rules by deleting rules requiring licensees to retain hard copies of station authorizations and other station records.
• Eliminates the outdated requirement for licensees to maintain station control points and personnel on duty at those control points.
• Eliminates duplicative rules pertaining to operation of mobile stations, operational control of mobile devices, and equal opportunity regulations. 

FCC Expanded Use of Mid-Band Spectrum

At its July Open Meeting, the FCC voted to take several steps toward making more mid-band spectrum available for terrestrial fixed and mobile broadband use by identifying new opportunities for flexible use in up to 500 megahertz of mid-band spectrum between 3.7 and 4.2 GHz.  The Order will require Fixed Satellite Service earth stations operating in the 3.7-4.2 GHz band to certify the accuracy of existing registration and license information and will collect additional information from space station licensees on their operations in the band to assist the FCC and commenters in developing a clearer understanding of how the band is currently being used.  The FCC will then use this information to evaluate the most efficient way to drive the deployment of mid-band spectrum for mobile services and more intensive fixed services.

The Notice of Proposed Rulemaking portion of the item is designed to advance the FCC’s goal of making spectrum available for new wireless uses while treating existing users in the band fairly. It proposes to add a mobile (except aeronautical mobile) allocation to all 500 megahertz in the band and seeks comment on various proposals for transitioning part or all of the band for flexible use, working up from 3.7 GHz, including market-based, auction, and alternative mechanisms.  It also seeks comment on allowing more intensive point-to-multipoint fixed use in some portion of the band, on a shared basis, working down from 4.2 GHz and on how to define and protect incumbent users from harmful interference, and it seeks comment on service and technical rules that would enable efficient and intensive use by any new services in the band.

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The Regulatory Mix, Inteserra’s daily blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.