The Regulatory Mix, TMI’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 a TMI Briefing.

FCC Outage Reporting

The FCC denied a request for an extension of time to file reply comments in its proceeding considering an expansion of the FCC’s outage reporting obligations to include broadband internet access services (BIAS) and updating current reporting requirements for business dedicated services and interconnected VoIP services.  Reply comments are still due by September 12, 2016.  The FCC said it did not find anything unusual about the number of comments or complexity of issues that would warrant an extension in this case.  TMI Briefing Service subscribers see Briefing dated 6/8/16.

FCC Open Meeting - September

The FCC announced the tentative agenda for its September 29, 2016, Open Meeting.  The items are as follows:

• Improving Wireless Emergency Alerts (WEA): A Report and Order and Further Notice of Proposed Rulemaking that would leverage advancements in technology to improve wireless emergency alert content, delivery, and testing, while seeking comment on further measures to ensure effective alerts.
• Review of Foreign Ownership Policies:  A Report and Order that extends to broadcast licensees the same streamlined rules and procedures that common carrier wireless licensees use to seek approval for foreign ownership, with appropriate broadcast-specific modifications.  The item also establishes a framework for a publicly traded common carrier or broadcast licensee or controlling U.S. parent to ascertain its foreign ownership levels.
• Independent Programming: A Notice of Proposed Rulemaking that proposes steps the FCC can take to promote the distribution of independent and diverse programming to consumers. 
• Expanding Consumer Choice: A Report and Order that modernizes the Commission’s rules to allow consumers to use a device of their choosing to access multichannel video programming (See below).

FCC Set Top Boxes

FCC Chairman Wheeler released a Fact Sheet  with details about the set top box reform to be considered at the FCC’s September 29, 2016, Open Meeting.  The Proposal would require pay-TV providers to offer to consumers a free app, controlled by the pay-TV provider, to access all the programming they pay for on a variety of devices, including tablets, smartphones, gaming systems, streaming devices or smart TVs.  Among other things, Pay-TV providers would also have to:  provide their apps to widely deployed platforms, such as Roku, Apple iOS, Windows and Android; enable consumers’ ability to search the content in their service, both linear and on-demand, alongside other video services accessible through the device; and provide consumers with an equivalent ability to access content via the pay-TV app as they have in the set-top box.  The proposal also contains provisions intended to protect copyrights, existing content distribution deals and licensing terms and conditions.  Large providers would have two years to fully implement the new requirements; medium size providers would have four years to comply; and small providers (those with fewer than 400,000 subscribers) will not have to comply with the requirements, but may provide apps or software as appropriate for their business.

FTC Do Not Call List

The FTC announced that the annual fees for telemarketers accessing phone numbers on the National Do Not Call Registry will increase slightly effective October 1, 2016.  Specifically, in FY 2017 telemarketers will pay $61 for access to Registry phone numbers in a single area code (an increase of $1 from FY 2016), up to a maximum charge of $16,714 for all area codes nationwide (up from $16,482 in FY 2016).  The fee for accessing an additional area code for a half year will remain the same at $30.

All telemarketers calling consumers in the United States are required to download the numbers on the Do Not Call Registry to ensure they do not call those who have registered their phone numbers.  The first five area codes are free, and organizations that are exempt from the Do Not Call rules, such as some charitable organizations, may obtain the entire list for free.  Telemarketers must subscribe each year for access to the Registry numbers.

TMI Fall 2016 Telecom Regulatory Seminar & Workshop in Maitland, FL October 18 & 19. See fees and registration info here.

As usual, the seats for attendees are filling up quickly!