Today: Kentucky Opts In to FirstNet, FCC Robocall Fine, FCC Chairman Announces August Will Be Rural Broadband Month,  Tentative Agenda for FCC August Open Meeting 

Kentucky Opts In to FirstNet

Kentucky Governor Matt Bevin has decided that Kentucky will opt in to the FirstNet Network.  "Kentucky's first responders are on the front lines every day – their ability to communicate is critical to serving and protecting communities across the Commonwealth," said FirstNet CEO Mike Poth.  "Governor Bevin's decision to join the FirstNet Network will deliver the next-generation tools that public safety needs to better respond to emergencies, natural disasters, and during special events.  FirstNet looks forward to serving Kentucky's public safety communities."

FCC Robocall Fine

The FCC issued a $2.88 million forfeiture against a New Mexico-based company, Dialing Services, for facilitating unlawful robocalls.  Robocallers used Dialing Services’ calling technology platform to make millions of illegal robocalls to mobile phones without express prior consent from consumers.  In 2013, the FCC’s Enforcement Bureau formally warned Dialing Services that it could be held liable for robocalls its customers were making in violation of the Telephone Consumer Protection Act (TCPA, which prohibits autodialed phone calls, robocalls, or texts to wireless phones in most instances without the prior express consent of the called party).  Following the citation, the Bureau investigated and determined that Dialing Services’ platform was still being used to make unlawful robocalls.  The fine reflects the Commission’s determination that Dialing Services was involved in making 180 unlawful robocalls after being warned to stop.  The FCC has previously held that a third party, such as a platform provider, could be liable may be liable under the TCPA if it is so involved in the placement of a call that it essentially made the call.  The FCC found that Dialing Services played a significant role in the illegal robocalls because its platform automatically blocks the originating telephone number and enables caller ID spoofing.

FCC Chairman Announces August Will Be Rural Broadband Month; Agenda Released

In a Blog posted on 7/13/17, FCC Chairman Ajit Pai announced that  "August will be Rural Broadband Month at the FCC."  At the same time, the FCC released the tentative agenda for its August 3, 2017, Open Meeting, which includes the following:

• Connect America Fund Phase II Auction (Auction 903) –A Public Notice to initiate the pre-auction process for the Connect America Fund Phase II auction which will award up to $198 million annually for 10 years to service providers that commit to offer voice and broadband services to fixed locations in unserved high-cost areas.
• Mobility Fund Phase II Challenge Process –An Order on Reconsideration and Second Report and Order that lays out a robust challenge process that will enable the Commission to direct Mobility Fund Phase II support to primarily rural areas that lack unsubsidized 4G Long Term Evolution (LTE) service.
• Form 477 - A Further Notice of Proposed Rulemaking that takes a focused look at the Commission’s Form 477 to improve the value of the data it continues to collect.
• Expanding Flexible Use in Mid-Band Spectrum Between 3.7 GHz and 24 GHz – A Notice of Inquiry that explores opportunities for next generation services – particularly for wireless broadband – in the 3.7 GHz to 24 GHz spectrum range and asks about how the FCC can increase efficient and effective use of this spectrum for the benefit of all services and users. 
• Wireless License Renewal and Service Continuity Reform –A Second Report and Order and Further Notice of Proposed Rulemaking that would adopt unified construction, renewal, and service continuity rules for the Wireless Radio Services, while seeking comment on a range of additional possible actions to increase the number of Americans with access to wireless communications services.
• Transmitter Identification Requirements for Satellite Digital Video Uplink Transmissions – A Memorandum Opinion and Order that waives the requirement that satellite news trucks, and other temporary-fixed satellite earth stations transmitting digital video, comply with the Digital Video Broadcasting-Carrier Identification (DVB-CID) standard if the earth station uses a modulator that cannot meet the DVB-CID standard through a software.

Regarding the CAF Auction item Chairman Pai said that “With this Public Notice, we are seeking comment on the procedures to be used during this auction.  Moving forward now will put us on track to conduct the auction in 2018.”

Listen to this Pocast with TMI's Hal Stringer regarding FCC Form 477

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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.