Today's Regulatory Mix: FCC Eliminates Cable Operator Recordkeeping Rule, FCC Frees Spectrum in the 3.45-3.55 GHz Band for 5G, FCC Settles with Carriers that Failed to File 911 Reliability Certifications, Mississippi Requests FCC Audit of AT&T Internet Coverage Claims
FCC Eliminates Cable Operator Recordkeeping Rule
The FCC has adopted a Report and Order eliminating the requirement that cable operators maintain records in their online public inspection files regarding their interests in video programming services. The Order also eliminates the related requirement that cable operators maintain in their online public inspection files information regarding their carriage of these services on cable systems they own.
These requirements contained in section 76.1710 of the FCC’s rules were adopted over 25 years ago, to help police compliance with the FCC’s channel occupancy limits. However, these limits were reversed and remanded by the U.S. Court of Appeals for the D.C. Circuit in 2001, and the FCC has previously determined that no sound evidence or methodology has been offered for establishing new limits. Given that these requirements no longer serve their Intended purpose and the information covered by the rule can be obtained from sources other than public inspection files, the FCC voted to remove this unnecessary and outdated regulatory burden on cable operators. This action is the FCC’s 24th order in its Modernization of Media Regulation Initiative.
FCC Frees Spectrum in the 3.45-3.55 GHz Band For 5G
The FCC is proposing to make 100 megahertz of mid-band spectrum in the 3.45-3.55 GHz band available for 5G deployment across the contiguous United States. It also adopted rules for, and proposed additional changes to, the broader 3.3-3.55 GHz band. The adopted rules remove the secondary, non-federal allocations from the 3.3-3.55 GHz band. The Report and Order relocates non-federal radiolocation licensees to the 2.9-3.0 GHz band, allowing them to continue operating there on a secondary basis to federal operations. It also allows amateur licensees to individually determine appropriate alternative spectrum from existing available spectrum allocations.
In the Further Notice of Proposed Rulemaking, the FCC proposes to allocate the 3.45-3.55 GHz spectrum band for flexible-use service. It seeks comment on an appropriate regime to coordinate non-federal and federal use and proposes a band plan, as well as technical, licensing, and competitive bidding rules for the band. Lastly, it seeks comment on details regarding the processes for relocating non-federal radiolocation operators to the 2.9-3.0 GHz band and sunsetting amateur use in the 3.3-3.5 GHz band.
The item is in response to Congress’s directive in the MOBILE NOW Act to make new spectrum available for flexible use and to work with NTIA to evaluate the feasibility of allowing commercial use in the 3.1-3.55 GHz band. It is also a critical step forward in the FCC’s efforts to free up more spectrum for the commercial marketplace under its comprehensive 5G FAST Plan.
Settles with Carriers that Failed to File 911 Reliability Certifications
The FCC announced that it has settled with seven telecommunications providers that did not file timely 911 service reliability certifications last year. Each provider agreed to pay a civil penalty and abide by a compliance plan to ensure it meets its filing responsibilities going forward.
The FCC’s rules require 911 service providers—generally, the wireline phone companies that route both wireline and wireless calls to 911 call centers or provide administrative lines directly to 911 call centers—to take reasonable measures to provide reliable and resilient 911 service. To that end, the rules require 911 service providers to certify annually that they have either implemented certain industry-backed best practices or acceptable alternative measures with respect to circuit diversity, central office backup power, and network monitoring.
“When you call 911, your call should go through,” said Lisa M. Fowlkes, Chief of the FCC’s Public Safety and Homeland Security Bureau. “The telecommunications providers that route emergency calls are responsible for taking 911 service reliability measures and certifying to the Commission each year that they have done so. Today’s action should remind industry to take this obligation seriously.”
The next deadline for filing annual 911 reliability certifications is October 15, 2020.
Mississippi Requests FCC Audit of AT&T Internet Coverage Claims
Mississippi PSC Chairman Brandon Presley announced that in a letter to the FCC, the PSC requested a full compliance audit of AT&T Mississippi regarding information submitted to federal entities surrounding its claims of providing internet service to homes in Mississippi through the company’s use of federal dollars in the FCC’s Connect America Fund. In recent weeks, Presley issued a subpoena to AT&T as part of a PSC investigation into the company’s claims of providing internet service to 133,000 locations in Mississippi using federal aid from the Connect America Fund. Presley says the PSC has clear and convincing evidence that data submitted by the AT&T Mississippi to federal entities is invalid and that the company has factual knowledge that the information is incorrect.
“AT&T Mississippi has submitted information regarding internet service to Mississippians that was funded by the Connect America Fund that they know is false. Our investigation has revealed a wide-array of inconsistencies in what AT&T advertises as available and what actually exists when consumers try to get internet service. All the while, AT&T has submitted data saying that they have used federal funds to bring internet service to these specific homes,” Presley said. “AT&T knows, for a fact, that information that they have provided regarding where their internet service exists is false. They know that through their own, internal records. It’s imperative that the FCC and other appropriate federal agencies work with us to hold them accountable.”
Recent Briefings from Inteserra:
California Declares State of Emergency in Three Additional Counties; New Advice Letter Required
Colorado Establishes 9-1-1 Thresholds and Charges for 2021
District of Columbia Approves Relief Plan For 202 NPA
FCC Requests Comment on Caller ID Authentication Best Practices
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The Regulatory Mix, Inteserra’s 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.
