The FCC announced that it will suspend most operations in the middle of the day today (Thursday, January 3, 2019) if the partial lapse in government funding continues. During the shut-down content on the FCC’s website will remain available but will not be updated (except for matters related to spectrum auctions and as necessary for the protection of life and property). The FCC’s filing window and mail operations will also be closed except to receive filings related to spectrum auction activities. Many filing deadlines will also be extended, as described below.
FCC electronic systems:
The following FCC electronic systems will remain available:
All other FCC electronic filing and database systems will be unavailable to the public until normal agency operations resume. This includes the Electronic Tariff Filing System (ETFS), the International Bureau Filing System (IBFS/MyIBFS), the FCC Form 477 Online Filing System, the 911 Reliability Certification System, and the Consumer Complaint Data Center.
Extension of Filing Deadlines: The FCC is extending the normal filing deadlines under its rules so that all submissions that would be due during a suspension of operations, including submissions otherwise due on January 3, will be due on the second day of normal operations. (Thus, for example, if a lapse in funding ended on a Monday, the FCC would return to normal operations on Tuesday morning). To accommodate the orderly resumption of business, submissions due either during the suspension of operations (including January 3), or on the Tuesday when operations resumed, would instead be due on Wednesday. Also, January 3, 2019, will not be considered a day that the FCC is open for business for the purpose of calculating submission deadlines. This extension of filing deadlines does not apply to NORS and DIRS filings and filings related to spectrum auction activities.
At this time, the FCC is NOT extending the deadlines for any comment of filing periods that occur outside of the time period of January 3, 2019 until the FCC reopens. Once normal operations resume it will consider whether to grant any such extensions.
The FCC emphasized that this extension also does not affect the effective date of FCC actions or other events, or dates for filings with entities other than the FCC7 even if such filings are also made with the FCC. Thus, any filings with fund administrators (e.g., USAC, TRS, NANPA) or entities other than the FCC (such as state commissions, U.S. Territorial Governments, or Tribal Governments) still must be filed timely with such entity. These programs will continue to operate, and services such as TRS will continue to be provided, during a shutdown. If such filings are also required to be filed with the FCC, they should be filed with the FCC once it reopens.
Other: Any Special Temporary Authority (STA) expiring during the suspension of regular FCC operations are extended to the day after regular FCC operations resume except to the extent that such STA relates to the post-incentive auction transition. The FCC’s Fee Filer System will also not be available. No deadline for payments of any type is being extended except for those that can only be paid through Fee Filer, in which case the applicable due date is extended in the same manner as the due dates for other regulatory filings. Otherwise, payments are to be timely made through use of US Bank.
The FCC’s informal shot clock for review of transactions is also suspended.
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The Regulatory Mix Today: FCC Announces Shut-down Plans, FCC's Pai on Failure to Pass BIAS Congressional Review Act Resolution, FCC New USAC Board Members
FCC Chairman Ajit Pai issued the following statement on Congress’s failure to pass a Congressional Review Act l resolution invalidating the FCC’s Internet Freedom Order.
“I’m pleased that a strong bipartisan majority of the U.S. House of Representatives declined to reinstate heavy-handed Internet regulation. They did the right thing—especially considering the positive results for American consumers since the adoption of the Restoring Internet Freedom Order. Over the past year, the Internet has remained free and open. Broadband speeds are up, with download speeds in the United States increasing more than 35% in 2018, according to a recent report from Ookla. Internet access is also expanding, and the digital divide is closing. For example, a recent report by the Fiber Broadband Association found that fiber was made available to more new homes in 2018 than in any previous year. In short, the FCC’s light-touch approach is working. In 2019, we’ll continue to pursue our forward-looking agenda to bring digital opportunity to all Americans.”
FCC New USAC Board members
FCC Chairman Ajit Pai appointed six members to the Board of Directors of the Universal Service Administrative Company (USAC) as follows:
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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.