Today's Regulatory Mix:  FCC Issues Spoofing Fine, FCC Streamlines Rules for Wireless Infrastructure, FCC Expands Unlicensed Wireless Operations in TV White Spaces, FCC Establishes 5G Fund

FCC Issues Spoofing Fine

The FCC has released the adopted Forfeiture Order regarding a $37.5 million fine against Affordable Enterprises of Arizona for making more than 2.3 million unlawful spoofed telemarketing calls to Arizonans during a 14-month span starting in 2016.  The company manipulated the caller ID information so that many calls appeared to come from consumers who were unconnected to the company. Calls also appeared to come from unassigned phone numbers and numbers assigned to pre-paid “burner” phones. In each case, the caller ID was spoofed, and consumers were unable to identify from the caller ID that the call was from Affordable Enterprises.

The FCC Enforcement Bureau’s investigation started with a tip from a former employee of the company and relied on, among other things, subpoenaed phone records and extensive review of consumer complaints.  The spoofed telemarketing calls were to sell home improvement and remodeling services.

FCC Streamlines Rules for Wireless Infrastructure

The FCC revised its rules to streamline the state and local government review process for modifications to existing wireless infrastructure that involve excavation and deployment beyond existing site boundaries.  The revised rules provide that excavating or deploying transmission equipment in an area no more than 30 feet beyond existing site boundaries would not disqualify the modification from §6409(a) treatment. (§6409(a) of the Spectrum Act of 2012, which provides that state and local governments may not deny certain requests to modify existing wireless structures that do not substantially change the physical dimensions of the structures.)  This change is consistent with the current Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, which provides that excavation or deployment within the same limited area beyond a site boundary generally does not warrant federal historic preservation review of a collocation. The Report and Order also defines site boundaries in a manner that appropriately reflects prior state or local government review.

The action is intended to promote the accelerated deployment of 5G and other advanced wireless services by facilitating the collocation of antennas and associated equipment on existing infrastructure while preserving the ability of state and local governments to manage and protect local land-use interests.

FCC Expands Unlicensed Wireless Operations in TV White Spaces

The FCC has amended its rules governing unlicensed wireless services provided over spectrum in the television broadcasting bands – the so-called TV white spaces. The amended rules will allow for expanded use of this spectrum for the delivery of broadband services in rural and underserved communities while protecting broadcast television stations and other licensed services from harmful interference.  The rule changes increase: (1) the maximum permissible power and antenna height for fixed white space devices operating in “less congested” areas (generally rural and unserved areas) in the TV bands; and (2) the minimum required separation distances between protected services and entities operating in the band and white space devices operating at the new higher power levels and higher heights above average terrain in order to ensure that broadcast television stations are protected from harmful interference.  The changes also provide flexibility for new and innovative narrowband white space devices so that users can more fully benefit from Internet of Things applications. 

The FCC also adopted a Further Notice of Proposed Rulemaking to explore whether to modify its rules to permit the use of terrain-based models to determine available TV channels for white space devices.

FCC Establishes 5G Fund

The FCC voted to create the 5G Fund for Rural America, which will distribute up to $9 billion over the next decade to bring 5G wireless broadband connectivity to rural America.  The 5G Fund will use multi-round reverse auctions in two phases to target support from the Universal Service Fund to eligible areas based upon the improved mobile broadband coverage data gathered in the FCC’s Digital Opportunity Data Collection proceeding.

Phase I of the 5G Fund will target up to $8 billion of support nationwide to areas lacking unsubsidized 4G LTE or 5G mobile broadband, with $680 million specifically set aside for bidders offering to serve Tribal lands. Phase II will provide at least an additional $1 billion, along with any unawarded funds from Phase I, to specifically target the deployment of technologically innovative 5G networks that facilitate precision agriculture. The auction will also account for T-Mobile’s enforceable commitment to the FCC to cover 90% of rural Americans with its 5G network within six years in order to avoid spending limited federal resources on wasteful overbuilding.  It will also employ an adjustment factor to ensure that the hardest-to-serve areas, such as those with rugged terrain or sparse populations, can compete in the auction.

Winning bidders will be required to deploy networks providing 5G mobile broadband at speeds of a least 35/3 Mbps and meet interim deployment milestones beginning at the three-year mark and a final deployment milestone at the end of the sixth year.  Starting next year, carriers receiving legacy mobile high cost support must begin spending an increasing portion of their $368 million in support to bring 5G to rural, high cost areas.

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Recent Briefings from Inteserra!

California Increases CASF Surcharge

FCC Announces Effective Date For Revised Rules On Application of ICS Ancillary Service Fees

Georgia Approves Overlay For the 404/470/678/770 NPA

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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.