Each month, Kelley Drye's Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends. Please review the deadlines below and contact us if you would like assistance or have any questions.

I. Featured Upcoming Compliance Deadlines

II. Filing Deadlines in Select Rulemakings, Inquiries, and Other Proceedings

III. Select Ongoing Filing Requirements

I. FEATURED UPCOMING COMPLIANCE DEADLINES

A. Revisions to February 1, 2024, Form 499-Q Quarterly Telecommunications Reporting Worksheet (cut-off date of March 18, 2024)

Carriers and providers of interstate and international telecommunications that seek to revise their February 1, 2024, Form 499-Q filing must do so within 45 days of the Form 499-Q filing deadline, i.e., by March 18, 2024 (because the 45th day, March 17, 2024, falls on a Sunday).

As a reminder, Form 499-Q filers are required to submit the form electronically through USAC's E-File system, available here.

B. Form 499-A Annual Telecommunications Reporting Worksheet (due April 1, 2024)

All intrastate, interstate, and international providers of telecommunications within the United States, including, but not limited to, telecommunications common carriers, inter connected VoIP providers, providers that provide telecommunications on a non-common carrier basis, and payphone providers that are aggregators are required to file FCC Form 499-A with the Universal Service Administrative Company ("USAC") each year with limited exceptions. In addition, non-interconnected VoIP providers with interstate end-user revenues subject to Telecommunications Relay Service ("TRS") contributions must file the Form 499-A to report the revenues.

The Form 499-A is used to determine a company's required contribution to the Universal Service Fund ("USF"), as well as to the Local Number Portability Administration ("LNPA"), North American Numbering Plan Administration ("NANPA") and TRS funds, and is the basis for a carrier's annual FCC regulatory fee (i.e., the Interstate Telecommunications Service Provider ("ITSP") Fee. For new providers, the Form 499-A also serves as a carrier's FCC registration.

The Form 499-A worksheet, reporting CY 2023 revenues, must be filed by Monday, April 1, 2024. Filers are required to submit the Form 499-A electronically through USAC's available here. Additional guidance is available in the FCC's October 30, 2023, release of the 2024 Form 499-A and associated 2024 Form 499-A Instructions.

NOTE: Any revisions to a filer's 2023 Form 499-A (reporting CY 2022 revenues) which effect a reduction in the filer's USF obligations have a cut-off date of Monday, April 1, 2024. (Please note that the USAC website lists the March 31 deadline, although it is a Sunday.) There is no cut-off date for Form 499-A revisions that result in an increased obligation.

C. Accessibility Recordkeeping Compliance and Contact Information Reporting Requirement (due April 1, 2024)

Telecommunications service providers, providers of advanced communications services ("ACS") like electronic messaging, in-app voice calls and video conferencing, interconnected VoIP providers (collectively, "service providers") and equipment manufacturers, subject to sections 255, 716 and 718 of the Communications Act (as amended by the Twenty-First Century Communications and Video Accessibility Act ("CVAA")), are required to comply, subject to certain exceptions, with recordkeeping requirements to demonstrate that services and equipment are accessible by individuals with disabilities.

Service providers, providers of ACS, and equipment manufacturers must submit an annual certification that records are being kept in accordance with the rules. The certification must state that the service provider or manufacturer has established operating procedures to ensure compliance with the recordkeeping requirements and that records are being kept accordingly. An authorized officer with personal knowledge of the representations in the certification must submit an affidavit or declaration, executed under penalty of perjury, verifying the truth and accuracy of the certification. The certification also must include contact information for the person(s) responsible for resolving consumer complaints and the agent designated for service of formal and informal complaints.

The certification must be submitted by Monday, April 1, 2024, utilizing the Federal Communications Commission's online filing system which can be found here. Additional guidance for filers is available here

D. Supply Chain Annual Reporting (due April 1, 2024)

Pursuant to Section 5 of the Secure and Trusted Communications Networks Act of 2019 and §1.50007 of the Commission's rules, providers of advanced communications service are required to submit their annual Supply Chain Annual Report (unless exempted as described below). In this submission, due by April 1, 2024 (because March 31 is a Sunday), for information as of December 31, 2023, providers must report and certify whether they have purchased, rented, leased, or otherwise obtained any covered communications equipment or service on the list of covered communications equipment and services (the "Covered List") on or after August 14, 2018. Providers with such covered communications equipment or service must submit information annually "including the type, location, date purchased, rented, leased or otherwise obtained, and any removal and replacement plans." (47 C.F.R. § 1.50007). Filings are required from:

  • Providers that reported and certified such covered communications equipment and/or services in 2023; and
  • Providers reporting the presence of newly obtained covered equipment or services (since their last report).

Providers that do not have any covered communications equipment or services are only required to submit an initial report and certification. Therefore, a provider that made, or relied upon, such a certification for the 2023 report and that still has no covered communications equipment or services (as currently included in the Covered List) is not required to make a filing this year.

Providers are reminded that the Covered List is subject to change at any time. Should the Commission subsequently add equipment and/or services to the Covered List (as it did in March 2022 and September 2022), providers using such equipment or services must report on these within 60 days of the change to the Covered List.

Instructions for the submissions, access to the filing portal, and more extensive materials regarding the Supply Chain Annual Reporting requirement are located here.

E. Quarterly Sec. 63.10(c) Dominant International Carrier Reports (due April 1, 2024)

  • International telecommunications service providers that are classified as dominant on certain routes are required to submit (i) a quarterly international traffic and revenue report and (ii) a quarterly provisioning and maintenance report. These reports are due within 90 days from the end of the preceding calendar quarter.
  • Facilities-based international telecommunications service providers that are classified as dominant also are required to file a quarterly circuit status report. This report is due within 90 days from the end of the preceding calendar quarter (April 1, 2024, because March 30, the 90th day of 2024, is a Saturday).

F. Quarterly Section 1.767(l) Submarine Cable Licensee Reports (due April 1, 2024)

Submarine cable licensees that (i) are, or are affiliated with, carriers with market power in any of the submarine cable licensee's WTO Member destination countries; and (ii) have sought streamlined processing of a cable landing license, pursuant to section 1.767 of the Commission's rules are required to file a provisioning and maintenance report and a circuit status report within 90 days from the end of the preceding calendar quarter (April 1, 2024, because March 30, the 90th day of 2024, is a Saturday).

G. Submarine Cable Circuit Capacity Reports (due April 1, 2024)

Each year the FCC collects data regarding capacity held on international submarine cable facilities through the following reports:

  • Circuit Capacity Report – International Submarine Cable – Cable Operators

Licensee(s) of submarine cables between the United States and a foreign point must report available and planned capacity on the cable as of December 31, 2023.

  • Circuit Capacity Report – International Submarine Cable – Capacity Holders

Cable landing licensees and common carriers that hold capacity on the U.S. end of a submarine cable between the United States and a foreign point as of December 31, 2023, must report available capacity held, via cable ownership, indefeasible right of use, or inter-carrier lease, on the U.S. end of every submarine cable between the United States and any foreign point.

The circuit capacity reports are due April 1, 2024, (because March 31 is a Sunday) and must be submitted via the online filing portal. Filers should be sure to review the FCC's Section 43.82 filing manual for further details regarding the reports.

II. FILING DEADLINES IN SELECT RULEMAKINGS, INQUIRIES, AND OTHER PROCEEDINGS

Service Blackout Rebates. On January 10, 2024, the FCC adopted a Notice of Proposed Rulemaking in MB Docket No. 24-20, seeking comment on proposals to require cable TV operators and direct broadcast satellite ("DBS") providers to give rebates to subscribers for the loss of programming during blackouts "that result from failed retransmission consent negotiations or failed non-broadcast carriage negotiations." Following publication in the February 7, 2024, Federal Register, comments are due on March 8, 2024, with replies due on April 8, 2024.

Hearing Aid Compatibility. On December 14, 2023, the FCC adopted a Notice of Proposed Rulemaking ("NPRM") in WT Docket No. 23-388, tentatively concluding that "requiring 100% of all handset models to be certified as hearing aid compatible [HAC] is an achievable objective under the factors set forth in section 710(e) of the Communications Act." The NPRM seeks comment on this tentative determination as well as various proposals for implementation, specifically referencing the HAC Task Force Final Report and recommendations, including adoption of a broader definition of HAC that would include the use of Bluetooth connectivity between wireless handsets and hearing aids. Following publication in the January 26, 2024, Federal Register, comments were filed on February 26, 2024, with replies due on March 11, 2024.

Robotext/Robocall Prevention. On December 13, 2023, the FCC adopted the Second Further Notice of Proposed Rulemaking in CG Docket No. 02–278 and No. 21–402, seeking comment on proposals to prevent unwanted and illegal texts and calls through required blocking of texts from "red-flagged" phone numbers, text message authentication protocols, adoption of a requirement that email-to-text services be "opt-in," and other strategies. Following publication in the January 26, 2024, Federal Register and an FCC January 26, 2024, Public Notice, comments were filed on February 26, 2024, with replies due on March 11, 2024.

Priority Broadcast Application Review. On January 10, 2024, the FCC adopted a Notice of Proposed Rulemaking in MB Docket No. 24-14 proposing to prioritize the review and processing of renewal applications and applications for assignment or transfer of license filed by commercial and noncommercial radio and television broadcast stations that provide locally originated programming. Following publication in the February 8, 2024, Federal Register, comments are due on March 11, 2024, and reply comments are due on April 8, 2024.

Pole Attachment Process and Self-Help. On December 15, 2023, the FCC released a Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking ("FNPRM") in WC Docket No. 17-84, addressing a number of pole attachment issues as key to the success of federal and state-funded broadband access projects. The FNPRM seeks comments on additional ways to facilitate the processing of pole attachment applications and make-ready, including timelines, self-help, and utility qualification of additional contractors, to speed broadband deployment. Comments were due on February 13, 2024, with reply comments now due on March 13, 2024, (extended from the original deadline of February 28, 2024).

Implementing World Radiocommunication Conference 2019 ("WRC-19") Decisions. On December 12, 2023, the FCC adopted a Notice of Proposed Rulemaking ("NPRM"), in ET Docket No. 21–186, seeking comment on proposals to implement certain decisions regarding the 24.25–27.5 GHz band made at WRC-19, in particular to align Part 30 of the FCC's rules for mobile operations with the Resolution 750 limits on unwanted emissions into the passive 23.6–24.0 GHz band that were adopted at WRC–19. Following publication in the January 29, 2024, Federal Register, comments were due on February 28, 2024, with replies due on March 14, 2024.

Broadband Serviceable Location Fabric Data. On January 25, 2024, the Wireline Competition Bureau issued a Public Notice in WC Docket Nos. 10-90, 16-271, 18-143, and 19-126 as well as AU Docket No. 20-34 seeking comment on whether to use the Broadband Serviceable Location Fabric Data to "update and verify compliance with certain High-Cost program support recipients' deployment obligations" and "provide support recipients a reliable data source for determining locations and to maximize the number of consumers that are served by recipients of various High-Cost support mechanisms." Following the February 14, 2024, Federal Register publication, comments are due on March 15, 2024, with reply comments due on April 1, 2024.

Periodic Utility Pole Inspection Reports. On February 12, 2024, the Coalition of Concerned Utilities ("CCU") filed a Petition in WC Docket No. 17-84 for reconsideration of the December 15, 2023, Fourth Report and Order adopted in this proceeding. Specifically, CCU requests that the FCC "eliminate the requirement that utilities submit a copy of periodic pole inspection reports to attaching entities." Following publication in the February 29, 2024, Federal Register, oppositions to the Petition must be filed on March 15, 2024. Replies to oppositions to the Petition must be filed on March 25, 2024.

Service Blackout Reporting. On December 19, 2023, the FCC adopted a Notice of Proposed Rulemaking in MB Docket No. 23-427, seeking comment on a proposal to require "notification to the [FCC] when a blackout of a broadcast television station, or stations, occurs on a video programming service offered by a multichannel video programming distributor ("MVPD") for 24 hours or more due to a breakdown in retransmission consent negotiations between broadcasters and MVPDs." Following publication in the January 26, 2024, Federal Register, comments were filed on February 26, 2024, with replies due on March 26, 2024.

Very Low Power ("VLP") Unlicensed Devices. On November 1, 2023, the FCC released a Second Further Notice of Proposed Rulemakingin ET Docket No. 18-295 and GN Docket No. 17-183, seeking comment on (i) "permitting higher power VLP devices under a two-tiered system where those higher powered devices would be permitted to operate only in locations where the potential for causing harmful interference to incumbent operations remains insignificant," and (ii) "VLP device requirements and limits for operation in the U–NII–6 (6.425–6.525 GHz) and U–NII–8 (6.875–7.125 GHz) bands." Following publication in the February 26, 2024, Federal Register, comments are due on March 27, 2024, with reply comments due on April 26, 2024.

Commercial Space Launch Spectrum. On September 21, 2023, the FCC adopted a Second Further Notice of Proposed Rulemaking ("FNPRM") in ET Docket No. 13–115 and RM–11341, seeking comment on a proposal to adopt certain footnotes to the Table of Frequency Allocations to address the use of spectrum by manned and unmanned spacecraft during space missions, whether to include new spectrum allocations in specific bands for communications with cargo and crew capsules and payload communications with the International Space Station ("ISS") and other crewed space stations, and whether to expand the commercial space launch and reentry use of the 1435-1525 MHz and 2360–2395 MHz bands, in the context of expanding use in the band beyond the small number of frequencies currently designated and limited uses identified in the Commission's rules. Following publication in the February 1, 2024, Federal Register, comments were filed on March 4, 2024, and reply comments are due on April 1, 2024. (Several Wireless Telecommunications Bureau public notices described in the Second Report and Order accompanying the FNPRM have yet to be issued, including one seeking comment on the designation of a third-party coordinator for commercial space flight operations – as well as the coordination process – in the recently adopted non-Federal 2200-2290 and 2025-2110 MHz Space Launch Service band allocations.)

Preventing Digital Discrimination. On November 20, 2023, the FCC released a Further Notice of Proposed Rulemaking ("FNPRM") (with subsequent Erratum) in GN Docket No. 22-69, regarding implementation of Section 60506 of the Infrastructure Investment and Jobs Act and efforts to facilitate equal access to broadband. In particular, the FNPRM seeks comments on proposals for two sets of affirmative obligations for broadband providers as well as the "potential benefits and costs" of establishing an Office of Civil Rights at the FCC. Following publication in the February 1, 2024, Federal Register and a February 2, 2024, FCC Public Notice, comments on the FNPRM were filed on March 4, 2024, and replies are due on April 1, 2024. Paperwork Act Reduction ("PRA") comments on the information collection requirement proposed in the FNPRM are due April 1, 2024.

FM Digital Broadcast Stations. On February 2, 2024, the National Association of Broadcasters and Xperi, Inc. (together, "Petitioners") filed a Petition for Rulemaking Addendum—Request for Clarification in MB Docket No. 22–405, a rulemaking proposing to change the methodology to determine whether an FM digital broadcast station can increase its digital power, and to allow asymmetric sideband operation. Petitioners identify within the record for the proceeding an "important ambiguity that requires clarification regarding the maximum allowable operating power of a digital FM signal" and propose the addition of clarifying text to the August 1, 2023, Notice of Proposed Rulemaking ("NPRM") as well as changes to the proposed new section 73.404(e) of the FCC Rules. In a February 21, 2024, Public Notice, the FCC seeks further comment regarding the Petitioners' proposals. Following publication in the February 29, 2024, Federal Register, comments are due on April 1, 2024, with reply comments due on April 15, 2024.

Telephone Consumer Protection Act Implementation. On February 16, 2024, the FCC released a Report and Order and Further Notice of Proposed Rulemakingin CG Docket No. 02-278. The FNPRM seekscomment on "whether the TCPA applies to robocalls and robotexts from wireless providers to their own subscribers and whether to require an automated opt-out mechanism on every call that contains an artificial or prerecorded voice." Following publication in the March 5, 2024, Federal Register, comments are due on April 4, 2024, with reply comments due on April 19, 2024. Paperwork Reduction Act (PRA) comments on the proposed information collection requirements are due on May 6, 2024.

Emergency Alert System. On February 16, 2024, the FCC released aNotice of Proposed Rulemaking("NPRM") in PS Docket No. 15–94, proposing to implement a multilingual alert processing model for the Emergency Alert System ("EAS"). The NPRM seeks comment on this proposal as well as "a wide range of specific technical, operational, cost and implementation timing issues related to the template alert distribution model." Following publication in the March 7, 2024, Federal Register, comments are due on April 8, 2024, with reply comments due on May 6, 2024.

Pole Attachments -- PRA Comments on Disputes. On December 15, 2023, the FCC released a Fourth Report and Order, Declaratory Ruling, and Third Further Notice of Proposed Rulemaking ("FNPRM") in WC Dkt. No. 17-84 addressing a number of pole attachment issues (see listing above for FNPRM). The Fourth Report and Order revised FCC Rule 1.1411 (timeline for access to utility poles) and adopted a new Rule 1.1415 (dispute resolution procedures). Following publication in the February 27, 2024, Federal Register, Paperwork Act Reduction ("PRA") comments on these changes are due April 29, 2024.

III. SELECT ONGOING FILING REQUIREMENTS

Pro Forma Assignments and Transfers

Assignments of Authorization and Transfers of Control can be filed either as pro forma applications or non-pro forma applications.

A pro forma assignment or transfer is one in which the form of ownership changes but actual control of the license remains with the same entity or person. Pro forma assignments and transfers may be approved under streamlined Forbearance procedures in the case of most telecommunications carriers (e.g., Section 214 authorization holders, wireless licensees (excluding those with installment payment or designated entity issues) and earth station licensees). These pro forma requests do not require prior FCC approval provided that the parties notify the FCC of the change within 30 days. Note that private licenses are not subject to forbearance. FCC approval generally is required for pro forma transfers and assignments of private licenses.

Change in FCC Form 499 Filer Information

Filers must update their registration information, including a DC Agent for Service of Process in accordance with these instructions to the FCC Form 499-A. Filers must file updated information within one week of the contact information change. Filers wishing to update Preparer information, headquarters address, billing contact information, or DC Agent for Service of Process, can submit either an FCC Form 499-A or an FCC Form 499-Q or, for billing-related matters only, email USAC's billing department. Filers wishing to update any other information must submit a revised FCC Form 499-A. For more information, see https://www.usac.org/service-providers/contributing-to-the-usf/making-revisions/.

Filers that cease providing telecommunications must deactivate their Filer ID with USAC by submitting a letter with termination date and information on their successor entity to USAC. Filers must also update their CORES ID information with the Commission

Filers must file within 30 days of the date that the company ceases to provide telecommunications service or telecommunications.

FCC: https://apps.fcc.gov/cores/userLogin.do

USAC: www.usac.org/service-providers/contributing-to-the-usf/manage-your-499-id

Change in Robocall Mitigation Plans

A voice service provider that has not fully implemented the STIR/SHAKEN call authentication framework for all calls must submit a robocall mitigation plan pursuant to 47 CFR § 64.6305(b). Any provider that makes a change in any of the following information must submit a revised robocall mitigation plan within 10 business days of the change. See 47 CFR § 64.6305(b)(5).

  • Its certification as to the implementation of STIR/SHAKEN in its network;
  • The extension(s) that apply to its implementation of the STIR/SHAKEN framework;
  • The specific reasonable steps the voice service provider has taken to avoid originating illegal robocall traffic as part of its robocall mitigation program;
  • Its commitment to respond to all traceback requests and law enforcement requests for information on illegal robocalling; and
  • The provider's business name, d/b/a name(s), former name(s), its legal address and contact information for one person within the company responsible for addressing robocall mitigation-related issues.

The link for submitting a revised robocall mitigation plan is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.