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
The following are reminders for upcoming Federal Communications Commission (FCC) reports and compliance requirements:
A. Revisions to May 1, 2024 Form 499-Q Quarterly Telecommunications Reporting Worksheet (due June 17, 2024)
Carriers and providers of interstate and international telecommunications that seek to revise their May 1, 2024, Form 499-Q filing must do so within 45 days of the Form 499-Q filing deadline (i.e., June 17, 2024, because the forty-fifth day is a Saturday).
As a reminder, Form 499-Q filers are required to submit the form electronically through USAC's E-File system, available at https://www.usac.org/service-providers/.
II. FILING DEADLINES IN SELECT RULEMAKINGS, INQUIRIES, AND OTHER PROCEEDINGS:
900 Megahertz Band Broadband Spectrum Availability. On April 2, 2024, the FCC issued a Public Notice in WT Dkt. No. 24-99, RM-11977, seeking comment on a February 28, 2024, Petition for Rulemaking that requests an option for potential expanded 5 x 5 megahertz broadband networks in the 900 MHz band. (The current framework provides for 3 x3 megahertz broadband operations.) Comments were due on May 2, 2024, with reply comments due on May 18, 2024 (which is a Saturday, so comments are due on Monday, May 20, 2024, the next business day)
New Information Collection re Mitigation of Orbital Debris. On April 24, 2020, the FCC released a Report and Order and Further Notice of Proposed Rulemaking in IB Dkt. No. 18–313 ("Mitigation of Orbital Debris in the New Space Age"). As detailed in the March 20, 2024, Federal Register, the FCC now seeks Office of Management and Budget approval for a new information collection applicable to (i) non-streamlined space station applicants submitting orbital debris mitigation plans under part 25 of the Commission's rules; (ii) space station applicants qualifying for small satellite streamlined processing under part 25 of the Commission's rules; and (iii) applicants requesting a modification of an existing GSO space station licensee to extend the space station license term under part 25 of the Commission's rules. Paperwork Reduction Act comments are due on May 20, 2024.
New Emergency Alert System (EAS) code. On March 14, 2024, the FCC adopted a Notice of Proposed Rulemaking in Dkt. Nos. 15-91 and 15-94, seeking comment on a proposal to establish a new EAS code for missing and endangered persons (MEP), intended to trigger "Ashanti Alerts" to assist in the location of adults. Following publication in the April 18, 2024, Federal Register, comments are due on May 20, 2024, and reply comments are due on June 17, 2024.
Supporting Survivors of Domestic Violence. On April 8, 2024, the FCC released a Further Notice of Proposed Rulemaking in Dkt. No. WC 22-238, seeking comments on possible actions that the agency might take to facilitate access by survivors of domestic violence to "safe and affordable connectivity," with particular focus on the risks presented by connected car services and their potential use for stalking and harassment. Following publication in the April 23, 2024, Federal Register, comments are due on May 23, 2024, with reply comments due on June 24, 2024.
Internet of Things ("IOT") Product Cybersecurity Labeling. On March 14, 2024, the FCC adopted a Further Notice of Proposed Rulemaking in PS Dkt. No. 23-239, seeking comment, among other things, on proposed rules on additional national security declarations for manufacturers choosing to participate in the voluntary IOT labeling program. The FCC asks whether participating manufacturers should be required to disclose to the FCC and/or to consumers, in addition to disclosures required under the recently adopted, but not yet effective, voluntary FCC IoT Labeling Program) any or all of the following: (i) the development or deployment of software/firmware or updates in or from a "high-risk" country" ("foreign adversary country" as defined by the Dept. of Commerce in 15 C.F.R. §7.4); (ii) whether data collected on each affected IOT product is stored in, or transits, a high-risk country; and (iii) whether to require manufacturers to include declarations regarding these points in their application to use the FCC IoT Label. Following publication in the March 25, 2024, Federal Register and an FCC Public Notice, opening comments were due on April 24, 2024, with reply comments due on May 24, 2024. Paperwork Reduction Act comments on the proposed information collection requirements also are due on May 24, 2024.
Disaster and Network Outage Reporting. On January 25, 2024, the FCC adopted a Second Further Notice of Proposed Rulemaking ("2nd FNPRM") in PS Dkt. Nos. 21-346 and 15-80; ET Dkt. No. 04-35, to develop the record concerning the appropriate extent of reporting requirements for the Disaster Information Reporting System ("DIRS") and Network Outage Reporting ("NORS"). The proposals potentially affect a wide range of providers, including television and radio broadcasters, satellite providers, and mobile/fixed Broadband internet access service providers, as well as the First Responder Network (aka FirstNet). Additional proposals consider whether to adopt a requirement that service providers provide location information for their mobile recovery assets during a disaster recovery. The 2nd FNPRM was published in the March 29, 2024, Federal Register with an accompanying FCC Public Notice. Opening comments were due on May 13, 2024, with reply comments due on June 12, 2024, (extended from the original deadlines of April 29, 2024, and May 28, 2024). Paperwork Reduction Act comments on the proposed information collection requirements are due on May 28, 2024.
Space Station Licensing. On February 15, 2024, the FCC adopted a Notice of Proposed Rulemaking in IB Dkt. Nos. 22-271 and 22-272, seeking comment on a proposed "new framework" to license in-space servicing, assembly, and manufacturing, or "ISAM," space stations. Following publication in the March 15, 2024, Federal Register, opening comments were due on April 29, 2024, with reply comments due on May 29, 2024.
Supplemental Coverage from Space ("SCS"). On March 14, 2024, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking (FNPRM) in GN Dkt. No. 23-65 and IB Dkt. No. 22-271, addressing issues concerning supplemental coverage from space (SCS). The FNPRM seeks comment on methods to improve 911 service for SCS connections, particularly (i) how to move the industry towards a "truly ubiquitous automatic location-based routing of all 911 calls to accelerate connections between first responders and those who need help, regardless of their location" as well as (ii) how to improve the coordination process between Federal and non-Federal stakeholders in the SCS context; and (iii) additional rule changes or policies that are needed to avoid harmful interference to radio astronomy and related services following the SCS licensing process adopted in the Report and Order. Following publication in the April 30, 2024, Federal Register, comments are due on May 30, 2024, and reply comments are due on July 1, 2024.
Communications Marketplace Report. On April 22, 2024, the FCC's Office of Economics and Analytics ("OEA") issued a Public Notice in GN Dkt. No 24-119, requesting comment on the state of competition in the communications marketplace. The input will inform OEA's next submission of the Congressionally-mandated biennial Communications Marketplace Report. Comments are due June 6, 2024, and replies are due July 8, 2024.
Independent Programmer Access to Carriage. On April 17, 2024, the FCC adopted a Notice of Proposed Rulemaking in MB Dkt. No. 24-115, seeking comment on "the current state of the marketplace for diverse and independent programming and on the obstacles faced by independent programmers seeking carriage on multichannel video programming distributors (MVPDs) and online platforms." and on its proposal to mitigate current obstacles by prohibiting most favored nation (MFN) provisions, and unreasonable alternative distribution method (ADM) provisions in program carriage agreements between independent programmers and MVPDs. The FCC also requests comments on current program bundling practices. Following publication in the May 7, 2024, Federal Register, comments are due on June 6, 2024, and reply comments are due on July 8, 2024.
Consumer Digital Discrimination Complaints – Paperwork Reduction Act Comments. On November 15, 2023, the FCC adopted a Report and Order on digital discrimination in GN Dkt. No. 22-69, including proposed revisions to the information currently collected in consumer complaints to add "a layer of consumer reported complaint information related to digital discrimination complaints." Following publication in the April 10, 2024, Federal Register, Paperwork Reduction Act comments are due on June 10, 2024.
Multilingual Wireless Emergency Alerts (WEA). On February 15, 2024, the Public Safety and Homeland Security Bureau released a Public Notice, in Dkt. Nos. 15-91 and 15-94 (with subsequent Errata on April 1, 2024 and April 29, 2024) seeking comment on methods to facilitate the adoption of multilingual Wireless Emergency Alerts (WEA) pursuant to a mandate from the FCC in its October, 2023, WEA Third Report and Order. Proposals include installation of pre-translated messages and use of form-fillable templates. Following publication in the May 13, 2024, Federal Register, comments are due on June 12, 2024, and reply comments are due on July 12, 2024.
FM Broadcast Station Use of Program Originating Boosters. On March 27, 2024, the FCC adopted a Further Notice of Proposed Rulemaking in MB Dkt. No. 20-401, seeking comment on (i) proposed rule revisions to "enable full power FM and low power FM (LPFM) broadcast stations to originate programming using FM booster stations"; (ii) implementation of safeguards in connection with granting broadcasters flexibility to use program originating boosters; and (iii) related rule changes. Following publication in the April 16, 2024, Federal Register, comments were due on May 16, 2024, with reply comments due on June 17, 2024.
Location-Based Routing for Wireless 911 Calls - Paperwork Reduction Act Comments. On January 25, 2024, the FCC adopted a Report and Order in PS Dkt. No. 18-64, mandating that CMRS providers implement location-based routing (LBR) for wireless 911 voice calls and real-time text (RTT) communications to 911 nationwide. Following publication in the May 2, 2024, Federal Register, Paperwork Reduction Act comments on the information collection requirements associated with this mandate are due on July 1, 2024.
Cable/DBS Truth in Billing and Advertising - Paperwork Reduction Act Comments. On March 14, 2024, the FCC adopted a Report and Order, in MB Dkt. No. 23-203, including enactment of a new Rule 76.310 ("Truth in billing and advertising"), to require that cable operators and direct broadcast satellite (DBS) providers specify "all-in pricing" for their video services. Following publication in the May 3, 2024, Federal Register, Paperwork Reduction Act comments on the related information collection are due on July 2, 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. Most 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). Unlike non-pro forma assignments and transfers of control, where there is a substantial change in direct or indirect ownership or control, i.e., a de jure or de facto change introducing a new party or person with a controlling interest, requests regarding pro forma changes where the ultimate control and ownership remains the same 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 such that FCC advance 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.
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