Reminder: Federal Communications Commission – July Filings

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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

The following are reminders for upcoming Federal Communications Commission (FCC) reports and compliance requirements:

A. Form 481 (“Carrier Annual Reporting Data Collection Form”) (due July 10, 2024)

Eligible telecommunications carriers participating in the High Cost and/or Lifeline programs are required to submit the annual FCC Form 481 report by July 10, 2024, extended on a one-time basis this year from July 1, 2024. See the USAC website for further information and instructions for filing through the Universal Service Administrative Company (“USAC”) E-file system.

B. Manufacturer Hearing Aid Compatibility Report (Form 655) (due July 31, 2024)

Manufacturers of wireless handsets that are used in the delivery of digital commercial mobile radio service within the scope of FCC Rule 20.19 are required to file information annually regarding their compliance with the FCC’s applicable hearing aid compatibility rules by July 31, 2024, (for the reporting period July 1, 2023 through June 30, 2024). Further information and access to the filing database is available here.

C. Form 499-Q Quarterly Telecommunications Reporting Worksheet (due August 1, 2024)

Carriers and providers of interstate and international telecommunications, including, but not limited to, common carriers, interconnected Voice over Internet Protocol providers, providers offering interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators, are required to file the FCC Form 499-Q on a quarterly basis. Carriers and providers must report their actual and projected end user and carrier’s carrier interstate and international revenues for each calendar quarter by filing the Form 499-Q.

The Form 499-Q filing reporting historical revenue for prior period April 1 through June 30 and projected revenues for upcoming period October 1 through December 31 is due to the Universal Service Administrative Company on or before August 1 of each year.

Carriers and providers do not have to submit the Form 499-Q if they are not required to contribute directly to the universal service support mechanisms, including but not limited to carriers and providers whose annual interstate and international revenues will be de minimis or which are international-only carriers and providers.

Note: Post-filing revisions to this Form 499-Q filing, if any, must be filed within 45 days after August 1, 2024; i.e., by September 16, 2024 (because the 45th day is a Sunday).

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/​s​e​r​v​i​c​e​-​p​r​o​v​i​ders/.

D. Form 502: Numbering Resource Utilization/Forecast Report (due August 1, 2024)

Section 52.15(f) of the FCC’s rules requires carriers that receive numbers from the North American Numbering Plan Administrator (“NANPA”), a pooling administrator, or another telecommunications carrier, to file Form 502 twice annually to report numbering usage and to forecast future numbering resource needs.

The next Form 502 must be submitted to NANPA by August 1, 2024, and reflects information for the preceding 6-month period ending June 30, 2024. Form 502 and related information can be found at here.

E. Broadband Data Collection Announcement

In a June 25, 2024, Public Notice, the Broadband Data Task Force announced the opening on July 1, 2024, of the filing window for the broadband data collection, which is due by September 1, 2024.

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

Safe Connections Act – Paperwork Reduction Act (“PRA”) Comments

On November 15, 2023, the FCC adopted a Report and Order in WC Dkt. Nos. 22-238, 11-42 and 21-450 to implement the mandates of the Safe Connections Act of 2022. The adopted measures included (i) updates to the FCC Form 5629 to include information how survivors suffering financial hardship may qualify to receive emergency communications support through the Lifeline program and document or self-certify their financial hardship status as well as indicate their communication preferences; and (ii) a new requirement for Eligible Telecommunications Carriers (ETCs) seeking to relinquish their ETC designation. Following publication in the June 10, 2024, Federal Register, PRA comments on these information collection elements are due on July 10, 2024.

Orbital Debris Mitigation

On May 2, 2024, the Space Bureau released a Public Notice in IB Dkt Nos. 18-313 and 22-271, seeking to refresh the record concerning the FCC’s proposals, in a 2020 Further Notice of Proposed Rulemaking, to amend its orbital debris mitigation rules. Noting the passage of time and advances in standards and practices, the Bureau requests comment on ​the specific proposals, underlying analysis, and questions contained in the FNPRM, as well as the existing record” in the proceeding. Following publication in the May 28, 2024, Federal Register, comments were due on June 27, 2024, with replies due on July 12, 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 WEAs 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 were due on June 12, 2024, and reply comments are due on July 12, 2024.

FCC FY 2024 Regulatory Fees

On June 13, 2024, the FCC adopted a Second Notice of Proposed Rulemaking in MD Dkt. No. 24-86, seeking comment on a number of regulatory fee issues for fiscal year 2024. Following publication in the June 25, 2024, Federal Register, comments are due July 15, 2024, with reply comments due on July 29, 2024.

Supplemental Coverage from Space: SpaceX Petition for Reconsideration

On May 30, 2024, Space Exploration Holdings, LLC filed a Petition for Reconsideration of the FCC’s March 15, 2024, Report and Order in GN Dkt. No. 23-65 and IB Dkt. No. 22-271 on the issue of satellite aggregate out-of-band power flux density limits. Following publication in the June 20, 2024, Federal Register, oppositions to the Petition were due on July 5, 2024, with replies to oppositions due on July 15, 2024.

Wireless Emergency Alerts (“WEA”) – PRA Comments

On October 19, 2023, the Commission adopted the WEA Third Report and Order (“3rd R&O”) in PS Dkt. Nos. 15-94 and 15-91, adopting a range of enhancements to the WEA program. (See WEA item above.) Following publication in the June 17, 2024, Federal Register, PRA comments regarding the modified information collection requirements arising from the 3rd R&O (including requirements concerning multilingual presentation and commercial mobile service provider participation elections) are due on July 17, 2024.

Border Gateway Protocol (“BGP”) Security Risk Management

On June 6, 2024, the Commission adopted a Notice of Proposed Rulemaking (“NPRM”) in PS Dkt. Nos. 24-146 and 22-90, seeking comment on proposals to require providers of Broadband Internet Access Services (“BIAS”) to prepare confidential BGP security risk management plans at least annually, describing the specific efforts made, or planned, to secure BGP routing architecture. Certain large providers would be required to file these plans, while remaining service providers would need to make their plans available upon Commission Staff request. The NPRM further proposes that a specified list of the largest providers would be required to file, and make publicly available, quarterly reports of certain data enabling the Commission to ​measure progress in [Route Origin Authorization] registration and maintenance and assess the reasonableness of the service provider’s [Plan]...” Following publication in the June 17, 2024, Federal Register, comments are due on July 17, 2024, with reply comments due on August 1, 2024. Comments on the Paperwork Reduction Act proposed information collection requirements are due on August 16, 2024.

76-77 GHz Band Waiver Modification Request

On June 3, 2024, the Wireless Telecommunication Bureau issued a Public Notice in WT Dkt. No. 17-358, seeking comment on the request of IDS GeoRadar for expansion of the scope of its current waiver of the Radiolocation Service frequency table in section 90.103(b). Pursuant to its current waiver, IDS GeoRadar operates its Hyper Definition Radar (“HYDRA”) system in the 76-77 GHz band for use in underground mines, open pit mines, and tunnels. The Company now seeks expansion of the waiver to permit use of the HYDRA system (and a new system) for structural health monitoring and quarry, cut slope, and natural landslide monitoring, committing to compliance with certain technical requirements and operational conditions should the request be granted. Comments on the waiver modification request were due on July 3, 2024, and replies are due on July 18, 2024.

Air-to-Ground (“ATG”) Operations in the 849-851 MHz and 894-896 MHz Bands

On June 21, 2022, in WT Dkt. No. 21-282, the Wireless Telecommunications Bureau granted a waiver to Gogo Business Aviation LLC, (“GOGO”), of Rule 22.867 regarding effective radiated power (“ERP”) limits for ATG operations in the 849-851 MHz and 894-896 MHz bands. In satisfaction of a condition to the waiver, on July 21, 2022, Gogo Business Aviation LLC filed a Petition for Rulemaking in WT Dkt. No. 21-282 and RM-11985, asking that the FCC ​amend or remove sections 1.929(e)(2), 22.165(f), 22.313, 22.853, 22.859, 22.861, 22.863, and 22.867 of the Commission’s rules and any other necessary Part 22 rule changes” and proposing rule changes ​to modernize and enable even more efficient use of the 800 MHz ATG Band for next-generation services.” Following issuance of a Public Notice on June 20, 2024, comments are due on July 22, 2024, with reply comments due on August 6, 2024.

Disaster Information Reporting System (“DIRS”) Information Collection Revision – PRA Comments

On January 25, 2024, the FCC adopted a Second Report and Order in PS Dkt. Nos. 21-346 and 15-80 and ET Dkt. No. 04-35 (see listings above), requiring certain infrastructure status reporting by cable communications, wireless, wireline and interconnected VoIP providers, during and immediately following emergencies, to establish a ​new cadence for DIRS reporting.” Following publication in the May 24, 2024, Federal Register, PRA comments on the revised information collection are due on July 23, 2024.

Georouting Solutions for Calls and Texts to the 988 Suicide & Crisis Lifeline

On April 25, 2024, the FCC adopted a Second Further Notice of Proposed Rulemaking in WC Dkt. No. 18-336, seeking comment on a proposed requirement for wireless carriers to implement one or more georouting solutions for calls to the 988 Suicide & Crisis Lifeline as well as various issues related to the implementation of georouting solutions for wireless and non-wireless calls and text messages to the 988 Suicide & Crisis Lifeline. Following publication in the May 29, 2024, Federal Register, comments were due on June 28, 2024, and reply comments are due on July 29, 2024. Paperwork Reduction Act comments on the proposed information collection requirements are due on July 29, 2024.

Form 499-A/499-Q Revisions

On June 28, 2024, the Wireline Competition Bureau issued a Public Notice in WC Dkt. No. 06-122, requesting comment on proposed revisions to the annual and quarterly telecommunications worksheets and instructions. Comments are due July 29, 2024.

Low Power Television Service

On June 5, 2024, the FCC adopted a Notice of Proposed Rulemaking in MB Dkt. Nos. 24-147 and 24-148, seeking comment on its proposal for ​comprehensive updates” to the rules for the Low Power Television Service (LPTV Service). Following publication in the June 27, 2024, Federal Register, comments are due on July 29, 2024, with reply comments due on August 26, 2024

Federal Access to Non-Federal Satellite Services

On April 26, 2024, the Office of Engineering and Technology released a Public Notice in ET Dkt. No. 24-121, seeking comment on ​possible mechanisms to expand Federal use of the bands used by commercial satellite networks that are not currently allocated for Federal FSS and MSS.” Comments submitted in response to this request will be considered alongside the existing record in ET Docket No. 13-115 and RM-11341. Particular topics for comment include strategies to provide Federal earth stations with interference protection when they communicate with commercial satellites in bands that are not allocated for Federal FSS and MSS and the 2013 proposals in ET Docket No. 13-115 and RM-11341 for changes to the Allocation Table. Following publication in the July 1, 2024, Federal Register, comments are due on July 31, 2024, with reply comments due on August 30, 2024.

High-Cost Recipient Letters of Credit

On June 6, 2024, the FCC adopted a Notice of Proposed Rulemaking in WC Docket Nos. 10-90, 18-143, 19-126, and 24-144; AU Docket Nos. 17-182 and 20-34; GN Docket No. 20-32, proposing to modifying LOC requirements for High Cost support. Following publication in the July 5, 2024, Federal Register, comments are due on August 5, 2024, with reply comments are due on August 19, 2024.

Robocall Prevention – PRA Comments

On December 29, 2020, the FCC adopted the Fourth Report and Order in CG Dkt. No. 17-59, continuing efforts to protect consumers against unwanted and unauthorized robocalls and to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. On June 13, 2024, the Commission published a Notice in the Federal Register seeking PRA comments on proposed revisions to current information collections regarding call blocking (on an opt-in or opt-out basis), specifically with respect to the proposed requirement of Rule 64.1200(k)(10) that terminating voice service providers provide subscribers (upon request) with a list of all calls blocked within the preceding 28 days. Comments are due on Aug. 12, 2024.

Interim 911 Requirements for Supplemental Coverage from Space -- PRA Comments

On March 15, 2024, the FCC released a Report and Order in GN Dkt. No. 23-65 and IB Dkt. No. 22-271, including new 911-related reporting requirements for CMRS providers that use SCS arrangements to expand coverage to their end-users. Following publication in the June 21, 2024, Federal Register, PRA comments on this new information collection are due on August 20, 2024.

 

Customer Proprietary Network Information (“CPNI”) and Other Customer Information -- PRA Comments

Following publication in the June 25, 2024, Federal Register, PRA comments are requested concerning new and modified information collection requirements concerning management of CPNI and other customer information, as adopted in (i) the November 16, 2023, SIM Swap and Port-Out Fraud Order (WC Dkt. No. 21-341) and (ii) the December 21, 2023, Data Breach Report and Order (WC Dkt. No. 22-21). Comments are on August 26, 2024.

Supplemental Coverage from Space (“SCS”) -- PRA Comments

Following publication in the July 1, 2024, Federal Register, PRA comments are requested for proposed revisions to current information collections in connection with licensing and spectrum usage by commercial earth stations and space stations. Pursuant to these revisions, parties seeking to provide SCS will be required to submit a new or modified FCC Form 312 with certifications regarding their intended provision of SCS and provide a detailed description of their proposed SCS operations. Comments are due on August 30, 2024.

Equipment Authorizations

On May 23, 2024, the FCC adopted a Notice of Proposed Rulemaking in ET Dkt. No. 24-136, seeking comment on proposals to promote the national security and the integrity of the communications supply chain by strengthening requirements and oversight relating to telecommunications certification bodies and measurement facilities with respect to their role for equipment authorizations. Following publication in the July 5, 2024, Federal Register, comments are due on September 3, 2024, with reply comments due on October 3, 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/​s​e​r​v​i​c​e​-​p​r​o​v​i​d​e​r​s​/​c​o​n​t​r​i​b​u​t​i​n​g​-​t​o​-​t​h​e​-​u​s​f​/​m​a​k​i​n​g​-​r​e​v​i​s​ions/.

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/​c​o​r​e​s​/​u​s​e​r​L​o​g​in.do

USAC: www​.usac​.org/​s​e​r​v​i​c​e​-​p​r​o​v​i​d​e​r​s​/​c​o​n​t​r​i​b​u​t​i​n​g​-​t​o​-​t​h​e​-​u​s​f​/​m​a​n​a​g​e​-​y​o​u​r​-​4​99-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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Kelley Drye & Warren LLP

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