In our previous advisory regarding FCC Form 855 filing requirements, we noted the uncertainties in the rules concerning the obligation of wireless service providers that do not offer handsets (Bring Your Own Device-only providers) to file. After further clarification from FCC staff, we want to ensure that all affected providers are aware that ALL wireless service providers – including those that only offer E-SIMs and do not sell physical devices – are required to file FCC Form 855. The filing deadline is this Friday, January 31, 2025.
FCC Confirms Filing Requirement for All CMRS Providers
According to FCC specialist, all wireless service providers—regardless of whether they offer handsets—must file FCC Form 855. Specifically, the FCC has confirmed:
“Section 20.19(e)(1)(i) states that service providers that offer two or fewer handsets in an air interface in the U.S. are exempt from the requirements of this section in connection with that air interface, except with regard to the reporting requirements in paragraph (i). Section (i) addresses reporting requirements for all service providers, including MVNOs.
The two sections read together require all service providers to file FCC Form 855, even if the service provider did not offer any handset models during the reporting period.
This type of service provider should make sure to check ‘yes’ for the first question in the de minimis section and should enter zero for the percentage question.”
We want to emphasize that all CMRS providers are required to file Form 855, regardless of whether they sell physical handsets, offer E-SIMs, or provide other services that enable mobile connectivity.
Urgent Compliance Reminder – Filing Deadline This Friday
If your company previously assumed it was exempt because it does not offer physical handsets, please be aware that the FCC still requires you to file FCC Form 855. The filing deadline is this Friday, and failure to comply could result in penalties.
If you have any questions regarding your filing obligations or require assistance with FCC Form 855 compliance, please contact your assigned attorney immediately. Our team is available to guide you through the filing process and ensure compliance with FCC regulations before the deadline.
NEED HELP WITH FCC COMPLIANCE?
As always, our firm remains committed to providing up-to-date legal guidance and support to help our clients navigate the ever-evolving digital landscape. Companies should carefully review the accessibility of their video conferencing services in light of new FCC rules. Our firm is available to provide comprehensive compliance support so that your firm meets the Communications Act and the FCC standards and avoids costly legal exposure.
Michal Nowicki – Tel: 703-714-1311 / E-mail: mjn@commlawgroup.com
