Fifth Circuit Upholds Constitutionality of the Universal Service Fund and Legality of FCC’s Reliance on USAC for its Administration
On Friday, March 24, the U.S. Court of Appeals for the Fifth Circuit denied a petition challenging the constitutionality of Congress’s delegation of authority to the FCC to create and oversee the Universal Service Fund (USF) program that has existed since shortly after the Telecommunications Act of 1996. The petition also challenged the FCC’s reliance […]
Form 499 Filers Beware! Risks and Consequences are High for Carriers Reporting Wholesale Revenue in Reliance on USF Exemption Certification Forms
This year’s FCC Form 499 deadline, April 3rd, is fast approaching. For wholesale telecommunications providers, common pitfalls in reporting practices could leave you at risk of greater exposure to USF liability. In particular, all revenues reported in Block 300 as “wholesale” and exempt from USAC’s USF assessment must be properly supported by documentation in order […]
FCC Imposes Sweeping New Robocall Mitigation Requirements on ALL Voice Service Providers, Including Those that Were Previously Exempt; Severe Sanctions Will be Levied on Violators; Comments Sought on Additional Rules
Last week, the Federal Communications Commission (“FCC” or “Commission”) released a draft Report and Order and Notice of Proposed Rulemaking (“Order” and “NPRM”) that will impose drastic and stringent new robocall mitigation rules on all voice service providers (“VSPs”) operating in the U.S. When finalized, the new rules will apply to VSPs previously exempted from […]
Canadian Regulator Requires All Carriers to Begin Reporting Network Outages on Interim Basis; Initiates Rulemaking to Consider Permanent Network Outage Reporting Rules
The Canadian Radio-television and Telecommunications Commission (CRTC) initiated a proceeding through the linked Notice of Consultation that will impact all providers of telecommunications (including wireless and VoIP) services in Canada. The goal of the proceeding is to develop rules to improve and enhance the resiliency and reliability of Canada’s telecom networks in the aftermath of […]
FCC Implementation of Rules Mandating Broadband “Nutrition Labels” Inches Forward; Agency and Industry Await OMB Approval
Back on November 17, 2022, the FCC released an Order and Further Rulemaking adopting rules requiring Internet service providers (“ISPs”) to display — at the point of sale — labels that disclose information about: Prices and fees (including introductory rates or discounts) applicable to the services being purchased, Data allowances and broadband speeds, and Information […]
Ofcom Publishes New Rules for Telecom Providers to Combat Scam Calls
The Office of Communications, commonly known as Ofcom, is the government-approved regulatory and competition authority for the broadcasting, telecommunications and postal industries of the United Kingdom. On November 15, 2022, Ofcom released new regulations intended to crackdown on scam calls and scammers using Caller ID information for fraudulent purposes. The new rules are specifically intended […]
FCC Orders all ISPs to Implement Broadband ‘Nutrition Labels’ Disclosing Charges, Speeds, Limitations and Other Terms of Service
On November 17, 2022, the FCC released an Order and Further Rulemaking adopting rules requiring Internet service providers (“ISPs”) to display — at the point of sale — labels that disclose information about: Prices and fees (including introductory rates or discounts) applicable to the services being purchased, Data allowances and broadband speeds, and Information about […]
California Transforms CA Combined Surcharge; Effective April 2023, Access Line Based Contribution Methodology Replaces Revenue-Based System
On October 24, 2022, the California Public Utilities Commission (CPUC) released Decision 21-10-021 in Rulemaking Docket 21-03-002 wherein the CPUC adopted the Administrative Law Judge’s proposed order implementing a new surcharge mechanism that fundamentally transforms California’s universal service, lifeline and public interest programs, commonly known in the industry as the “California Combined surcharge” (CA Combined)(the […]
CALL TO ACTION! Seeking Additional Stakeholders Interested in Filing Joint Comments in FCC’s RoboText Mitigation Rulemaking Proceeding; Must Act Fast!
As delineated in a recent Client Advisory, the Federal Communications Commission (“FCC” or “Commission”) is proposing new rules to mitigate malicious robotext campaigns. The FCC is soliciting public comments on whether to require mobile wireless providers to, among other things, find and actively block illegal texts, as well as ideas to apply caller ID authentication […]
FCC Submits 2022 Biennial CVAA Report to Congress, Citing Compliance Gaps in Video Conferencing Services
On October 11, 2022, the Federal Communications Commission (“FCC” or the “Commission”) released its sixth CVAA biennial report to Congress (the “Report”), assessing industry compliance over the past two years with sections 255, 716, and 718 of the Communications Act of 1934, as required by the 21st Century Communications and Video Accessibility Act (“CVAA”). These […]
FCC Enforcement Bureau Orders 7 Providers to Show Cause Why They Should Not Have Traffic Blocked for Alleged Non-Compliance With Robocall Mitigation Rules
The FCC’s Robocall Response Team today announced first-of-their-kind Enforcement Bureau orders to begin removing seven voice service providers from the agency’s Robocall Mitigation Database. The orders demanded that Akabis, Cloud4, Global UC, Horizon Technology Group, Morse Communications, Sharon Telephone Company, and SW Arkansas Telecommunications and Technology show cause within 14 days as to why the […]
FCC Proposes $153,000 Penalty Against VoIP Provider Whose Outsourced Compliance Vendor Allegedly Failed to Respond to USAC
Yesterday, the Federal Communications Commission (FCC) released a Notice of Apparent Liability for Forfeiture (NAL), proposing a $153,000 penalty against PayG, LLC, d/b/a Skyswitch, for its alleged failure to: (a) cooperate with the revenue reporting verification functions (i.e., “contributor audits”) performed by the Universal Service Administrative Company (USAC) on behalf of the FCC, (b) file […]
FCC Annual Regulatory Fees Due by September 28th – 25% PENALTY for Late Payment
TIME-SENSITIVE REGULATORY COMPLIANCE NOTICE: Annual Regulatory Fees Payable to the Federal Communications Commission Due No Later than September 28, 2022 Nearly all Federal Communications Commission (FCC or Commission) licensees and other regulated entities must pay regulatory fees annually to offset costs associated with the FCC’s enforcement, public service, international, policy, and rulemaking activities. Fee amounts […]
FOR IMMEDIATE ATTENTION! California Opens Rulemaking Proceeding to Determine Future Regulatory Framework Applicable to VoIP Services; Clock is Ticking and the Time to Voice Your Concerns is Now!
On August 30, 2022, the California Public Utilities Commission (“CPUC” or “Commission”) issued an Order Instituting a Rulemaking to consider issues related to licensing of interconnected VoIP (“I-VoIP”) providers. In particular, the CPUC will examine its authority to regulate nomadic I-VoIP providers, specifically to (a) collect state Universal Service Fund (“USF”) surcharges; and (b) adopt […]
Reconnect 4 Rural Broadband Funding Application Window Opens On September 6, 2022
The United State Department of Agriculture (“USDA”) has announced that it will begin accepting applications for the next round of funding through its Rural Development Broadband ReConnect Program (“ReConnect 4”) beginning September 6, 2022. The application window closes on November 2, 2022. Reconnect 4 provides loans, grants, and loan/grant combinations to facilitate broadband deployment in […]
Public Knowledge, et al., Amends Petition Asking FCC to Classify Interconnected VoIP as a Title II Telecommunications Service
On August 11, 2022, Public Knowledge, Communications Workers of America, Center for Rural Strategies, National Association of State Utility Consumer Advocates, Next Century Cities, the Public Utility Law Project of New York, and the Utility Reform Network (hereafter, Public Knowledge, et. al), filed an amended petition for declaratory ruling, asking the FCC to classify interconnected […]
