Public Notice

Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment

High-speed broadband is an increasingly important gateway to jobs, health care, education, information, and economic development. Access to high-speed broadband can create economic opportunity, enabling entrepreneurs to create businesses, immediately reach customers throughout the world, and revolutionize entire industries. We propose and seek comment on a number of actions designed to accelerate the deployment of next-generation networks and services by removing barriers to infrastructure investment.

This Notice of Proposed Rulemaking, Notice of Inquiry, and Request for Comment seeks to better enable broadband providers to build, maintain, and upgrade their networks, which will lead to more affordable and available Internet access and other broadband services for consumers and businesses alike. Today’s actions propose to remove regulatory barriers to infrastructure investment at the federal, state, and local level; suggest changes to speed the transition from copper networks and legacy services to next-generation networks and services; and propose to reform Commission regulations that increase costs and slow broadband deployment.

FCC Announces The Rechartering Of The Communications Security, Reliability, And Interoperability Council For A Sixth Two-Year Term And Solicits Nominations For Membership

The Federal Communications Commission announces the re-chartering of the Communications Security, Reliability, and Interoperability Council (CSRIC or Council), which will provide advice and recommendations to the Commission to improve the security, reliability, and interoperability of the nation’s communications systems. By this Public Notice, we seek nominations for membership on and a Chairperson for this Committee. The Commission intends to establish the CSRIC for a period of two (2) years, with an expected starting date in the early summer of 2017.

FCC Announces The Membership and First Meeting of the Broadband Deployment Advisory Committee

Federal Communications Commission Chairman Ajit Pai announced the appointment of 29 members to the FCC’s newly created Broadband Deployment Advisory Committee (BDAC), which will meet for the first time on April 21, 2017. The BDAC’s inaugural meeting will focus on member introductions, directing initial assignments to committee members, and providing additional information about BDAC working groups. In addition, the group will begin initial discussions on strategies for accelerating the deployment of broadband.
Chairman Pai has named Elizabeth Pierce, CEO of Quintillion Subsea Operations and Quintillion Networks, to serve as Chair of the BDAC, and Kelleigh Cole, Director of the Utah Broadband Outreach Center in the Utah Governor’s Office of Economic Development, to serve as Vice Chair. As the BDAC gets underway, it will have five working groups tackling projects critical to promote broadband deployment.
Model Code for Municipalities.—Douglas Dimitroff of the New York State Wireless Association will serve as Chair of this working group, and the Honorable Sam Liccardo, Mayor of San Jose, California, will serve as Vice Chair.
Model Code for States.—Kelly McGriff of Southern Light will serve as Chair of this working group, and the Honorable Karen Charles Peterson, Commissioner, Massachusetts Department of Telecommunications and Cable, for the National Association of Regulatory Utility Commissioners will serve as Vice Chair.
Competitive Access to Broadband Infrastructure.—Ken Simon of Crown Castle will serve as Chair of this working group, and Brent Skorup of the Mercatus Center at George Mason University will serve as Vice Chair.
Removing State and Local Regulatory Barriers.—Robert DeBroux of TDS Telecom will serve as Chair of this working group, and Kim Keenan of the Multicultural Media, Telecom and Internet Council will serve as Vice Chair.
Streamlining Federal Siting.—Jonathan Adelstein of the Wireless Infrastructure Association will serve as Chair of this working group, and Valerie Fast Horse of the Coeur d’Alene Tribe will serve as Vice Chair.

Entercom-CBS Merger Public Notice

On March 20, 2017, pursuant to an Agreement and Plan of Merger dated February 2, 2017, Entercom Communications Corp. (Entercom) and CBS Corporation (CBS), and its wholly-owned subsidiary CBS Radio, Inc. (CBSR), jointly submitted applications to the Commission seeking consent to the transfer of control and assignment of certain licenses pursuant to Section 310(d) of the Communications Act of 1934, as amended.

The proposed transfer of control and assignment of these licenses is part of a larger transaction whereby: (1) CBSR will be separated from CBS pursuant to a Master Separations Agreement dated February 2, 2017; and (2) a wholly-owned subsidiary of Entercom (Constitution Merger Sub Corp.) will merge with CBSR, with the merged CBSR surviving as a whollyowned subsidiary of Entercom. Contemporaneously, Entercom will contribute all of the issued and outstanding equity interests of its direct subsidiary, Entercom Radio, LLC, to CBSR, resulting in a substantial change in control of Entercom from the current ownership. The jointly filed applications are listed in the Appendix to this Public Notice.

FCC Proposes To Release 4G LTE Mobile Speed Data To Facilitate Implementation Of Mobility Fund II Support

Previously, the Federal Communications Commission affirmed that it sought to promote the deployment of 4G LTE in all areas where it would not be offered by the private sector in the absence of universal service support. To identify those geographical areas potentially eligible for such support, the FCC decided to use 4G LTE deployment at a minimum advertised download speed benchmark of at least 5 Mbps, based on service providers’ Form 477 filings. The FCC concluded that any census block not fully covered by unsubsidized 4G LTE of at least 5 Mbps advertised download speed will encompass areas that are eligible for support in the Mobility Fund II auction. While the FCC directed its Wireless Telecommunications Bureau (WTB) and the Wireline Competition Bureau (WCB) to make an initial determination of eligible areas by census block based on the Form 477 filings, it also stated its intention to “provide a robust process for interested parties to challenge our list of presumptively eligible areas for MF-II support.”

To aid interested parties, and to provide additional information about the geographical areas eligible for Mobility Fund II support, the WCB and WTB propose to release minimum advertised or expected 4G LTE speed data included in the December 31, 2015, and June 30, 2016 Form 477 filings (and any subsequent Form 477 filings) to facilitate Mobility Fund II analysis. Disclosure of the minimum advertised or expected speeds associated with service providers’ 4G LTE coverage submitted in their Form 477 filings will enable a transparent process for challenges, and final determinations of areas eligible for Mobility Fund II support. Strong public interest benefits support disclosing the minimum advertised or expected 4G LTE speeds.

FCC Names Ombudsperson for Issues Related to Combating Contraband Wireless Devices

By this Public Notice, the Wireless Telecommunications Bureau (WTB) names Charles Mathias as the ombudsperson to serve as the single point of contact for issues related to contraband wireless devices in correctional facilities and the deployment of technologies used to combat this vital public safety problem. Mathias will also continue serving in his current position as Associate Chief in WTB.

Commissioner Mignon Clyburn Releases Final #Solutions2020 Call to Action Plan

Our office is pleased to release a final version of the #Solutions2020 Call to Action Plan. We believe these recommendations, if acted upon in a timely manner, can deliver robust, affordable, and reliable connectivity within the next four years. Taken together, these recommendations would narrow the opportunities divide, support the growth of our economy and greatly improve the quality of life for all Americans. Implementation will require bipartisan action, support from leaders at the federal, state and local levels as well as buy-in from representatives of the technology and telecommunications industries. I look forward to working with my fellow Commissioners, Members of Congress, state and local government partners, the public interest community and industry to bring about real and lasting change by the end of this decade.

Overall Recommendations:
1) Ensuring Affordable Communications
2) Empowering Communities
3) 5G and Beyond for All Americans
4) Enhancing Consumer Protections
4) Broadband as a Driver of Imporved Health Services
6) Promoting a More Diverse Media Landscape

FCC Seeks Comment On The State Of Mobile Wireless Competition

This Public Notice solicits input on competition in the mobile wireless industry for the Federal Communications Commission’s Twentieth Annual Report on the State of Competition in Mobile Wireless, including Commercial Mobile Radio Services.

The Communications Act requires the submission to Congress each year of reports analyzing competitive conditions with respect to commercial mobile services. With this Public Notice, the Wireless Telecommunications Bureau (the Bureau) seeks information and data for the Commission’s analysis of competition in the mobile wireless industry for the Twentieth Report.

Interested parties may file comments on or before May 8, 2017 and reply comments on or before June 7, 2017.

FCC Announces Rollout of Version 3.0 of the Network Outage Reporting System

By this Public Notice, the Federal Communications Commission’s Public Safety and Homeland Security Bureau announces the rollout of Version 3.0 of the Network Outage Reporting System (NORS). Under Part 4 of the Commission’s rules, certain communications providers (e.g., wireless, wireline, cable, satellite communications and interconnected Voice over Internet Protocol (VoIP)) must report significant disruptions or outages to their communications systems.

NORS Version 3.0 improvements will enhance the overall security and reliability of NORS and allow future evolutions to better support new analytic methods. The new version of NORS has four interfaces: (1) a web-based interface, (2) a Simple Object Access Protocol (SOAP) Application Programming Interface (API), (3) a Representational State Transfer (REST) API and (4) an Extensible Markup Language (XML) interface. The SOAP API, REST API and the XML interfaces are intended for use by companies that want to automatically file outage reports.

FCC Proposes Extension of the Freeze of Jurisdictional Separations

In this Further Notice of Proposed Rulemaking (Further Notice), we propose a further eighteen month extension of the freeze of jurisdictional separations category relationships and cost allocation factors for rate-of-return incumbent local exchange carriers (ILECs) while we continue to work with the Federal-State Joint Board on Jurisdictional Separations (Joint Board) to overhaul our separations rules.

The separations rules have long been frozen in recognition of the sweeping technical and regulatory changes that have been occurring in the communications sector over the last two decades. Having made progress in implementing changes to our intercarrier compensation regime and to the high cost universal services support program, and having recently reformed our Part 32 accounting rules, now is the time to address the separations rules. In this Further Notice, we seek comment on the proposed extension and describe the path we envision towards comprehensive reform of the jurisdictional separations procedures embodied in the Commission’s rules.

Hon. Wendy M. Moser of Colorado PUC to Separations Joint Board

Pursuant to section 410(c) of the Communications Act of 1934, as amended, the Commission appoints the Honorable Wendy M. Moser, Commissioner, Colorado Public Utilities Commission, to serve on the Federal-State Joint Board on Jurisdictional Separations. This appointment fills the position recently vacated by the Honorable Betsy Wergin, Commissioner, Minnesota Public Utilities Commission. The Commission gratefully acknowledges the contributions of Commissioner Wergin to the work of the Federal-State Joint Board on Jurisdictional Separations.

FCC Announces E-Rate Inflation-Based Cap for Funding Year 2017

The Federal Communications Commission’s Wireline Competition Bureau announced that the E-rate program funding cap for funding year 2017 is $3,990,207,000. The new cap represents a 1.3 percent inflation-adjusted increase in the $3,939,000,000 billion cap from funding year 2016. The FCC began indexing the funding cap to inflation in 2010 to ensure that E-rate program funding keeps pace with the changing broadband and telecommunications needs of schools and libraries.

Chairman Pai Announces The Appointment Of A New Tribal Representative To The Intergovernmental Advisory Committee

Federal Communications Commission Chairman Ajit Pai announced the appointment of one Tribal representative to the FCC's Intergovernmental Advisory Committee (IAC) to bring the IAC to its full strength of 15 members. The new representative is Danae Wilson, Manager, Department of Technology Services for the Nez Perce Tribe.

On September 29, 2016, the Commission announced the reauthorization of the IAC and sought nominations for membership. The term of the previous IAC expired on July 14, 2016. On December 29, 2016 the Commission issued a Public Notice announcing the names of the members of the reauthorized IAC and soliciting nominations for an open seat for an elected or appointed Tribal representative. Additionally, by this Public Notice we announce a change of date for the first meeting of the reauthorized Intergovernmental Advisory Committee from March 16-17, 2017 to March 24, 2017.

FCC Seeks Comment on Request for Reconsideration Concerning Lifeline Broadband Providers

The Federal Communications Commission’s Wireline Competition Bureau seeks comment on a request for reconsideration by Free Press, 18MillionRising.org, AFL-CIO, American Library Association, Appalshop, Inc., Asian Americans Advancing Justice - AAJC, Center for Media Justice, Center for Rural Strategies, Color of Change, Common Cause, Common Sense Kids Action, Communications Workers of America, Fight for the Future, FOOTPRINTS INC, Generation Justice, Global Action Project, human-IT, Inclusive Technologies, Institute for Local Self-Reliance, Media Mobilizing Project, MetroEast Community Media, Mobile Beacon, Monterey County Office of Education, NAACP, National Consumer Law Center, National Digital Inclusion Alliance, National Hispanic Media Coalition, Native Public Media, New America’s Open Technology Institute, Open MIC, Partners Bridging the Digital Divide, Public Knowledge, SPNN, The Benton Foundation, The Greenlining Institute, United Church of Christ, OC Inc., and WinstonNet, Inc. of the Bureau’s reconsideration of the Lifeline Broadband Provider designations.

Comments are due March 16, 2017. Reply Comments are due March 23, 2017.

(WC Docket Nos. 09-197, 11-42)

Deletion of Consent Agenda From February 23, 2017 Open Meeting

The Federal Communications Commission deleted from the list of items scheduled for consideration at its Feb 23 meeting. The FCC was to consider a Memorandum Opinion and Order concerning an Application for Review filed by Delta Radio Network regarding the dismissal of a modification application.
The FCC adopted the Consent Agenda.

Disability Advisory Committee Announcement Of Date, Time And Agenda Of Next Meeting

The first meeting of the Federal Communications Commission's Disability Advisory Committee’s second term will take place on Tuesday, March 21, 2017, from 9:00 am to 1:30 pm Eastern Time, at the FCC’s headquarters.

At its March 21st meeting, DAC members will discuss (i) the roles and responsibilities of the Committee and its members; (ii) issues that the Committee will address; (iii) meeting schedules, (iv) issues to be assigned to each subcommittee; and (iv) any other topics relevant to the DAC’s work. The meeting will be led by the new DAC co-chairs: Lise Hamlin, Director of Public Policy of the Hearing Loss Association of America, and Sam Joehl, Principal Technical Consultant of the SSB BART Group. In addition, initial subcommittee meetings may be held following the meeting of the full DAC.

FCC Releases 2017 Urban Rate Survey

The Federal Communications Commission’s Wireline Competition Bureau announced the 2017 rate floor for incumbent eligible telecommunications carriers (ETCs) and reasonable comparability benchmarks for fixed voice and broadband services. In addition, it announced the posting of the fixed voice and broadband services data collected in the most recent urban rate survey, and explanatory notes regarding the data, on the Commission’s website. The Bureau also announced the required minimum usage allowance for ETCs subject to public interest obligations for fixed broadband.

FCC Finalizes Catalog of Reimbursement Expenses

The Commission delegated authority to the Media Bureau (Bureau) to, among other things, develop a catalog of eligible reimbursement expenses (Catalog) to facilitate the process of reimbursing eligible broadcasters and Multichannel Video Programming Distributors (MVPDs) from the $1.75 billion TV Broadcaster Relocation Fund (Fund). The Catalog is a non-exhaustive list, organized by category, of the equipment and services broadcasters and MVPDs are most likely to incur as a result of the 39-month post-incentive auction broadcast transition.

FCC Seeks Nominations For Sixth Chairman's Awards For Advancement In Accessibility (Chairman's AAA)

The Federal Communications Commission will accept nominations for the Sixth Chairman’s Awards for Advancement in Accessibility (Chairman’s AAA) beginning February 13, 2017 through April 13, 2017 for products, services, technologies or practices introduced to the public between January 1, 2016 and December 31, 2016.

The Chairman’s AAA are part of an FCC effort designed to recognize the efforts of individuals, organizations, academic institutions, companies and government agencies to make communications tools more accessible to people with disabilities. Since the Chairman’s AAA were first launched in 2010 at the FCC’s celebration of the 20th anniversary of the Americans with Disabilities Act, the Chairman’s AAA have been awarded on five occasions to recognize outstanding private and public sector ventures designed to encourage technological innovation and advance communications accessibility for people with disabilities.

FCC Begins Review for Possible Revision or Elimination of Rules

This document invites members of the public to comment on the Federal Communication Commission’s rules to be reviewed pursuant to section 610 of the Regulatory Flexibility Act of 1980 (RFA). The purpose of the review is to determine whether FCC rules whose ten-year anniversary dates are in the years 2011–2014 should be continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities. Upon receipt of comments from the public, the FCC will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s). Comments may be filed on or before May 4, 2017.

Broadband-related items:
Implementation of Section 706 of the Telecommunications Act of 1996; Commission Collection of Advanced Telecommunications Capability Data
Broadband PCS
Broadband Radio Service and Educational Broadband Service
Universal Service Support for High Cost Areas
Universal Service Support for Schools and Libraries

Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming

This is the eighteenth report of the Federal Communications Commission to the United States Congress on the status of competition in the market for the delivery of video programming. In this Report, we focus on developments in the video marketplace in 2015. We categorize entities into one of three groups – multichannel video programming distributors (MVPDs), broadcast television stations, and online video distributors (OVDs). We describe the providers of delivered video programming in each group, summarize their business models and competitive strategies, and present selected operating and financial statistics.

FCC Seeks Comments on Terminating Certain Proceedings as Dormant

The Federal Communications Commission’s Consumer and Government Affairs Bureau released a Public Notice on January 13, 2017 seeking comment on whether certain docketed proceedings listed in the attachment to the Public Notice should be terminated as dormant. The Bureau said to the extent that a particular proceeding includes a petition addressing the merits or other pending pleadings, a party’s failure to file comments in response to this Public Notice will be construed as consent to termination of that proceeding. A party aggrieved by a docket termination may file a petition for reconsideration with the Bureau or an application for review with the full FCC. Comments are due 30 days after Federal Register publication; replies are due 45 days after Federal Register publication. (CG Docket No. 17-22)

FCC To Host Universal Service Webinar For State And Local Government Officials

The Federal Communications Commission Consumer and Governmental Affairs Bureau’s Office of Intergovernmental Affairs announced a webinar to provide an overview of the Commission’s Universal Service programs. This free, one-hour webinar is particularly tailored to the needs and interests of state and local government offices, agencies, and public officials and will be held on Thursday, January 24, 2017.

The federal Universal Service Fund is comprised of four programs designed to ensure access to affordable communications services for schools, libraries, health care providers, and rural and low-income consumers. This webinar will introduce participants to each of the components of the Federal Universal Service Fund: Connect America (or High Cost); E-Rate (Schools and Libraries); Rural Health Care; and Lifeline (LowIncome). The webinar will also explain how the programs are funded and how the funds are distributed, and will include an opportunity to pose questions about the Universal Service Fund to Commission staff.

Petition for Waiver of Registration and Certification Requirement of Closed Captioning Rules

This Public Notice seeks comment on a petition filed by the Alliance for Community Media (ACM) for waiver of certain Commission registration and certification requirements for video programmers that provide video programming exclusively to public, educational, and governmental access channels (PEG channels), to the extent that such channels are exempt from the provision of closed captioning under the Commission’s rules. Specifically, ACM requests waiver of the requirements for this class of video programmers to register contact information with the Commission and to certify to the Commission that their programs are exempt from the closed captioning rules. According to ACM, PEG channels generally fall within one or more of the exemption categories, including channels or streams producing revenues of less than $3,000,000. As grounds for its waiver petition, ACM states that the certification rule will burden many thousands of PEG video programming providers. Comments are due Feb 9, and reply comments due Feb 24.