BloostonLaw Telecom Update Published by the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP [Selected portions reproduced here with the firm's permission.] www.bloostonlaw.com | Vol. 12, No. 7 | February 18, 2009 |
CPNI Certification Due Mar. 1 Rather than Mar. 2 The FCC has issued a Public Notice reminding carriers that the deadline for CPNI certification is no later than March 1. This year, March 1 falls on a Sunday, and FCC rules normally would roll such a deadline over to the next business day, March 2. However, in light of the Public Notice, this does not appear to be the case for the CPNI certification deadline. Clients should therefore complete their filings by Friday, February 27(i.e., the last business day before March 1). Carriers should modify (as necessary) and complete their “Annual Certification of CPNI Compliance” for 2008 between January 1 and March 1. The certification must be filed with the FCC by March 1. For 2007, the FCC Enforcement Bureau conducted a computerized audit to identify any non-filers, who may face sanctions. The CPNI filing requirement applies to all “telecommunications carriers”, which can include ILECs, CLECs, wireless carriers, paging companies, resellers and other service providers. If you are not sure whether the CPNI requirement applies to your company, you should contact us promptly. Note that the annual certification should include the information required by the FCC’s CPNI rule changes in 2007. A company officer with personal knowledge that the company has established operating procedures adequate to ensure compliance with the rules must execute the Certification, place a copy of the Certification and accompanying Exhibits in the Company’s CPNI Compliance Records, and forward the original to BloostonLaw for filing with the FCC by March 1. BloostonLaw has prepared a template to assist interested clients in meeting their CPNI certification requirements. We are prepared to help our clients meet this requirement, which we expect will be strictly enforced, by assisting with preparation of their certification filing; reviewing the filing to make sure that the required showings are made; filing the certification with the FCC, and obtaining a proof-of-filing copy for your records. Contact Gerry Duffy (202-828-5528) or Mary Sisak (202-828-5554). Final Stimulus Bill Makes $7.2 Billion Available For Broadband Grants, Loans BloostonLaw is available to assist clients in pursuing Broadband Program Participation Last Friday, both the House and Senate passed the Conference agreement on H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA), or economic stimulus bill. President Obama signed it into law yesterday. The ARRA creates a new Broadband Technology Opportunities Program within the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce. The new grant program will distribute $4.7 billion to fund the deployment of broadband infrastructure in unserved and underserved areas in the country, and to help facilitate broadband use and adoption. An additional $2.5 billion in loans and grants will be administered by the Rural Utilities Service. Thus, a total of $7.2 billion is available for broadband grants and loans under the ARRA. Substantial detail remains to be filled in by the FCC and NTIA as to the precise standards to be utilized in the program, including broadband speeds, non-discrimination standards and prioritizing grant applications. BloostonLaw expects to be engaged extensively in the proceedings on behalf of interested clients. The Conference agreement combined portions of both the House and Senate bills. The main provisions of the NTIA program include: Grant Recipient Criteria. Any entity is eligible to apply for a grant, including municipalities, public/private partnerships, and private companies, so long as the entity can comply with the grant conditions. Applicants must put forth 20% of the proposed project’s total cost, subject to a financial hardship waiver. Grant recipients must agree to abide by a set of conditions, including adhering to a build out schedule, to interconnection and non-discrimination requirements as established by NTIA, and to the principles contained in the FCC’s Aug. 5, 2005, Broadband Policy Statement (FCC- 05-151). These principles are: - To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network.
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers.
The Conference agreement does not require that grant recipients meet certain broadband speed thresholds, although the NTIA is expected to consider and support the highest possible broadband speeds in awarding grants. Also, all projects under NTIA must be completed within two years. National Broadband Plan. The FCC is required to develop a national broadband plan within one year. Included in the funding are $200,000,000 for competitive grants for expanding public computer center capacity, including at community colleges and public libraries; $250,000,000 for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 to be transferred to the Department of Commerce, Office of Inspector General for the purposes of audits and oversight; $350,000,000 for the purposes of developing and maintaining a broadband inventory map. RUS Grants: At least 75% of the area to be served by a project receiving funds from such grants, loans or loan guarantees shall be in a rural area without sufficient access to high speed broadband service to facilitate rural economic development. As noted earlier, BloostonLaw expects to be heavily engaged in this process on behalf of its interested clients. The affected agencies will be forced to adopt administrative rules and policies in a short time frame, and we expect that considerable congestion may develop for rural incumbent local exchange carrier (LEC) markets. We further expect to do one or more client seminars, similar to those we organized in the wake of the Telecommunications Act of 1996. We will report again on this subject as events begin to unfold at the agency level. Clients interested in helping to shape the specific rules governing the broadband stimulus process, or in obtaining help formulating an eligibility showing for such funding, should contact us at their earliest convenience. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast. Update On Form 477, Due March 2 The FCC last week released a Public Notice confirming that it had received Office of Management and Budget (OMB) approval for the information collection requirements for its modified FCC Form 477, Local Competition and Broadband Reporting Form that we reported on last week (BloostonLaw Telecom Update, February 11). The Commission also confirmed that the new Web-based interface through which filers will submit their Form 477 by the March 2 deadline will be available on the FCC’s Webpage as soon as possible. In the interim, information on the new filing can be accessed at www.fcc.gov/form477, including: (1) screen shots of the electronic filing interface; (2) Form 477 filing instructions; and (3) frequently asked questions. The Commission said that the Wireline Competition Bureau would issue a further Public Notice when the completed interface is available for public access. As noted previously, there are pending requests for extensions of time, but it is unclear if these requests will be granted. Carriers should assume that no extension will be granted. If a carrier can gather some of the required data but not all of it by March 2, despite best efforts, a request for waiver can be submitted with the partially completed form. Again, there is no guarantee that the waiver will be granted, but it may give the FCC an avenue to allow a partial filing, especially if the complete information is provided ASAP thereafter. Clients that conclude that a waiver will be necessary despite their best efforts should contact us as soon as possible. (More information on the revised Form 477 is included under “Deadlines” below.) BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. ROCKEFELLER, WAXMAN ANNOUNCE NEW PANEL LEADERS: Senate Commerce, Science, and Transportation Committee Chairman Jay Rockefeller (D-W. Va.) has announced that Senator John Kerry (D-Mass.) will chair the Subcommittee on Communications and Technology, and that Senator John Ensign (R-Nev.) will be the Ranking Member. House Energy and Commerce Committee Chairman Henry Waxman (D-Calif.) has announced that Rep. Anthony Weiner (D-N.Y.) will be Vice Chair of the Subcommittee on Communications, Technology and the Internet. Earlier this year, the panel announced the appointment of Rep. Diana DeGette (DColo.) as Vice Chair of the full Committee. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast. FCC STAYS 700 MHz NARROWBAND CONSOLIDATION DEADLINE: In light of the DTV Transition delay until June 12, the FCC, on its own motion has stayed the February 17, 2009, deadline for consolidating existing narrowband allocations to the new consolidated narrowband segment regarding public safety operations in the 700 MHz band. In the Second Report and Order, the Commission, reconfigured the 700 MHz public safety band for the purpose of establishing a nationwide, interoperable, broadband public safety communications network. Specifically, the Commission designated the lower half of the 700 MHz public safety band (763-768/793-798 MHz) for broadband communications, and consolidated narrowband operations in the upper half (769-775/799- 805 MHz). Consequently, the Commission required existing narrowband operations in the spectrum blocks corresponding to television channels 63 and 68, and in the upper one megahertz of channels 64 and 69, to be relocated to the new consolidated narrowband segment by the DTV transition deadline of February 17, 2009. The Commission originally adopted the February 17, 2009 narrowband relocation deadline because it found it “important that the commercial Upper 700 MHz Band D Block licensee and the Public Safety Broadband Licensee not be constrained by the presence of narrowband operations in the public safety broadband allocation with regard to implementing a build-out plan for the nationwide broadband network.” The Commission also found that “focusing the resources necessary to implement the relocation of narrowband operations during the time leading up to when the TV channels are fully cleared will enable the public safety community, as of the February 17, 2009 deadline, to devote its full attention to the important matter of deploying broadband communications capabilities with a nationwide level of interoperability.” In related actions, the Commission established a process whereby following the D Block auction, the winning bidder for the D Block license and the Public Safety Broadband Licensee would commence negotiations of a Network Sharing Agreement (NSA) and concurrently develop a narrowband relocation plan within 30 days. Finally, the Commission also required that the Upper 700 MHz Band D Block licensee pay the costs associated with relocating public safety narrowband operations to the consolidated channels. On September 25, 2008, the Commission adopted a Third Further Notice, in which it proposed to extend the February 17, 2009 narrowband relocation deadline. The Commission explained that “[i]mplicit in our decision to adopt February 17, 2009, as the relocation deadline were the assumptions that Auction 73 would yield a national D Block licensee and that the NSA would be successfully negotiated and approved with sufficient time to effect the narrowband relocations prior to February 17, 2009 – the deadline by which the public safety broadband frequency bands must be vacated by current analog television operations.” Because those assumptions did not materialize, the Commission observed that “an extension of the current February 17, 2009, deadline for completing the relocation of all narrowband operations to the consolidated narrowband channels appears warranted.” Accordingly, the Commission proposed to “extend the narrowband relocation deadline to twelve months from the date upon which narrowband relocation funding is made available by the D Block licensee(s),” which it further proposed would occur “no later than the date upon which the executed NSA(s) is submitted to the Commission for approval.” Action on the Third Further Notice, including the proposed extension of the narrowband relocation deadline, remains pending. In sum, the predicate assumptions for establishing February 17, 2009 as the narrowband relocation deadline have not materialized, and final disposition of a revised deadline remains pending in this proceeding. Accordingly, on its own motion, the FCC stayed the February 17, 2009, deadline for relocating existing narrowband operations to the consolidated narrowband channels (769- 775/799-805 MHz) until a new deadline is established in a subsequent order in this proceeding. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Cary Mitchell. FCC ACTS TO IMPLEMENT DTV DELAY ACT: The FCC has extended the digital television (DTV) transition period, the analog license terms and adjusted the construction permits for the full power television stations subject to the DTV Delay Act that was enacted into law on February 11, 2009. In the DTV Delay Act, Congress extended the date for the completion of the nationwide DTV transition from February 17, 2009 to June 12, 2009. As a result, after June 12, 2009, full-power television broadcast stations must transmit only digital signals, and may no longer transmit analog signals except for limited analog “nightlight” service. Congress extended the transition date in order to permit analog service to continue until consumers have had additional time to prepare. The DTV Delay Act directs the Commission to take any actions “necessary or appropriate to implement the provisions, and carry out the purposes” of the DTV Delay Act, and to do so within 30 days. The FCC’s Report and Order also delegates authority to the Media Bureau to rule on stations’ filings regarding termination of analog service on February 17, 2009. The FCC intends to follow up quickly with additional rulemakings as needed. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast. COURT UPHOLDS FCC’s RETENTION MARKETING DECISION AGAINST VERIZON: The U.S. Court of Appeals for the District of Columbia Circuit last week upheld the FCC’s June 2008 decision that Verizon violated Section 222(b) of the Communications Act by using, for customer retention marketing purposes, proprietary information of other carriers that it receives in the local number porting process (BloostonLaw Telecom Update, June 25, 2008). Three cable companies—Bright House Networks, Comcast, and Time Warner—had filed a complaint about Verizon’s use of the Local Service Request (LSR) process to offer defecting customers incentives to stay with Verizon before the number port was completed. The FCC had ordered Verizon to halt the practice, and Verizon had petitioned the court for review mainly on the ground that the Commission had misinterpreted Section 222(b) by applying it where a telecommunications service is provided only by a carrier “submitting” an LSR (the cable companies), not the one “receiving” it (Verizon). The D.C. Circuit found the FCC’s interpretation reasonable and denied Verizon’s petition and rejected all of its arguments. Essentially, the court said that a carrier that receives proprietary information from another carrier for purposes of providing any telecommunications services shall not use it for its own marketing purposes. The court also found it reasonable for the FCC to treat the three cable companies as “telecommunications carriers” for customer proprietary network information (CPNI) purposes, and to treat them as something else under other provisions of the Act. The court noted that the Commission had left such definitions for “another day.” BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MARCH 2: COPYRIGHT STATEMENT OF ACCOUNT FORM FOR CABLE COMPANIES. This form, plus royalty payment for the second half of calendar year 2008, is normally due March 1. But because March 1 falls on a Sunday this year, the deadline is March 2. The form covers the period July 1 to December 31, 2008, and is due to be mailed directly to cable TV operators by the Library of Congress’ Copyright Office. If you do not receive the form, please contact Gerry Duffy. MARCH 2: FCC FORM 477, LOCAL COMPETITION & BROADBAND REPORTING FORM. In its June 12, 2008 WC Docket No. 07-38 Form 477 Report & Order and Further Notice of Proposed Rulemaking (FNPRM) to improve data collection, the Commission modified Form 477 to require broadband providers to report the number of broadband connections in service in individual Census Tracts. In order to generate an even more complete picture of broadband adoption in the United States, it proposed additional methods to add to the data reported by Form 477 filers, including a voluntary household self-reporting system, and a recommendation to the Census Bureau that the American Community Survey questionnaire be modified to gather information about broadband availability and subscription in households. To further improve the quality of collected data, the FCC adopted three additional changes to FCC Form 477. First, it now requires broadband service providers to report data on broadband service speed in conjunction with subscriber counts according to new categories for download and upload speeds. These new speed tiers will better identify services that support advanced applications. Second, it amended reporting requirements for mobile wireless broadband providers to require them to report the number of subscribers whose data plans allow them to browse the Internet and access the Internet content of their choice. Finally, it required providers of interconnected Voice over Internet Protocol (VoIP) service to report subscribership information on Form 477. Then, on reconsideration, it added a requirement that filers include the percentage of residential broadband connections. Who Must File Form 477: Three types of entities must file this form. (1) Facilities-based Providers of Broadband Connections to End User Locations: Entities that are facilities-based providers of broadband connections – which are wired “lines” or wireless “channels” that enable the end user to receive information from and/or send information to the Internet at information transfer rates exceeding 200 kbps in at least one direction – must complete and file the applicable portions of this form for each state in which the entity provides one or more such connections to end user locations. For the purposes of Form 477, an entity is a “facilities-based” provider of broadband connections to end user locations if it owns the portion of the physical facility that terminates at the end user location, if it obtains unbundled network elements (UNEs), special access lines, or other leased facilities that terminate at the end user location and provisions/equips them as broadband, or if it provisions/equips a broadband wireless channel to the end user location over licensed or unlicensed spectrum. Such entities include incumbent and competitive local exchange carriers (LECs), cable system operators, fixed wireless service providers (including “wireless ISPs”), terrestrial mobile wireless service providers, satellite mobile wireless service providers, MMDS/BRS providers, electric utilities, municipalities, and other entities. (Such entities do not include equipment suppliers unless the equipment supplier uses the equipment to provision a broadband connection that it offers to the public for sale. Such entities also do not include providers of fixed wireless services (e.g., “Wi-Fi” and other wireless ethernet, or wireless local area network, applications) that only enable local distribution and sharing of a premises broadband facility.) (2) Providers of Wired or Fixed Wireless Local Telephone Services: Incumbent and competitive LECs must complete and file the applicable portions of the form for each state in which they provide local exchange service to one or more end user customers (which may include “dial-up” ISPs). (3) Providers of Mobile Telephony Services: Facilities-based providers of mobile telephony services must complete and file the applicable portions of this form for each state in which they serve one or more mobile telephony subscribers. A mobile telephony service is a real-time, two-way switched voice service that is interconnected with the public switched network using an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. Obvious examples include cellular, PCS, and “covered” SMR carriers, but may include services provided on other wireless spectrum such as AWS, BRS and 700 MHz if configured to fit the above definition. A mobile telephony service provider is considered “facilities-based” if it serves a subscriber using spectrum for which the entity holds a license, that it manages, or for which it has obtained the right to use via lease or other arrangement (e.g., with a Band Manager). As noted above, on June 12, 2008, the FCC released a Report and Order (FCC 08-89) and an Order on Reconsideration (FCC 08-148) that together revise the Form 477 filing requirements. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MARCH 31: FCC FORM 507, UNIVERSAL SERVICE QUARTERLY LINE COUNT UPDATE. Line count updates are required to recalculate a carrier's per line universal service support, and is filed with the Universal Service Administrative Company (USAC). This information must be submitted on July 31 each year by all rate-of-return incumbent carriers, and on a quarterly basis if a competitive eligible telecommunications carrier (CETC) has initiated service in the rate-of-return incumbent carrier’s service area and reported line count data to USAC in the rate-of-return incumbent carrier’s service area, in order for the incumbent carrier to be eligible to receive Interstate Common Line Support (ICLS). This quarterly filing is due March 31 and covers lines served as of September 30, 2007. (Normally this filing is due March 30, but this year, March 30 falls on a Sunday.) Incumbent carriers filing on a quarterly basis must also file on July 31 (for lines served as of December 31, 2007); September 30 (for lines served as of March 31, 2008); and December 30 (for lines served as of June 30, 2008). BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MARCH 31: FCC FORM 525, COMPETITIVE CARRIER LINE COUNT QUARTERLY REPORT. Competitive eligible telecommunications carriers (CETCs) are eligible to receive high cost support if they serve lines in an incumbent carrier’s service area, and that incumbent carrier receives high cost support. CETCs are eligible to receive the same per-line support amount received by the incumbent carrier in whose study area the CETC serves lines. Unlike the incumbent carriers, CETCs will use FCC Form 525 to submit their line count data to Universal Service Administrative Company (USAC). This quarterly report must be filed by the last business day of March (for lines served as of September 30 of the previous year); the last business day of July (for lines served as of December 31 of the current year); the last business day of September (for lines served as of March 31 of the current year); and the last business day of December (for lines served as of June 30 of the current year). CETCs must file the number of working loops served in the service area of an incumbent carrier, disaggregated by the incumbent carrier’s cost zones, if applicable, for High Cost Loop (HCL), Local Switching Support (LSS), Long Term Support (LTS), and Interstate Common Line Support (ICLS). ICLS will also require the loops to be reported by customer class as further described below. For Interstate Access Support (IAS), CETCs must file the number of working loops served in the service area of an incumbent carrier by Unbundled Network Element (UNE) zone and customer class. Working loops provided by CETCs in service areas of non-rural incumbents receiving High Cost Model (HCM) support must be filed by wire center or other methodology as determined by the state regulatory authority. CETCs may choose to complete FCC Form 525 and submit it to USAC, or designate an agent to file the form on its behalf. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MARCH 31: FCC FORM 508, PROJECTED ANNUAL COMMON LINE REVENUE REQUIREMENT FORM: Section 54.903(a)(1) of the FCC's rules requires each rate-of-return incumbent telecommunications carrier to provide information needed to calculate the Projected Annual Common Line Revenue Requirement for each of its study areas in the upcoming funding year to the Universal Service Administrative Company (USAC). This information must be submitted on March 31 each year, in order for the carrier to be eligible to receive Interstate Common Line Support. This collection of information stems from the Commission's authority under Section 254 of the Communications Act. The data in the form will be used to calculate the amount of support, if any, that each reporting carrier is eligible to receive from the Interstate Common Line Support Mechanism. Carriers are permitted to submit a correction to their March 31 projected carrier common line revenue requirements and supporting data from April 1 until June 30 for the upcoming funding year (July 31, 2008, through June 30, 2009). Additionally, on June 30, carriers are permitted to submit an update to the projected data for the ICLS funding year ending on that date. Permitting these revisions to projected data for current and upcoming ICLS funding years will mitigate the lag between projected and actual data filings and give carriers more meaningful opportunities to revise projections to adjust ICLS where necessary. After the June 30 correction deadline each year, any corrections to projected common line revenue requirement and supporting data shall be made in the form of true-ups, using actual cost and revenue data that a carrier must report in FCC Form 509, Annual Common Line Actual Cost Data Collection Form. (This form is due December 31.) BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MARCH 31: ANNUAL INTERNATIONAL CIRCUIT STATUS REPORTS. Carriers are reminded that Section 43.82 of the Commission ’s rules requires each facilities-based carrier that provides international telecommunications services to file a Circuit Status Report by March 31, 2008. The report should contain data as of December 31, 2007. The information that must be filed and filing format for the Circuit Status Report is described in detail in the Circuit Status Filing Manual. All facilities-based carriers must file a Circuit Status Report if they had any activated or idle circuits as of December 31, 2007. If carriers did not have any activated or idle circuits as of December 31, 2007, they are not required to file this report or file any letter stating that they have no circuits to report. The Filing Manual requires carriers to report the total number of activated and the total number of idle circuits using the following categories: submarine cable, satellite, and landline (cable or microwave). The Filing Manual defines international facilities-based circuits as “international circuits in which a carrier has an ownership interest. For this purpose, the term ownership interest includes outright ownership, indefeasible right of use (IRU) interests, or leasehold interests in bare capacity in an international facility, regardless of whether the underlying facility is a common or non-common carrier submarine cable or … satellite system.” The Filing Manual further explains that leasehold interests in bare capacity “are distinct from private lines leased from another reporting international carrier.” Thus, any telecommunications carrier that has leased an international circuit from another common carrier, a non-common carrier, or a foreign carrier, other than a lease of private line “service” or “capacity” from a common carrier, must file a Circuit Status Report and include that circuit in its report. Such a circuit should be reported as a facilities-based circuit, and not as a facilities-based resold circuit. Private line resellers should report their resold circuits using the Facility Codes 11, 12 and 13 as specified in the Filing Manual. Facilities-based carriers that are regulated as dominant on particular U.S. international routes under Section 63.10 must provide their circuit status information on a facility-specific basis for the dominant route only. Carriers should provide the information in a separate appendix using the same table format in the Filing Manual, but they should add a column labeled "Facility Name" after "Data field #2". Carriers are reminded to file their reports on compact disc (CD) media. The FCC will not accept reports filed on diskettes. But it will accept Excel files. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. APRIL 1: FCC FORM 499-A, TELECOMMUNICATIONS REPORTING WORKSHEET. This form must be filed by all contributors to the Universal Service Fund (USF) support mechanisms, the Telecommunications Relay Service (TRS) Fund, the cost recovery mechanism for the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP). Contributors include every telecommunications carrier that provides interstate, intrastate, and international telecommunications, and certain other entities that provide interstate telecommunications for a fee. Even common carriers that qualify for the de minimis exemption must file Form 499-A. Entities whose universal service contributions will be less than $10,000 qualify for the de minimis exemption. De minimis entities do not have to file the quarterly report (FCC Form 499-Q), which was due February 1, and will again be due May 1. Form 499-Q relates to universal service contributions, but not to the TRS, NANPA, and LNP mechanisms. Form 499-A relates to all of these mechanisms and, hence, applies to all providers of interstate, intrastate, and international telecommunications services. Form 499-A contains revenue information for January 1 through December 31 of the prior calendar year. And Form 499-Q contains revenue information from the prior quarter plus projections for the next quarter. Block 2-B of the Form 499-A requires each carrier to designate an agent in the District of Columbia upon whom all notices, process, orders, and decisions by the FCC may be served on behalf of that carrier in proceedings before the Commission. Carriers receiving this newsletter may specify our law firm as their D.C. agent for service of process using the information in our masthead. There is no charge for this service. BloostonLaw contacts: Hal Mordkofsky, Ben Dickens, Gerry Duffy, and John Prendergast. APRIL 10: DTV EDUCATION REPORT. New 700 MHz licensees from Auction No. 73 are required to file a report with the FCC concerning their efforts to educate consumers about the upcoming transition to digital television (DTV). Last summer, we explained that the FCC’s Part 27 rules require 700 MHz licensees that won licenses in Auction No. 73 to file quarterly reports on their DTV consumer outreach efforts through the Spring of 2009. However, in an apparent contradiction, the same rules do not impose any substantive consumer education requirements on 700 MHz license holders. This situation has not changed. The reporting rule simply states that “the licensee holding such authorization must file a report with the Commission indicating whether, in the previous quarter, it has taken any outreach efforts to educate consumers about the transition from analog broadcast television service to digital broadcast television service (DTV) and, if so, what specific efforts were undertaken.” Many licensees may not have initiated 700 MHz service as of yet. However, to the extent they are also an Eligible Telecommunications Carrier (ETC) and recipient of federal USF funds, separate FCC rules found in 47 C.F.R. Part 54 (Universal Service) require ETCs to send monthly DTV transition notices to all Lifeline/Link-Up customers (e.g., as part of their monthly bill), and to include information about the DTV transition as part of any Lifeline or Link-Up publicity campaigns until March 31, 2009. BloostonLaw contacts: Hal Mordkofsky and Cary Mitchell. APRIL 20: FCC FORM 497, LOW INCOME QUARTERLY REPORT. This form, the Lifeline and Link-Up Worksheet, must be submitted to the Universal Service Administrative Company (USAC) by all eligible telecommunications carriers (ETCs) that request reimbursement for participating in the low-income program. The form must be submitted by the third Monday after the end of each quarter. It is available at: www.universalservice.org. BloostonLaw contacts: Ben Dickens, Gerry Duffy, and Mary Sisak. MAY 1: FCC FORM 499-Q, TELECOMMUNICATIONS REPORTING WORKSHEET. All telecommunications common carriers that expect to contribute more than $10,000 to federal Universal Service Fund (USF) support mechanisms must file this quarterly form. The FCC has modified this form in light of its recent decision to establish interim measures for USF contribution assessments. The form contains revenue information from the prior quarter plus projections for the next quarter. Form 499-Q relates only to USF contributions. It does not relate to the cost recovery mechanisms for the Telecommunications Relay Service (TRS) Fund, the North American Numbering Plan Administration (NANPA), and the shared costs of local number portability (LNP), which are covered in the annual form (Form 499-A) that was due April 1. BloostonLaw contacts: Ben Dickens and Gerry Duffy. MAY 1: RATE INTEGRATION CERTIFICATION. Non-dominant inter-exchange carriers (IXCs) that provide de-tariffed domestic interstate services must certify that they are providing such services in compliance with their geographic rate averaging and rate integration obligations. An officer of the company must sign this annual certification under oath. The FCC has issued the following guidelines: (1) Any carrier that provides interstate services must charge its subscribers in rural and high-cost areas rates that do not exceed the rates that the carrier charges subscribers in urban areas; (2) to the extent that a carrier offers optional calling plans, contract tariffs, discounts, promotions, and private line services to its interstate subscribers in one state, it must use the same ratemaking methodology and rate structure when offering such services in any other state; (3) an interstate carrier may depart from geographic rate averaging when offering contract tariffs, Tariff 12 offerings, optional calling plans, temporary promotions, and private line services; and (4) carriers may offer optional calling plans on a geographically limited basis as part of a temporary promotion that does not exceed 90 days. But this limited exception does not exempt optional calling plans from geographic rate averaging requirements. Clients with questions about the FCC's de-tariffing or rate integration requirements should contact us. We have a model rate integration certification letter that may be printed on your letterhead. BloostonLaw contacts: Ben Dickens and Gerry Duffy. MAY 31: FCC FORM 395, EMPLOYMENT REPORT. Common carriers, including wireless carriers, with 16 or more full-time employees must file their annual Common Carrier Employment Reports (FCC Form 395) by May 31. This report tracks carrier compliance with rules requiring recruitment of minority employees. Further, the FCC requires all common carriers to report any employment discrimination complaints they received during the past year. That information is also due on May 31. The FCC encourages carriers to complete the discrimination report requirement by filling out Section V of Form 395, rather than submitting a separate report. Clients who would like assistance in filing Form 395 should contact Richard Rubino. FCC Meetings and Deadlines Feb. 20 – Deadline for reply comments on Rural Cellular Association petition regarding exclusivity arrangements between commercial wireless carriers and handset manufacturers (RM-11497). Extended from Dec. 22. Feb. 23 – Deadline for comments on CTIA proposal to transition cellular licensing to CMA geographic market areas (RM-11510). Feb. 25 – FCC Summit on Next Generation IP-Enabled 911 and E911 Services. Feb. 27 – Deadline for reply comments on NECA’s proposed modification of average schedule formulas for interstate settlements (WC Docket No. 08-248.) Feb. 27 – Deadline for comments on NOI regarding FCC’s annual video competition report (MB Docket No. 07-269). Mar. 2 – CPNI Annual Certification is due. Mar. 2 – FCC FORM 477, Local Competition and Broadband Reporting Form, is due. Mar. 2 – Deadline for comments regarding possible changes to rules under Regulatory Flexibility Act (CB Docket No. 08-21). Mar. 5 – FCC open meeting. Mar. 9 – Deadline for reply comments on CTIA proposal to transition cellular licensing to CMA geographic market areas (RM-11510). Mar. 23 – Deadline for filing certain information collection statements regarding NET 911 Act (PS Docket No. 09- 14). Mar. 27 – Deadline for reply comments on NOI regarding FCC’s annual video competition report (MB Docket No. 07-269). Mar. 31 – FCC Form 507, Universal Service Quarterly Line Count Update, is due. Mar. 31 – FCC Form 525, Competitive Carrier Line Count Quarterly Report, is due. Mar. 31 – FCC Form 508, Projected Annual Common Line Revenue Requirement Form, is due. Mar. 31 – Annual International Circuit Status Report is due. Apr. 1 – FCC Form 499-A, Telecommunications Reporting Worksheet, is due. Apr. 10 – Auction 73 winners must file quarterly report covering DTV consumer education outreach efforts for period Jan.-Mar. 2009. Apr. 11 – Deadline for FCC to act on Embarq forbearance petition regarding IP-to-PSTN voice traffic, or have it deemed granted (WC Docket No. 08-8). Apr. 20 – FCC Form 497, Low Income Quarterly Report, is due. May 1 – FTC begins enforcement of Red Flag Rules. May 1 – Rate Integration Certification is due. |
(with comparison tables)
Unication Co., Ltd. a leader in wireless paging technologies, introduces a completely new Alpha Elegant/Dual and Alpha Legend/Dual. 
— FLEX is a registered trademark of Motorola Inc. 
If you didn't know what to get your love for Valentine's Day, you can thank AT&T for getting you better wireless service—well, in two years, anyway. Hopefully your significant other will take a raincheck.
MILPITAS, CA - (February 18, 2009) – SPOT LLC, a wholly-owned subsidiary of Globalstar, Inc. (NASDAQ: GSAT) and a leader in personal satellite messaging and emergency communications, today announced that its SPOT Satellite GPS Messenger™ has received the prestigious Good Housekeeping Very Innovative Product Award. The award recognizes new products that performed exceptionally well when evaluated by its research institute. SPOT will be honored during an awards luncheon on February 20, 2009 at the Good Housekeeping Research Institute in New York City.
Each year the Good Housekeeping Research Institute evaluates thousands of new products. The winners of the VIP Awards truly stand out for their inventive approaches to helping families improve their lives in ingenious ways, big and small. They represent ground-breaking advances in technology and product design and each has been reviewed by the scientists at the Research Institute to validate that the product performs effectively. The eleven VIP products are featured in the February 2009 issue of Good Housekeeping Magazine.
