Selected portions of the BloostonLaw Telecom Update, and/or the BloostonLaw Private Users Update — newsletters from the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP are reproduced in this section with the firm's permission. 
| BloostonLaw Telecom Update | Vol. 16, No. 46 | December 18, 2013 |
 | SEASON'S GREETINGS In lieu of holiday cards this season, BloostonLaw will be making a donation to Healthcare for the Homeless, a local charity program. We wish our clients a happy and safe holiday season! In observance of the holiday, we will not publish the newsletter until Jan. 8. Our office will be closed Dec. 24-27 and closing at 2pm Dec. 31. However, attorneys will be checking their email and voice mail regularly. |
Headlines
FCC Rules Impose New Requirements, Annual Certification Requirement on Wireline and Wireless 911 Service Providers The FCC has new adopted rules regarding 911 service reliability that require all "Covered 911 Service Providers" to meet an annual certification requirement and to take "reasonable measures" to ensure 911 circuit diversity, availability of backup power at central offices that directly serve PSAPs, and diversity of network monitoring links. (PS Docket Nos. 13-75, 11-60). A "Covered 911 Service Provider," is defined as "any entity that provides 911, E911, or NG911 capabilities such as call routing, ALI, ANI, or the functional equivalent of those capabilities, directly to a PSAP, statewide default answering point, or appropriate local emergency authority, or that operates one or more central offices that directly serve a PSAP." A central office "directly serves a PSAP" if it "(1) hosts a selective router or ALI/ANI database (2) provides functionally equivalent NG911 capabilities, or (3) is the last service-provider facility through which a 911 trunk or administrative line passes before connecting to a PSAP." This includes virtually all providers, including wireline, wireless, and voice over internet protocol (VoIP). The FCC declined to adopt exemptions from these rules for rural local exchange carriers. Thus, rather than take enforcement action against the individual carriers with demonstrated poor performance in connection with the provision of 911 service during emergency situations, such as the Derecho and Superstorm Sandy, the FCC has imposed on all carriers even more reporting requirements, which will disproportionately burden an already overburdened rural telecom industry. According to the FCC, a service provider can demonstrate its compliance with the requirement to take "reasonable measures" to ensure reliable 911 service, by complying with the "best practices" which make up the certification and which are based on the industry best practices developed by the Communications Security, Reliability, and Interoperability Council (CSRIC). Although a service provider may depart from best practices, if it does so, the FCC states that the service provider should have a reasonable basis for its decisions, coupled with appropriate steps to compensate for any increased risk of failure. According to the FCC, "where service providers employ alternative measures in lieu of best practices, they should be able to explain why those measures are appropriate and reflect reasonable measures to provide reliable 911 service." The Order also requires all Covered 911 Service Providers to certify annually to certain basic measures in three substantive areas, including 911 circuit auditing, backup power at central offices that directly serve PSAPs, and diverse network monitoring links. According to the FCC, a "certification that the Covered 911 Service Provider has performed all the elements will be deemed to satisfy the obligation to take reasonable measures to provide reliable 911 service, provided that the certification is accurate and complete." The FCC states that "if a Covered 911 Service Provider cannot certify affirmatively to every element in a substantive area, but believes that its actions are nevertheless reasonably sufficient to mitigate the risk of 911 service failure based on the configuration of its network and other factors, then it may certify that it has taken alternative measures in that substantive area. For each element where the Covered 911 Service Provider certifies to taking alternative measures, it must include with its certification a brief explanation of those alternative measures with respect to each PSAP, central office, or 911 service area where they are in use, and why those measures are reasonable under the circumstances to mitigate the risk of failure." Where certain elements of the certification do not apply, a Covered 911 Service Provider may so indicate. However, in this circumstance, "it must include with its certification a reasonable explanation of why those elements are not applicable." The FCC specifies that "each certification must be made by a corporate officer responsible for network operations in all relevant service areas," and that "the certifying official must have supervisory and budgetary authority over a Covered 911 Service Provider's entire 911 network, not merely certain regions or service areas." Covered 911 Service Providers must maintain for two years the records supporting each annual certification and make such records available to the Commission upon request. Finally, the FCC amended section 4.9 of the rules, which required carriers to notify PSAPs when communications outages occur that affect 911 service "as soon as possible." Under the amended rule, Covered 911 Service Providers "must notify PSAPs of outages potentially affecting 911 service to that PSAP within thirty minutes of discovering the outage and provide contact information such as a name, telephone number, and e-mail for follow-up." The new rules, including the underlying obligation to take reasonable measures to provide reliable 911 service, become effective thirty days after publication in the Federal Register. However, the information collection requirements pursuant to the rules will not become effective until approval by the Office of Management and Budget. The FCC also adopted a phase-in of the annual certification requirement. Under the phase-in, Covered 911 Service Providers must file an initial certification one year after the effective date of the rules, indicating that they have made substantial progress toward meeting the standard of the full certification. According to the FCC"[t]o allow service providers time to implement the best practices reflected in the certification, we define "substantial progress" as at least 50-percent compliance with each of the three substantive certification requirements." IP Technology Transition Task Force Presents Path Forward at FCC Open Meeting At the December 12, 2013 FCC Open Meeting, the Technology Transitions Policy Task Force offered a presentation on its work towards making near-term recommendations related to the FCC's expectations and role in the IP transition. After recounting what it has learned from the various transition proceedings to date, such as the AT&T petition for all-IP network trials, the Task Force announced that it is actively working on an Order for FCC consideration that would: - Invite, on a rolling basis, service-based experiments with short timelines for submission, establish criteria for experiments that focus on the impact on consumers, and create a speedy process for public comment and FCC evaluation;
- Recommend FCC actions to support targeted experiments and research;
- Describe structured observations and data collection initiatives; and
- Establish a timeline for the adoption of a managerial framework to resolve the important legal/policy questions raised by the technology transitions.
In a statement following the presentation, Chairman Wheeler said, "The key will be establishing the right criteria and conditions for any experiment. What conditions must be met before the Commission could approve an experiment? What are the questions we would ask about how an experiment should be run or measured? We look forward to engagement by multiple parties on these key issues." A copy of the slides from the Task Force presentation can be found here . Law & Regulation
FCC Initiates Proceeding Regarding Cellphone Use on Commercial Aircraft At its December 12, 2013 open meeting, the Federal Communications Commission adopted a Notice of Proposed Rulemaking proposing to allow airlines to install equipment on aircraft that could safely expand the availability of in-flight mobile wireless services to passengers at altitudes above 10,000 feet. The NPRM solicits public input on the proposal, and the Commission stated in a News Release that it "will carefully review input from consumers and stakeholders before taking any final action." The proposed rules would expand the existing default ban on the use of cellphones in-flight to include frequency bands not previously subject to the prohibition, i.e., to bands in addition to the 850 MHz cellular band. However, under the proposal, if an airline chooses to equip its aircraft with specialized onboard equipment that would prevent harmful interference to wireless networks on the ground, the airline would have the ability to enable in-flight wireless broadband access to passengers subject to prior receipt of any required Federal Aviation Administration approvals. According to the Commission, the new systems could allow airlines to offer an array of new choices to the flying public, including Internet, e-mail, text and "potentially voice services". The new technology would provide airlines with a high level of control over the in-cabin communications environment. The proposal would not require airlines to install onboard access systems or to provide mobile wireless services to passengers on their fleets. Under the proposal, the use of mobile wireless devices would still be prohibited as a default, unless an airline installs an onboard, FAA-approved system to manage the service. Since 1991, the FCC has prohibited in-flight mobile cellular use due to concerns about harmful interference to wireless networks on the ground. According to the Commission, in the past two decades technology and engineering has evolved, and specialized onboard systems that can effectively prevent interference with wireless networks on the ground have been designed and successfully deployed internationally. In addition, the Commission noted that while consumer use of mobile phones for voice has declined in recent years, the use of tablets and smartphones for wireless data has exploded. The Commission noted that foreign airlines have used onboard mobile access technology during the last five years in jurisdictions across Europe and Asia. The Commission believes that these systems can be successfully deployed in the United States, and that the time has come to examine reforms to the agency's outdated rules with respect to mobile wireless service onboard aircraft. Under the proposal, individual airlines would be free, consistent with the Commission's rules and relevant FAA and Department of Transportation rules, to make their own decisions about whether to offer mobile wireless services at all, and, if so, which services to offer. If an airline chooses to install new onboard equipment, consumers would be able to use their mobile devices' full wireless data capabilities in addition to the current choice of access to Wi-Fi on some flights. Airlines would be in total control of what types of mobile services to permit onboard, including whether to permit Web surfing, emailing, and texting, potentially allowing voice calls. Specifically, the NPRM seeks comment on the following proposals to: - Remove existing, narrow restrictions on airborne use of mobile devices in the 800 MHz cellular and Specialized Mobile Radio (SMR) bands, replacing them with a more comprehensive framework encompassing access to mobile communications services in all mobile wireless bands;
- Harmonize regulations governing the operation of mobile devices on airborne aircraft across all commercial mobile spectrum bands;
- Add the authority to provide mobile communications services on airborne aircraft across all commercial mobile spectrum bands to existing Part 87 aircraft station licenses;
- Allow mobile communications services on airborne aircraft only if managed by an Airborne Access System certified by the FAA, which would control the emissions of onboard portable electronic devices (PEDs) by requiring them to remain at or near their lowest transmitting power level; and
- Limit authorization for mobile communications services to aircraft traveling at altitudes of more than 3,048 meters (approximately 10,000 feet) above the ground.
The NPRM also seeks comment on alternative authorization frameworks, the potential impact of the proposals on public safety and national security, and issues related to the use of voice services onboard aircraft. Frequently-asked questions about this item can be found at http://www.fcc.gov/document/qa-proposals-expand-consumer-access-inflight-mobile-services . Official FCC blog posts about this issue are available at http://www.fcc.gov/blog . Industry
Largest Wireless Carriers Adopt Voluntary Principles on Device Unlocking A month after FCC Chairman Tom Wheeler urged the wireless industry to adopt voluntary cell phone unlocking policies, CTIA President and CEO Steve Largent last week announced in a letter to all five FCC Commissioners that the industry's largest members had agreed to follow a voluntary set of principles relating to the unlocking by consumers of mobile wireless phones and tablets. "We believe this agreement will continue to foster the world-leading range of devices and offerings that Americans enjoy today," Mr. Steve Largent said in a statement . "The robust and differentiated technological ecosystem has brought unparalleled and world-leading benefits to American wireless users, in the form of high-end and affordable devices, [postpaid] and prepaid options, and with the world's most advanced devices being launched first in the United States." In particular, AT&T, Sprint, T-Mobile, U.S. Cellular, and Verizon Wireless have each committed to implement the following set of six principles on carrier unlocking, as well as to recommend that the principles be included in the CTIA Consumer Code for Wireless Service, in accordance with CTIA's bylaws. 1. Disclosure: Each carrier will post on its website its clear, concise, and readily accessible policy on postpaid and prepaid mobile wireless device unlocking. 2. Postpaid Unlocking Policy: Carriers, upon request, will unlock mobile wireless devices or provide the necessary information to unlock their devices for their customers and former customers in good standing and individual owners of eligible devices after the fulfillment of the applicable postpaid service contract, device financing plan or payment of an applicable early termination fee. 3. Prepaid Unlocking Policy: Carriers, upon request, will unlock prepaid mobile wireless devices no later than one year after initial activation, consistent with reasonable time, payment or usage requirement. 4. Notice: Carriers that lock devices will clearly notify customers that their devices are eligible for unlocking at the time when their devices are eligible for unlocking or automatically unlock devices remotely when devices are eligible for unlocking, without additional fee. Carriers reserve the right to charge non-customers/non-former-customers a reasonable fee for unlocking requests. Notice to prepaid customers may occur at point of sale, at the time of eligibility, or through a clear and concise statement of the policy on the carrier's website. 5. Response Time: Within two business days after receiving a request, carriers will unlock eligible mobile wireless devices or initiate a request to the OEM to unlock the eligible device, or provide an explanation of why the device does not qualify for unlocking, or why the carrier reasonably needs additional time to process the request. 6. Deployed Personnel Unlocking Policy: Carriers will unlock mobile wireless devices for deployed military personnel who are customers in good standing upon provision of deployment papers. Upon adoption by CTIA, the companies say they will "move quickly" to implement the unlocking principles, committing to implement an unspecified three of the principles within three months, and the remainder within twelve (12) months. The letter also clarifies that carriers will have the right to decline an unlock request if they have a reasonable basis to believe the request is fraudulent or the device is stolen. The industry's move should delay, at least for the time being, a push for new FCC rules on device unlocking that was prompted after a surprise ruling by the Librarian of Congress last December. The decision to end a longstanding exemption effectively made the practice of unlocking a wireless device a violation of copyright law. More than 100,000 people subsequently signed a petition demanding that the exemption be restored, so that consumers could use their devices with a different carrier. NTIA responded with a Petition for Rulemaking that it filed with the FCC last September. As it stands, there are no FCC rules relating to device unlocking, but the FCC will have one year to decide how to deal with NTIA's petition. The FCC could proceed with a rulemaking to adopt uniform rules applicable to all CMRS carriers, but the voluntary industry agreement lessens the likelihood that the FCC will use its discretion (and limited resources) to adopt new rules. However, if there are unlocking issues with the rest of the industry, the Commission will then have the option of whether to proceed with adopting rules as NTIA has proposed. Deadlines
FEBRUARY 1: FCC FORM 502, NUMBER UTILIZATION AND FORECAST REPORT. Any wireless or wireline carrier ( including paging companies ) that have received number blocks—including 100, 1,000, or 10,000 number blocks—from the North American Numbering Plan Administrator (NANPA), a Pooling Administrator, or from another carrier, must file Form 502 by February 1. Carriers porting numbers for the purpose of transferring an established customer's service to another service provider must also report, but the carrier receiving numbers through porting does not. Resold services should also be treated like ported numbers, meaning the carrier transferring the resold service to another carrier is required to report those numbers but the carrier receiving such numbers should not report them. Reporting carriers are required to include their FCC Registration Number (FRN). Reporting carriers file utilization and forecast reports semiannually on or before February 1 for the preceding six-month reporting period ending December 31, and on or before August 1 for the preceding six-month reporting period ending June 30. Calendar At-a-Glance
Dec. 18 — Upfront payment deadline for Auction 96.
Dec. 20 — Form 323 (Biennial Ownership Report) is due.
Dec. 20 — Reply comments on Revised 3.5 GHz Licensing Model are due.
Dec. 20 — Comments are due on intrastate inmate calling rates and practices.
Dec. 23 — PRA Comments on Electronic Tariff Filing Requirements are due.
Dec. 30 — Reply comments on Lifeline Biennial Audit Plan are due.
Jan. 3 — Papers on System for Sharing 3.5 GHz Band are due.
Jan. 8 — Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Jan. 8 — PRA Comments on Special Access Data Collection are due.
Jan. 9 — Comments are due on the proposal to license 600 MHz Band using "Partial Economic Areas."
Jan. 13 — Reply comments are due on intrastate inmate calling rates and practices.
Jan. 13 — Comments due on Changes to LNP Porting Process.
Jan. 15 — Annual Hearing Aid Compatibility Report is due.
Jan. 17 — Mock auction for Auction 96.
Jan. 22 — Auction 96 begins.
Jan. 23 — Reply comments are due on the proposal to license 600 MHz Band using "Partial Economic Areas."
Jan. 28 — Reply comments are due on Changes to LNP Porting Process.
Feb. 1 — FCC Form 499-Q is due.
Feb. 1 — FCC Form 502 (Number Utilization and Forecast Report) is due.
Feb. 14 — Inmate calling rules become effective.
Mar. 1 — Copyright Statement of Account Form for cable companies is due.
Mar. 1 — Annual CPNI Certification is due.
Mar. 1 — FCC Form 477 (Local Competition & Broadband Reporting) is due. |
David George and Bill Noyes
