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. 38 |
October 23, 2013 |
Headlines
FCC Sets New Deadlines for Filings Due During the Shutdown
On October 17, 2013, the FCC released a Public Notice revising the deadlines associated with filings that fell due during the government shutdown of October 1 through October 16. With some exceptions, filings that were due between October 7 and October 16 are now due 16 days after their original deadline and filings that were due between October 17 and November 4 are now due November 4, 2013.
According to the Public Notice, the FCC has extended these deadlines because parties did not have access to electronic dockets and other online Commission resources during the suspension of operations. This way, filers will have access to Commission resources for the period of time they would have had otherwise, absent the suspension of Commission operations.
Under the extended deadlines, a filing that would have been due on October 7, for example, is instead due 16 days later on October 23. To the extent the revised due dates for filings under this Public Notice fall on a weekend or other Commission holiday, they will be due on the next business day. This includes the filing of copies of eligible telecommunications carriers' Form 481 with the FCC, which were originally due on October 15. Under the FCC's Public Notice, they are due October 31. (Please note this only applies to the copy of Form 481 that was due to the FCC; as we have reported in previous editions of the BloostonLaw Telecom Update, the filing was still due at USAC and the relevant state and tribal authorities on October 15.)
It is important to note that this extension does not apply to Network Outage Reporting System (NORS) filings, and to the following specific proceedings, for which the FCC has established a specific deadline:
- Verizon Communications, Inc.; Petition for Declaratory Ruling under Section 310(b)(4) of the Communications Act, as Amended, IB Docket No. 13-230. Comments due by October 25, 2013; replies due by November 1, 2013.
- 2014 Modification of Average Schedule Company Universal Service High-Cost Loop Support Formula, WC Docket No. 05-337. Comments due by November 4, 2013; replies due by November 19, 2013.
- Modernizing the E-Rate Program for Schools and Libraries, WC Docket No. 13-184. Replies due by November 8, 2013.
- Domestic section 214 transfer of control applications, WC Docket Nos. 13-223, 13-228, 13-235, 13-237. 16-day filing extension applies; reply comments will be due seven days after the applicable comment deadline.
- ULS Applications/Notifications. All ULS applications and notifications filed in accordance with the Commission's rules (e.g., sections 1.913, 1.946) that were originally due on October 1, 2013, through and including November 4, 2013, are now due on November 4, 2013.
- Vanity Call Sign Requests. Vanity call sign applications filed via ULS between October 17 and October 22 will all be processed as if they were filed on October 22, 2013. In addition, any vanity call sign applications that were filed by mail between October 1 and October 22 also will be treated as if they were filed on October 22, 2013.
- Tribal Mobility Fund Phase I Auction (Auction 902). The Wireless Telecommunications Bureau and Wireline Competition Bureau will release a separate Public Notice in the near future announcing new dates and deadlines applicable to Auction 902
- Amendment of the Commission's Rules with Regard to Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands; GN Docket No. 13-185. Reply Comments are due by October 28, 2013.
- DISH Network Corporation Petition for Waiver and request for Extension of Time, WT Docket No. 13-225. Reply Comments are due by October 28, 2013.
- Reassessment of Exposure to Radio-frequency Electromagnetic Fields Limits and Policies in ET Docket Nos. 03-137 and 13-84; FCC 13-39. Reply Comments are due November 18, 2013.
H-Block Auction Rescheduled for January 22, 2014
On October 21, 2013, the FCC released a Public Notice officially rescheduling the auction for H-Block licenses (i.e., those licenses in the 1915-1920 MHz and 1995 MHz-2000 MHz bands) for January 22, 2014. The auction, designated Auction 96, was rescheduled as a result of the government shutdown on October 1.
The following schedule for Auction 96 has been set:
- Auction Tutorial becomes available (via Internet) November 4, 2013
- Short-Form Application filing window opens November 4, 2013; 12:00 noon ET
- Short-Form Application filing window closes November 15, 2013; 6:00 p.m. ET
- Upfront payments (via wire transfer) are due December 18, 2013; 6:00 p.m. ET
- The Mock Auction will be held on January 17, 2014
- Auction 96 will be held on January 22, 2014
All other procedures, terms and requirements as set out in the Auction 96 Procedures Public Notice remain unchanged.
Please let us know as soon as possible if you would like to participate in this auction. The filing deadline is only 3 weeks away and we will want to be sure that we have all of the necessary information for the application well in advance of the November 4, 2013 filing deadline.
Senator Ted Cruz Places Hold on President Obama's FCC Nominee
The Hill reports that Senator Ted Cruz (R-Texas) has placed a hold on the confirmation of Tom Wheeler to be the next Chairman of the Federal Communications Commission. A spokesman for Senator Cruz said the Senator has placed the hold on the nomination until Mr. Wheeler clarifies whether he would require more disclosure about the donors behind political TV ads. Senator Cruz wants to know Mr. Wheeler's views on whether the FCC has the authority or intent to implement the requirements of the failed Congressional "Democracy is Strengthened by Casting Light on Spending in Elections Act" or DISCLOSE Act (which would have amended the Federal Election Campaign Act of 1971). Mr. Wheeler had previously declined to give specific answers on the issue, but now may be ready to revisit the Senator's questions.
FCC regulations require television broadcasters and cable providers to identify the "true sponsor" of all ads. Some Democrats, including House Minority Leader Nancy Pelosi (D-CA) and Senator Bill Nelson (D-FL), have urged the FCC to use that power to require political groups advertising on TV to reveal their major donors. But Senator Cruz argues the Democrats are trying to use the FCC to implement the goals of the DISCLOSE Act — which would have required political groups to reveal more information about their donors. He and other Republicans claim that the bill would have chilled political speech.
Senator Cruz pressed Mr. Wheeler about the issue during his committee hearing in June, but the nominee said he would have to study the issue more carefully before taking a position. Senate Democrats could override Senator Cruz's hold on Wheeler, but that would require 60 votes and take up valuable floor time.
Law & Regulation
October 28 FCC Open Commission Meeting
On Monday, October 28, 2013, the FCC will hold an open meeting at 11:30 a.m. in Room TW-C305, at 445 12th Street, S.W., Washington, D.C. The Commission is waiving the sunshine period prohibition contained in Section 1.1203 of the Commission's rules until 12 noon on Thursday, October 24, 2013. As a result, presentations dealing with the items to be considered at the meeting are permitted until that time. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC Live web page at www.fcc.gov/live.
Items to be considered at the meeting include (i) a Report and Order and Further Notice of Proposed Rulemaking to address problems associated with completion of long distance calls to rural areas; (ii) a Report and Order that implements an industry solution to provide interoperable service in the lower 700 MHz band; and (iii) consider a Second Report and Order adopting technical rules for the 700 MHz broadband spectrum licensed to the First Responder Network Authority (FirstNet).
Senate Announces Hearing on Broadband Adoption: The Next Mile
The U.S. Senate Committee on Commerce and Transportation's Subcommittee on Communications, Technology and the Internet has announced a hearing, titled "Broadband Adoption: The Next Mile," to be held on Tuesday, October 29, 2013 at 10:30 a.m. in Room 253 of the Russell Senate Office Building. During the hearing, the Subcommittee will consider how to increase broadband adoption in the United States; explore challenges to broadband adoption among various demographic groups and regions; and strategies to overcome those barriers. At this time, a list of witnesses has not been disclosed. The hearing will be webcast live via the via the Senate Commerce Committee website.
Industry
AT&T Announces $4.85 Billion Tower Sale to Crown Castle
AT&T has reached an agreement to assign lease rights for some 9,100 of its company-owned wireless towers and to sell approximately 600 other towers outright to Crown Castle International for $4.85 billion in up-front cash.
The deal, which was announced Sunday, gets AT&T out of the business of being a landlord while shoring up the company's balance sheet in the midst of a 3-year $14 billion network investment plan it announced last year and plans for a stock buyback that could exceed $11 billion. For Crown Castle, it increases the company's tower count by approximately 33 percent.
Under the reported terms of the arrangement, Crown Castle will secure exclusive rights to lease and operate the AT&T towers for an average duration of 28 years, and will have a fixed price purchase option to acquire the facilities when the leases expire. Reports indicate that AT&T will lease back space on the towers for a minimum of 10 years at $1,900 per month per site with 2% annual increase to accommodate its own operations. AT&T has also reserved rights to excess capacity on the towers for its future needs.
"AT&T is selling when tower values are at a historical high," said an analyst at Cowen & Co. "It's helpful to have a stronger balance sheet. They've been interested in making acquisitions abroad and probably looking to get spectrum when the auction comes up."
The terms of the transaction appear to be quite similar to last fall's $2.4 billion deal between Crown Castle and T-Mobile USA, which involved the transfer of rights to operate 7,200 T-Mobile USA towers.
"We are very pleased with our agreement with AT&T, which strengthens our position as the largest provider of shared wireless infrastructure in the US," stated Crown Castle President and CEO Ben Moreland. "Consistent with our focus on the top 100 US markets, nearly half of the AT&T towers are located in the top 50 markets, where we expect the majority of network densification and upgrade activity to occur."
The AT&T-Crown Castle transaction is expected to close by the end of the year.
Calendar At-a-Glance
Oct. 23 – Comments on proposed changes to FCC Form 555 (annual Lifeline ETC certification)(originally due Oct. 7).
Oct. 28 – Reply comments are due on FCC's Notice of Proposed Rulemaking on Advanced Wireless Services (originally due Oct. 16).
Oct. 28 – Responses to FCC Census Blocks that price cap carriers have requested funding to serve as part of the second round of CAF Phase I are due.
Oct. 28 – FCC Open Meeting.
Oct. 30 – Deadline to seek extension of CALM Act small provider grace period (originally due Oct. 14).
Oct. 30 – New 57-64 GHz Rules become effective.
Oct. 31 – Filing deadline for copies of the FCC Form 481 filed with USAC on October 15 (originally due Oct. 15).
Nov. 1 – FCC Form 499-Q is due.
Nov. 4 – Comments on the continuation of the BroadbandMatch website tool are due.
Nov. 4 – Comments are due on NECA's 2014 Modification of the Average Schedule Universal Service High-Cost Loop Support Formula.
Nov. 7 – Reply comments are due on EAS Testing Issues.
Nov. 8 – Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Nov. 8 – Reply comments are due on FCC's Notice of Proposed Rulemaking on E-Rate 2.0.
Nov. 18 – Reply Comments are due on FCC's guidelines for human exposure to RF electromagnetic fields.
Nov. 18 – Comments on revising and updating the record on cramming are due.
Nov. 19 – Reply comments are due on NECA's 2014 Modification of the Average Schedule Universal Service High-Cost Loop Support Formula.
Dec. 2 – Reply comments on revising and updating the record on cramming are due.
Dec. 2 – Form 323 ( Biennial Ownership Report) is due.
Dec. 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 – Electronic filing deadline for Form 497 for carriers seeking support for the preceding month and wishing to receive reimbursement by month's end.
Jan. 15 – Annual Handset Accessibility Compliance Report due. |