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The Federal Communications Commission (FCC or Commission) announced that it will hold its February Open
Meeting on Wednesday, February 18 at 10:30 a.m. ET. Details on the
four items expected to be considered at the Open Meeting are
summarized and discussed below:
- Strengthening the Integrity of the Lifeline
Program – Notice of Proposed Rulemaking,
WC Docket Nos. 11-42, 17-287, 09-197, 21-450, 20-445. In
this Notice of Proposed Rulemaking (NPRM), the FCC seeks comment on
reforms to the Lifeline program, which supports voice and broadband
access for all by providing discounts for qualifying low-income
Americans. Specifically, the FCC seeks comment on updated
requirements to ensure that program participants are legal
beneficiaries of Lifeline discounts, including by collecting Social
Security numbers. In addition, it seeks comment on a proposal to
enact predictable minimum service standards, ending the voice
support phase-down and preventing duplicative support. The item
also proposes usage tracking and non-usage de-enrollment for all
Lifeline service plans. In doing so, the Commission advances these
and other proposals in an effort to "ensure the Lifeline rules
reflect current and best practices to support low-income Americans
while ensuring efficiency, transparency, and
accountability."
This item comes after the Office of Inspector General issued a report detailing how the Lifeline program has led to millions of dollars being reimbursed from the FCC to deceased individuals. Despite the details in this report, critics, including Commissioner Anna Gomez, argue that the proposed changes are "shortsighted" because they will lead to eligible households wrongfully losing coverage.
- Maximizing the Potential of the 900 MHz
Band – Report and Order, WC Docket No.
24-99. The Report and Order (R&O) seeks to maximize
the potential of the 896-901/935-940 megahertz (MHz) band (900 MHz
band) by enabling broadband deployment on all ten megahertz of the
band through a voluntary relocation process. If adopted, the new
rules would facilitate additional spectrum access by utilities,
critical infrastructure, and other enterprises for broadband
deployments while maintaining options for narrowband and other 3/3
megahertz broadband operations. The Commission will largely apply
the 3/3 megahertz licensing, technical, transition and
anti-windfall requirements to the entities that intend to conduct
broadband operations on all ten megahertz of the band.
This R&O, if adopted, will be welcome news to utility companies, who were strongly advocating for expansion of broadband operations in the 900 MHz band as it will allow for more robust private broadband networks that are essential to the grids that utilities rely on for their networks. In addition, although the Association of American Railroads (AAR), which holds a nationwide ribbon license in the narrowband segments, initially opposed expanded broadband operations in the 900 MHz band, we believe that the Commission's nod toward the Wireless Telecommunications Bureau's future actions in "favor" of AAR transitioning to the 220 MHz band is likely an indication of a truce.
- Proposing Application Limit in Upcoming NCE
Reserved Band FM Translator Filing Window
– Public Notice, MB Docket No. 26-20. This
Notice would direct the Media Bureau to open the first-ever filing
window for applications for the new noncommercial educational (NCE)
reserved band FM translator station construction permits and to
issue a subsequent public notice announcing the specific dates of
the 2026 window. In an effort to promote efficiency, curb
speculative applications, and preserve spectrum for future
secondary service, the Notice would establish eligibility
restrictions and impose application and attributable interest
limitations on prospective applicants.
As the Commission points out, the last opportunity to file for FM Translators was in 2003, which resulted in an "extraordinary volume" of applications. While the FCC has seemed hesitant to open another filing window due to, among other things, the high volume of "speculative filings" and "extraordinary procedural delays" stemming from the 2003 filing, the FCC anticipates that its proposed eligibility and application requirements will resolve some of those past issues.
- Reforming Intercarrier
Compensation – Notice of Proposed
Rulemaking, WC Docket Nos. 25-311, 25-208. The NPRM seeks
industry feedback on the FCC's plan to expedite network
deployment and modernization by reforming regulations that are
impacting the transition to all-Internet Protocol (IP) networks. In
an effort to incentivize carriers to transition, the FCC seeks
comment on its proposal to move remaining intercarrier compensation
charges to a bill-and-keep framework. Additionally, the NPRM seeks
comment on, among other things, how to define the network edge for
allocating transport cost responsibilities between carriers and
whether the FCC should forbear from tariffing access charges after
the transition to bill-and-keep. The NPRM also seeks comment on
eliminating and detariffing ex ante pricing regulation of end-user
charges and phasing out Connect America Fund Intercarrier
Compensation Recovery support.
A few key commenters have already expressed support for the Commission's proposals. For example, the Voice on the Net Coalition noted that bill-and-keep has already successfully created a "simpler, more efficient framework." Similarly, USTelecom has expressed that the FCC could fix a key hurdle that prevents the industry from moving to universal IP interconnection by adopting "a framework for agreement-less IP interconnection over the internet for voice services on a bill-and-keep basis." With this support in mind, stakeholders, especially small and mid-size providers, should be cognizant of the operational and financial impacts that could arise should the Commission ultimately decide to alter how carriers recover network costs and compete in the marketplace.
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