You will find more information about the items on the November meeting agenda after the break:

Enabling Text-to-988 - The Second Report and Order would adopt rules that require covered text providers to route text messages sent to 988 to the Lifeline. Covered text providers would include CMRS providers and providers of interconnected text messaging services that enable consumers to send and receive text messages (including through the use of installed or downloaded applications). The implementation date for text-to-988 would be set at July 16, 2022, which is the same deadline for voice providers (i.e., telecommunications carriers, interconnected Voice over Internet Protocol (“VoIP”) providers and one-way VoIP providers) to enable end users to dial 988 to reach the Lifeline. Initially, covered text providers would only be required to support the transmission of text messages to 988 using Short Message Service format because that is the only text format the Lifeline can receive at this time. However, there would be a process whereby the Wireline Competition Bureau could expand the types of text formats that covered text providers must support as the Lifeline becomes capable of handling additional formats.

Enhanced Competition Incentive Program for Wireless Radio Services – The FNPRM would continue the FCC’s efforts to close the digital divide by promoting diversity of spectrum licensees and the availability of wireless services in rural areas. The FNPRM would propose an Enhanced Competition Incentive Program (“ECIP”) that would be available to wireless licenses for which the FCC has auctioned exclusive spectrum rights in a defined geographic area. A wireless licensee would qualify for certain benefits under the ECIP if it entered into an agreement with an unaffiliated entity to assign or lease a portion of its licensed spectrum and (1) the agreement encompassed at least 50 percent of the licensed spectrum and at least 25 percent of the licensed market area, and (2) the agreement was with a small carrier or Tribal entity or the agreement focused on a rural area. Wireless licensees that participate in the ECIP would receive a five-year extension of the license’s term, a one-year extension of the construction deadline and a modified construction requirement in rural areas. The FNPRM would also seek comment on whether a licensee should be required to use Open Radio Access Networks (“RAN”) technologies to receive ECIP benefits, alternative construction options for licensees with certain flexible use licenses (i.e., license that can be used for a variety of applications), and incentives to promote spectrum sharing.

Updating FM Radio Directional Antenna Verification – The NPRM would propose rules to address the FCC’s tentative conclusion that requiring applicants for FM and LPFM broadcast radio licenses or for modifications to those licenses to provide physical measurements to verify directional antenna patterns is outdated. The FCC’s rules currently require FM applicants to either (1) test a full-scale model of an antenna, including the tower or pole on which it is to be mounted and structures that will be in proximity to the antenna, on a test range or (2) construct a smaller, scale model of the antenna, mounting structure, and nearby structures, and then measure the signal in an indoor anechoic chamber. The NPRM would seek comment on whether the use of computer modeling is a viable option for verifying FM radio directional antenna patterns, whether the FCC should require use of a specific computer program, whether antenna manufacturers or broadcast engineers generally prefer a certain computer model to accurately analyze FM radio directional antenna patterns, and whether the FCC’s policies are effective in resolving interference complaints or disputes pertaining to the directional FM antennas.

Knéis Low-Earth Orbit Satellites Market Access - The Order would grant a petition and waiver request by Knéis, a private satellite operator, to access the United States market using a network of 25 low-Earth orbit (“LEO”) satellites authorized by France and operating on frequencies in the non-voice, non-geostationary mobile-satellite service and earth exploration-satellite service. The Order would grant Kinéis permission to use the 399.9-400.05 MHz and 401-403 MHz bands for uplink and the 400.15-401 MHz band for downlink, subject to certain conditions. Knéis would rely on these frequencies to support connectivity for IoT devices used in the maritime, agricultural, logistics, outdoor sports, security, and scientific sectors. The Kinéis satellite system would be compatible with the Argos data collection system (a worldwide network of data collection satellites managed by France’s space agency, together with the National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration) and would facilitate implementation of the next generation of the Argos system. Five of the satellites would monitor maritime communications in the 156.7625-162.0375 MHz band thereby enhancing maritime domain awareness. The Order would also require Kinéis to obtain approval of its orbital debris mitigation plans prior to commencing service.

You will find more details about the most significant items on the April meeting agenda after the break.

Text-to-988 – The Further Notice of Proposed Rulemaking would expand the new 988 designation for suicide prevention services to include text messaging. Specifically, the FNPRM proposes to require covered text providers to support text messaging by routing text messages sent to 988 to the National Suicide Prevention Lifeline (“Lifeline”). The Lifeline will begin receiving voice calls placed to 988 no later than July 16, 2022. Noting the increasing popularity of texting over voice services, particularly by younger users, the FNPRM seeks comment on the technical considerations for covered text providers, equipment vendors, and software vendors to also enable suicide prevention services to be provided through text-to-988 service. The NPRM considers the possibility of requiring text providers to send automatic bounce-back messages to consumers where the text-to-988 service is not available.

Wireless Microphones – The NPRM would propose to permit licensed wireless microphone users to operate WMAS technology on frequencies already available for Part 74 licensed wireless microphone operations in the TV bands (VHF and UHF). Those frequencies are the 653-657 MHz segment of the 600 MHz duplex gap, and in the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100- 7125 MHz bands. The NPRM also proposes to permit WMAS to use up to 6 megahertz channels when less spectrum is sufficient for applications, or less spectrum is available. The NPRM would require WMAS to operate with a minimum of three audio channels per megahertz of spectrum to ensure an efficient use of spectrum. It would also require WMAS to comply with the emission mask and spurious emission limits for WMAS that were specified in the 2017 European Telecommunications Standards Institution (“ETSI”) standards. The NPRM proposes to update the existing Part 74 and Part 15 wireless microphone technical rules to reference the relevant portions of the 2017 ETSI wireless microphone standards as they currently reference the 2011 version. Lastly, the NPRM seeks comment on whether to authorize WMAS for unlicensed microphone operations under Part 15.

Improving 911 Reliability – The Third Notice of Proposed Rulemaking proposes to harmonize two currently separate outage reporting rules – the rules applicable to covered 911 service providers serving Public Safety Answering Points (“PSAPs”) and the rules requiring telecommunications service providers to report outages affecting 911 service to the public. The NPRM would require all originating service providers to notify potentially affected 911 facilities of an outage within 30 minutes of discovering the outage (the same time period that covered 911 providers have to notify PSAPs of an outage). Service providers would also be required to communicate such information no later than two hours after the initial notification. It would also establish consumer notification procedures for 911 unavailability. This NPRM would standardize the type of information conveyed to PSAPs, which would include information such as the name of the service provider(s) offering the notification and/or experiencing the outage, date and time when the incident began, communications service affected, and potential impact on PSAPs. The NPRM also focuses on service providers maintaining accurate PSAP contact information.

While FCC action historically dwindles going into an election year, the July agenda shows no signs of slowing down on the Commission’s main priorities. You will find more details on the most significant July meeting items after the break:

National Suicide Prevention Lifeline: The draft Report and Order would designate 988 as the 3-digit number for the National Suicide Prevention Lifeline and mental health crisis hotline (“Lifeline”). The Commission would require all telecommunications carriers, interconnected VoIP providers, and one-way VoIP providers to make any network changes necessary to ensure that all users can dial 988 to reach the Lifeline by July 16, 2022. Service providers would be required to transmit all calls initiated by an end user dialing 988 to the current toll free access number for the Lifeline (1-800-273-TALK). The Commission would also require covered providers to implement 10-digit dialing in areas that use both 7-digit dialing and 988 as an NXX numbering prefix to ensure direct dialing to the Lifeline and avoid delayed and misdirected calls.

Call Blocking Rules: The draft Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking (“FNPRM”) would continue the Commission’s efforts to stop unwanted and illegal robocalls. Consistent with the TRACED Act, the Commission would establish a safe harbor from liability for terminating providers for blocking wanted calls, as long as the call blocking was based on reasonable analytics indicating that the call was unwanted, including STIR/SHAKEN information when available. A second safe harbor would also enable voice service providers to block traffic from bad-actor upstream voice service providers that continue to allow unwanted calls on their network. Blocking providers would also be required to establish a single point of contact to remedy unintended or inadvertent blocking, and to ensure that calls to 911 are never blocked. The Commission asks for input on how it can further implement the TRACED Act, and proposes establishing obligations for voice service providers to respond to certain traceback requests, mitigate bad traffic, and take affirmative measures to prevent customers from originating illegal calls on their networks. It also would propose requiring terminating service providers that block calls to provide a list of those blocked calls to their customers on demand and at no additional charge.

Secure Networks Act: The draft Declaratory Ruling and Second FNPRM would integrate provisions of the Secure and Trusted Communications Networks Act of 2019 (“Secure Networks Act”) into the Commission’s existing supply chain rulemaking proceeding. The FCC would adopt the prohibition on the use of universal service funds for equipment and services produced or provided by companies, such as Huawei and ZTE, designated as a national security threat, upholding the 2019 Supply Chain Order. The FNPRM would seek comment on implementing certain portions of the Secure Networks Act, proposing several different processes and definitions that will aid the FCC in compiling and publishing a list of covered communications equipment and services. Additionally, the FCC proposes to: (1) ban the use of federal subsidies for any equipment or services on the new list of covered communications equipment and services; (2) require that all advanced communications providers report whether they use any covered equipment and services; and (3) establish regulations to prevent waste, fraud, and abuse in the proposed reimbursement program to remove, replace, and dispose of insecure equipment. These proposed regulations would include penalties for violations of the reimbursement program and repayment provisions for any violations. The FCC Orders issuing final designations of both Huawei and ZTE as covered companies were effective immediately upon release on June 30, 2020.

Z-Axis Location Accuracy Requirements: The draft Sixth Report and Order and Order on Reconsideration would affirm the FCC’s vertical location (“z-axis”) requirements and deadlines, building on the existing Enhanced 911 location accuracy rules to more accurately identify floor level location for wireless calls made from multi-story buildings. The FCC would adopt its proposals to require CMRS providers that elect to deploy z-axis technology meet the 3-meter accuracy metric by April 2021 for the top 25 CMAs, and by April 2023 in the top 50 CMAs, requiring 80 percent coverage of the population in a CMA. Finding that deploying z-axis technology is technically feasible in the near future, the draft ruling would require all nationwide wireless CMRS providers to deploy z-axis technology nationwide by April 2025, and require non-nationwide providers to deploy z-axis technology in their top 50 CMA service areas by April 2026. The FCC also revises its rules to allow CMRS providers to deploy dispatchable location solutions that rely on a range of technical approaches. Additionally, consistent with Kari’s Law and Ray Baum’s Act, the rules would require all CMRS providers to provide dispatchable location for individual 911 calls, if it is technically feasible and cost-effective to do so, by January 6, 2022.

Improving Broadband Data and Maps: The draft Second Report and Order and Third FNPRM would adopt specific measures and requirements to develop the new broadband maps implemented by the Digital Opportunity Data Collection and the Broadband DATA Act. Although the FCC lacks funding to implement the new maps at this time, these actions would meet the requirement to complete the broadband mapping rulemaking within the set deadline and to develop the service availability maps as soon as feasible. The draft action would adopt a number of requirements for fixed and mobile broadband providers, including specific coverage reporting and disclosure requirements and standards for data use and verification. It would also establish a Broadband Serviceable Location Fabric (“Fabric”), creating a nationwide dataset containing geocoded locations for all areas where broadband connections can be installed, as well as a Broadband Map, showing served and unserved areas for both fixed and mobile coverage. The FNPRM would seek comment on other actions that may be necessary to implement other provisions of the Broadband DATA Act, specifically on which providers are subject to the data collection, data reporting standards for fixed and mobile service, a challenge process for map accuracy, and on processes for implementing the Fabric.