Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends. Please review the deadlines below and contact us if you would like assistance or have any questions.

I. Featured Upcoming Compliance Deadlines

II. Filing Deadlines in Select Rulemakings, Inquiries, and Other Proceedings

III. Select Ongoing Filing Requirements

I. FEATURED UPCOMING COMPLIANCE DEADLINES

The following are reminders for upcoming Federal Communications Commission (“FCC”) reports and compliance requirements:

A. The Broadband Data Collection (“BDC”) Report (due September 3, 2024)

The successor to the Form 477 Local Competition and Broadband Report, the BDC Report collects broadband availability and other data on a semi-annual basis. The next report is due September 3, 2024, and collects data current as of June 30, 2024. Specifically, facilities-based broadband service providers submit data into the BDC system specifying where they made mass-market broadband Internet access service available on June 30, 2024. Along with providers of fixed and mobile voice services, they must also submit their June 30, 2024, subscription data (as required under Form 477) into the BDC system. The BDC filing is due on September 3, 2024, (because the usual deadline, September 1 of each year, falls on a Sunday this year and September 2, 2024 is a holiday).

The FCC announced details for the upcoming BDC report deadline in a June 25, 2024, Public Notice (subsequently corrected as to the filing deadline on June 27, 2024). Extensive instructional material, including guidance for access to the Broadband Serviceable Location Fabric in connection with submission of fixed broadband availability data, is provided at Broadband Data Collection Resources.

Mandatory BDC Filers are as follows:

(1) Facilities-based providers of fixed and/or mobile broadband internet access (i.e., faster than 200 kbps, in at least one direction) with end-user connections in service as of June 30, 2024;

(2) Providers of fixed voice services, including incumbent local exchange carriers and competitive local exchange carriers (whether providing wired or fixed wireless local exchange service) with end-user connections in service as of June 30, 2024;

(3) interconnected VoIP service providers with end-user connections in service as of June 30, 2024; and

(4) facilities-based providers of mobile voice service with end-user connections in service as of June 30, 2024.

See Information for Filers and Who Must File Form 477? for additional details regarding these provider types.

B. Revisions to August 1, 2024, Form 499-Q Quarterly Telecommunications Reporting Worksheet (due September 16, 2024)

Carriers and providers of interstate and international telecommunications that seek to revise their August 1, 2024, Form 499-Q filing must do so within 45 days of the Form 499-Q filing deadline (i.e., September 16, 2024 because the forty-fifth day, September 15, 2024, falls on a Sunday).

As a reminder, Form 499-Q filers are required to submit the form electronically through USAC’s E-File system, available at https://www.usac.org/service-providers/.

C. Annual FCC Regulatory Fees (Deadline To Be Announced)

The FCC collects annual regulatory fees from most federal licensees and other regulated entities to offset costs associated with the FCC’s enforcement, public service, policy, and rulemaking activities. Fees vary by type of licensee or operating entity and are to be collected no later than September 30^th, the end of the FCC’s fiscal year but they are typically subject to an earlier deadline by order of the FCC. Entities that have a regulatory fee payment obligation should watch for the FCC announcement.

The deadline for this year’s regulatory fee payments has not been announced; however, the FCC typically releases a public notice by early September advising licensees and regulated entities of the regulatory fee payment due date. In recent years, this deadline has been set in the last ten days of September. The FCC will not issue bills for the regulatory fees, and it is the licensee’s responsibility to pay the fees owed (regardless of the amount posted in the CORES system). All licensees and regulatees must utilize CORES for payment of fees.

Failure to meet the regulatory fee payment deadline (once established) will result in the assessment of late payment penalties, set by statute at 25%. The FCC does not ordinarily waive late payment penalties.

We intend to circulate a special alert when the public notice announcing the window for payment of regulatory fees is released.

II. FILING DEADLINES IN SELECT RULEMAKINGS, INQUIRIES, AND OTHER PROCEEDINGS

Border Gateway Protocol (“BGP”) Security Risk Management. On June 6, 2024, the Commission adopted a Notice of Proposed Rulemaking (“NPRM”) in PS Dkt. Nos. 24-146 and 22-90 seeking comment on proposals to require providers of Broadband Internet Access Services (“BIAS”) to prepare confidential BGP security risk management plans at least annually, describing the specific efforts made, or planned, to secure BGP routing architecture. Certain large providers would be required to file these plans, while remaining service providers would need to make their plans available upon Commission Staff request. The NPRM further proposes that a specified list of the largest providers would be required to file, and make publicly available, quarterly reports of certain data enabling the Commission to “measure progress in [Route Origin Authorization] registration and maintenance and assess the reasonableness of the service provider’s [Plan]...” Following publication in the June 17, 2024, Federal Register, comments were due on July 17, 2024, with reply comments due on August 1, 2024. Comments on the Paperwork Reduction Act (“PRA”) proposed information collection requirements are due on August 16, 2024.

High-Cost Recipient Letters of Credit. On June 6, 2024, the FCC adopted a Notice of Proposed Rulemaking in WC Docket Nos. 10-90, 18-143, 19-126, and 24-144; AU Docket Nos. 17-182 and 20-34; and GN Docket No. 20-32 proposing to modifying LOC requirements for High Cost support. Following publication in the July 5, 2024, Federal Register, comments were due on August 5, 2024, with reply comments due on August 19, 2024.

Cyber Trust Mark Program. On June 27, 2024, the Public Safety and Homeland Security Bureau issued a Public Notice, seeking comment on proposals to “further the efficient and timely rollout” of the voluntary cybersecurity labeling program for consumer wireless Internet of Things (“IoT”) products Following publication in the July 18, 2024, Federal Register, comments are due on August 19, 2024, and reply comments are due on September 3, 2024.

Interim 911 Requirements for Supplemental Coverage from Space – PRA Comments. On March 15, 2024, the FCC released a Report and Order in GN Dkt. No. 23-65 and IB Dkt. No. 22-271, including new 911-related reporting requirements for CMRS providers that use SCS arrangements to expand coverage to their end-users. Following publication in the June 21, 2024, Federal Register, PRA comments on this new information collection are due on August 20, 2024.

2027 World Radiocommunication Conference (“WRC-27”) Recommendations. On August 6, 2024, the Office of International Affairs issued a Public Notice (with Erratum on August 7, 2024) in OIA Dkt. No. 24-30, requesting comment on (i) the WRC-27 Advisory Committee’s draft recommendations for issues to be considered at WRC-27; and (ii) proposals for WRC-27 developed by the National Telecommunications and Information Administration. Comments on these proposals are due on August 20, 2024.

Low Power Television Service. On June 5, 2024, the FCC adopted a Notice of Proposed Rulemaking in MB Dkt. Nos. 24-147 and 24-148, seeking comment on its proposal for “comprehensive updates” to the rules for the Low Power Television Service (LPTV Service). Following publication in the June 27, 2024, Federal Register, comments were due on July 29, 2024, with reply comments due on August 26, 2024

Customer Proprietary Network Information (“CPNI”) and Other Customer Information – PRA Comments. Following publication in the June 25, 2024, Federal Register, PRA comments are requested regarding new and modified information collection requirements concerning management of CPNI and other customer information, as adopted in (i) the November 16, 2023, SIM Swap and Port-Out Fraud Order (WC Dkt. No. 21-341) and (ii) the December 21, 2023, Data Breach Report and Order (WC Dkt. No. 22-21). Comments are due on August 26, 2024.

Federal Access to Non-Federal Satellite Services. On April 26, 2024, the Office of Engineering and Technology released a Public Notice in ET Dkt. No. 24-121, seeking comment on “possible mechanisms to expand Federal use of the bands used by commercial satellite networks that are not currently allocated for Federal FSS and MSS.” Comments submitted in response to this request will be considered alongside the existing record in ET Docket No. 13-115 and RM-11341. Particular topics for comment include strategies to provide Federal earth stations with interference protection when they communicate with commercial satellites in bands that are not allocated for Federal FSS and MSS and the 2013 proposals in ET Docket No. 13-115 and RM-11341 for changes to the Allocation Table. Following publication in the July 1, 2024, Federal Register, comments were due on July 31, 2024, with reply comments due on August 30, 2024.

Supplemental Coverage from Space (“SCS”) -- PRA Comments. Following publication in the July 1, 2024, Federal Register, PRA comments are requested for proposed revisions to current information collections in connection with licensing and spectrum usage by commercial earth stations and space stations. Pursuant to these revisions, parties seeking to provide SCS will be required to submit a new or modified FCC Form 312 with certifications regarding their intended provision of SCS and provide a detailed description of their proposed SCS operations. Comments are due on August 30, 2024.

CVAA Biennial Report Findings. On July 16, 2024, the Consumer and Governmental Affairs Bureau issued a Public Notice in CG Dkt. No. 10-213, requesting comment on the Bureau’s tentative findings for inclusion in the FCC’s 2024 Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”) biennial report, which is due to Congress by October 8, 2024. Comments are due on August 30, 2024.

E-Rate Eligible Services List. On July 31, 2024, the Wireline Competition Bureau issued a Public Notice in WC Dkt. No. 13-184, seeking comment on the draft E-Rate Eligible Services list for funding year 2025. Comments are due on August 30, 2024, with reply comments due on September 16, 2024.

Internet Protocol Captioned Telephone Service (“IP CTS”). On May 31, 2024, TDIforAccess, Inc. (“TDI”), the National Association of the Deaf (“NAD”), and the Hearing Loss Association of America (“HLAA”) filed a Petition for Rulemaking in CG Dkt. Nos. 13-24 and 03-123 in order to obtain reversal of a 2018 FCC decision to authorize IP CTS providers to rely entirely on automatic speech recognition (“ASR”) to generate captions. Petitioners further request that the FCC (i) not certify any new ASR-only IP CTS providers pending the resolution of the rulemaking and (ii) complete the open proceeding on setting of “clear, technology-neutral performance goals and metrics for IP CTS.” Following issuance of a Public Notice by the Consumer and Governmental Affairs Bureau on August 1, 2024, comments are due on September 3, 2024, with reply comments due on September 16, 2024 and must reference RM-11987 as well as the above-referenced CG dockets.

Closed Captioning Rules. On July 18, 2024, the FCC released a Further Notice of Proposed Rulemaking in CG Dkt. No. 05-231, seeking comment on proposals to amend current rules to relieve certain video programmers and other providers of programming from FCC captioning registration and certification requirements. Following publication in the August 2, 2024, Federal Register, comments are due on September 3, 2024, with reply comments due on September 16, 2024.

Telecommunications Certification Bodies: Equipment Authorizations. On May 23, 2024, the FCC adopted a Notice of Proposed Rulemaking in ET Dkt. No. 24-136, seeking comment on proposals to promote the national security and the integrity of the communications supply chain by strengthening requirements and oversight relating to telecommunications certification bodies and measurement facilities with respect to their role for equipment authorizations. Following publication in the July 5, 2024, Federal Register, comments are due on September 3, 2024, with reply comments due on October 3, 2024.

AI-Generated Content in Political Advertising. On July 25, 2024, the FCC released a Notice of Proposed Rulemaking in MB Dkt. No. 24-211, directed towards ensuring greater transparency regarding the inclusion of AI-generated content in political advertising. Proposals include requirements for certain licensees and regulatees to provide on-air announcements for political ads that contain AI-generated content and to include a disclosure notice in their online political files for such ads. Following publication in the August 5, 2024, Federal Register, comments are due on September 4, 2024, with reply comments due on September 19, 2024.

Reconfiguration of the Lower 900 MHz band. On April 16, 2024, NextNav Inc. (“NextNav”) filed a Petition for Rulemaking (with a supplement on June 7, 2024) in WT docket 24-240 and RM-11989, proposing reconfiguration of the 902-028 MHz band in a manner that NextNav contends will enable deployment of a terrestrial network to complement (and back up) U.S. Global Positioning System while also providing 15 MHz of low-band spectrum for use by mobile wireless networks. On August 6, 2024, the Wireless Telecommunications Bureau and Office of Engineering and Technology released a Public Notice seeking comment on all aspects of the NextNav proposals. Comments are due on September 5, 2024, with reply comments due on September 20, 2024.

Wireless Handset Unlocking. On July 19, 2024, the FCC released a Notice of Proposed Rulemaking in WT Dkt. No. 24-186, seeking comment on its proposal to require that mobile wireless services providers unlock handsets within 60 days after activation except where the provider determines during that period that the handset was purchased through fraud. Following publication in the August 8, 2024, Federal Register, comments are due on September 9, 2024, with reply comments due on September 23, 2024. Paperwork Reduction Act comments on the proposed information collection requirements are due on October 7, 2024.

III. SELECT ONGOING FILING REQUIREMENTS

Pro Forma Assignments and Transfers

Assignments of Authorization and Transfers of Control can be filed either as pro forma applications or non-pro forma applications.

A pro forma assignment or transfer is one in which the form of ownership changes but actual control of the license remains with the same entity or person. Most pro forma assignments and transfers may be approved under streamlined Forbearance procedures in the case of most telecommunications carriers (e.g., Section 214 authorization holders, wireless licensees (excluding those with installment payment or designated entity issues) and earth station licensees). Unlike non-pro forma assignments and transfers of control, where there is a substantial change in direct or indirect ownership or control, i.e., a de jure or de facto change introducing a new party or person with a controlling interest, requests regarding pro forma changes where the ultimate control and ownership remains the same do not require prior FCC approval provided that the parties notify the FCC of the change within 30 days. Note that private licenses are not subject to forbearance such that FCC advance approval generally is required for pro forma transfers and assignments of private licenses.

Change in FCC Form 499 Filer Information

Filers must update their registration information, including a DC Agent for Service of Process in accordance with these instructions to the FCC Form 499-A. Filers must file updated information within one week of the contact information change. Filers wishing to update Preparer information, headquarters address, billing contact information, or DC Agent for Service of Process, can submit either an FCC Form 499-A or an FCC Form 499-Q or, for billing-related matters only, email USAC’s billing department. Filers wishing to update any other information must submit a revised FCC Form 499-A. For more information, see https://www.usac.org/service-providers/contributing-to-the-usf/making-revisions/.

Filers that cease providing telecommunications must deactivate their Filer ID with USAC by submitting a letter with termination date and information on their successor entity to USAC. Filers must also update their CORES ID information with the Commission

Filers must file within 30 days of the date that the company ceases to provide telecommunications service or telecommunications.

FCC: https://apps.fcc.gov/cores/userLogin.do

USAC: www.usac.org/service-providers/contributing-to-the-usf/manage-your-499-id

Change in Robocall Mitigation Plans

A voice service provider that has not fully implemented the STIR/SHAKEN call authentication framework for all calls must submit a robocall mitigation plan pursuant to 47 CFR § 64.6305(b). Any provider that makes a change in any of the following information must submit a revised robocall mitigation plan within 10 business days of the change. See 47 CFR § 64.6305(b)(5).

Its certification as to the implementation of STIR/SHAKEN in its network;
The extension(s) that apply to its implementation of the STIR/SHAKEN framework;
The specific reasonable steps the voice service provider has taken to avoid originating illegal robocall traffic as part of its robocall mitigation program;
Its commitment to respond to all traceback requests and law enforcement requests for information on illegal robocalling; and
The provider’s business name, d/b/a name(s), former name(s), its legal address and contact information for one person within the company responsible for addressing robocall mitigation-related issues.

The link for submitting a revised robocall mitigation plan is available here.

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Attorneys in Kelley Drye’s Communications Practice Group are experienced in addressing a full range of communications business and regulatory issues, including the obligations of affected wireline, wireless, and satellite providers and operators to pay annual FCC regulatory fees. We also assist affected entities with questions arising from obligations to submit a variety of service provider reports, such as the determination of service classifications and associated completion, where applicable, of the FCC’s Telecommunications Reporting Worksheet (Forms 499-A and 499-Q). For more information, please contact your current Kelley Drye attorney or any member of the Communications Practice Group.

Reminder: Federal Communications Commission – August/September Filings