Reminder: Federal Communications Commission – March Filings – Media, Telecom, IT, Entertainment

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I. Featured March Deadlines

Below are reminders for upcoming Federal Communications Commission (FCC) reports and compliance requirements due in March.

Annual Customer Proprietary Network Information (CPNI) compliance certification

Pursuant to Part 64.2009(e) of the FCC Rules, telecommunications carriers and interconnecting VoIP service providers must file a CPNI Rules Certificate of Compliance annually. The following certification is due March 1, 2022 and should be filed in EB File No. 06-36.

The upcoming certification covers the calendar year 2021 and must:

  1. Be signed by a corporate officer who certifies to his personal knowledge that the company has adequate procedures to ensure compliance with CPNI rules;

  2. Explain how the operational procedures ensure that the company is or is not in compliance with the rules;

  3. Explain any action taken against the data brokers or provide a statement that the carrier has taken no such action; and

  4. Summarize all customer complaints received in the past year regarding the unauthorized release of CPNI.

Form 477: Local Competition and Broadband Report

The Local Competition and Broadband Report, containing data as of December 31, 2021, is due before March 1, 2022. 2020 Census geographic codes must be used when creating and submitting your data. To facilitate revisions, data repositories on and before June 30, 2021 will continue to use the 2010 census codes.

The report requires the submission of information regarding broadband connections in use at end-user locations, wired and wireless local telephone services, and interconnected VoIP services in all states and territories as well as Washington, D.C.

Who should file:

  1. Providers with facilities for one or more broadband services (and., faster than 200 kbps, in at least one direction) connections (including facility-based wireline lines and wireless channels where the provider holds the license) to end users;

  2. Incumbent local exchange carriers (“ILECs”) or competitive local exchange carriers (“CLECs”) that provide local wireline or fixed wireless service to one or more end-user customers;

  3. VoIP service providers interconnected with one or more end-user customers generating revenue from the interconnected VoIP service; and

  4. mobile phone service providers with facilities that serve one or more mobile phone subscribers.

Filing process:

The Form 477 report must be submitted electronically using the Form 477 filing form interface. Filers will need to use their Federal Registration Number (“FRN”) and associated password to access the system. The Form 477 submission must include in the filer’s identifying information the name of the company official who certifies that they have reviewed the information contained in this Form 477 and that, to the best of their knowledge, information and beliefs, all statements of fact contained in this Form 477 are true and accurate.

Note that the FCC recently made changes to the specific fixed and mobile broadband deployment information that must be included in the Form 477 filing, so be sure to review the instructions for more information.

II. Other March deadlines:

  • On January 28, the FCC issued a Report and order (FCC 22-8) updating the definition of “library” in its rules to clarify the eligibility of tribal libraries and to promote increased participation of underrepresented tribal libraries in the E-Rate program. The Commission said tribal libraries would be eligible for year 22 funding, for which applications are due by March 22, 2022
  • On January 4, the FCC’s Wireline Competition Bureau (WCB) issued a Ordered (DA 22-6) granting a request for an extension of the deadlines for initial comments and response comments for the report on the future of the Universal Service Fund. On December 15, 2021, the FCC issued a Notice of Investigation Initiating Proceedings for the report on the future of the Universal Service Fund, as required by Section 60104(c) of the Investment Act and the employment in infrastructure. In accordance with this order. Comments were due, under the extension, by February 17, 2022, and the extended comment response date is March 17, 2022.

III. Continuous Deposit Requirements:

Pro forma allocations and transfers

Assignments of licenses and transfers of control may be filed as pro forma applications or as non-pro forma applications.

An assignment or pro forma transfer is a transfer in which the form of ownership changes, but effective control of the license remains with the same entity. Assignments and pro forma transfers can be approved under simplified forbearance procedures in the case of most telecommunications operators (except licensees with installment payment or designated entity issues). These pro forma requests 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. FCC approval is required for pro forma private transfers and assignments.

Changing FCC Form 499 Filer Information

Filers must update their registration information, including a DC agent for service of process in accordance with these FCC Form 499-A instructions. Registrants must file updated information within one week of the change in contact details.

Filers wishing to update preparer, registered office address, billing information, or DC agent information for the process service may submit FCC Form 499-A or FCC Form 499-Q or , for billing-related questions only, email the USAC 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/serviceproviders/contributing-to-the-usf/makingrevisions/

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

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

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

USAC: https://www.usac.org/serviceproviders/contributing-to-the-usf/manage-your499-id/

Editing 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 supplier who changes 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 regarding 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 generating illegal robocall traffic as part of its robocall mitigation program;

  • Its commitment to respond to all traceback requests and law enforcement inquiries about illegal robocalls; and

  • The supplier’s trading name, d/b/a name(s), former name(s), legal address and contact details of a person within the company responsible Address robocall mitigation issues.

The link to submit a revised robocall mitigation plan is available here:

https://fccprod.servicenowservices.com/rmd?id=rmd_welcome

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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Aurora J. William