Federal Communications Commission (FCC or Commission) Chairman Brendan Carr released a tentative agenda for the FCC’s May Open Meeting headlined with a new proceeding that could remake aspects of the $4.5 billion High Cost program. The other three items on the May agenda advance existing efforts to improve the Broadband Data Collection (BDC), the robocall regulatory regime and the disaster outage reporting system. The FCC’s May Open Meeting is scheduled for Wednesday, May 20, at 10:30 a.m. ET, and details on the four expected items to be considered at the Open Meeting are summarized below:
- Reforming the High Cost Program for an All-IP Future – Notice of Proposed Rulemaking, WC Docket Nos. 26-96, 10-90. This draft Notice of Proposed Rulemaking (NPRM) would seek comment on updating a subset of the Commission’s high-cost mechanisms that apply to legacy rate-of-return carriers that are currently not subject to any forward-looking buildout obligations – namely, the Connect America Fund Broadband Loops Support (CAF BLS) and High Cost Loop Support (HCLS). The NPRM would also seek comment on what next steps, if any, should be taken on with respect to the areas served by the sunsetting Alternative Connect America Cost Model (A-CAM) I, Revised A-CAM I and A-CAM II mechanisms, and would seek comment on an extension of the sunsetting of the A-CAM I mechanism to align with the sunsetting of other A-CAM mechanisms in 2028. Specifically, the NPRM would seek comment on three alternative approaches for the legacy and A-CAM support mechanisms at issue: (1) updating the high-cost support mechanisms to align with the current landscape; (2) creating a single modernized fixed support mechanism replacement; or (3) taking no further action on legacy support mechanisms and simply allowing the above A-CAM mechanisms to sunset. Furthermore, the Commission would seek comment on whether there should be limitations on high-cost support in areas with unsubsidized competitors or enforceable commitments through a funding program such as the Broadband Equity Access and Deployment (BEAD) program, as well as comment on preventing duplicative support. The FCC would also seek comment on the role that satellite broadband service should play in modernizing the high-cost support mechanisms, particularly as it relates to the priority of the satellite systems within the existing infrastructure systems. Finally, the NPRM would seek comment on whether the Universal Service Fund and high-cost support mechanisms can be utilized to support development of a transition to Internet Protocol (IP) networks and how to ensure efficient use of those funds to prevent waste or over-subsidization.
- Further Steps to Streamline Broadband Data Collection – Report and Order and Further Notice of Proposed Rulemaking, WC Docket Nos. 19-195, 11-10, GN Docket No 25-133. This item is comprised of two parts: (1) a Report and Order (R&O) and (2) Further Notice of Proposed Rulemaking (FNPRM). The R&O adopts new rules designed to improve and streamline the reporting and refining of broadband availability data and ensure accuracy of the National Broadband Map (NBM). Specifically, the R&O will align reporting requirements for broadband availability and subscription data. It will also eliminate the requirement that providers be notified of and allowed to respond to fabric challenges during the development cycle for the broadband fabric (which makes up the NBM). Service providers will continue to be notified of accepted fabric challenges before the next version of the map is published and will then have an opportunity to challenge any results with which they disagree, and will continue to have the ability to respond to availability challenges to the data submitted in their Broadband Data Collection (BDC) filings. The new rules will also streamline verification and audit processes by having the BDC system automatically remove areas or locations that fail a verification or audit without requiring the provider to update its data, as is currently required.
The FNPRM seeks comment on a number of issues, including ways that the FCC can simplify and streamline the “coverage restoration process” through which providers may demonstrate that they can make service available to a location or area that was previously removed from its availability data as a result of a lost or conceded challenge, verification inquiry or audit. The FNPRM further seeks comment on proposals to reduce burdens on reporting “grandfathered” fixed broadband availability data, including whether data on such services should continue to be reported in the BDC at all. The FNPRM also seeks comment on a number of other issues, including establishing voluntary best practices for BDC data retention; potential improvements to the challenge process, such as presumptive rebuttal of certain types of fixed challenges with infrastructure data, streamlining fixed challenge process timelines and relaxing mobile crowdsourced data requirements; mobile verification and audit process improvements; and ensuring that certain sensitive data always be treated as confidential. - Enhancing Know-Your-Upstream-Provider Requirements – Further Notice of Proposed Rulemaking, WC Docket No. 17-97; CG Docket No. 17-59. The STIR/SHAKEN framework is a set of technical standards and protocols that aim to deter impermissible number spoofing, support call traceback efforts, and provide information that informs providers’ call analytics engines that are used to make call blocking and labeling decisions. This FNPRM proposes rules that the Commission believes will enhance STIR/SHAKEN by ensuring that all voice service providers are taking action and fulfilling obligations to protect consumers from illegal calls. Specifically, the FNPRM proposes to require voice service providers to meet certain baseline measures, including (1) collecting certain information from upstream providers such as general business information, financial information, ownership and affiliate information, and operational and service information; (2) performing due diligence of upstream providers’ compliance with certain Commission rules; and (3) refusing or discontinuing service when an upstream provider may be the source of illegal calls. The FNPRM also seeks comment on a proposal to codify attestation levels and criteria established in the Alliance for Telecommunications Industry Solutions standards for STIR/SHAKEN. It also seeks to close certain STIR/SHAKEN loopholes by proposing to, among other things, clarify definitions that govern providers’ STIR/SHAKEN implementation obligations and increase the value of STIR/SHAKEN attestations by requiring all providers that serve end users to make attestation-level decisions. In addition, the FNPRM seeks comment on whether the Commission should take further actions related to know-your-upstream-provider requirements and caller ID authentication to combat the threat of problematic foreign-originated calls. And the FNPRM proposes a comprehensive review of the Commission’s existing STIR/SHAKEN caller ID authentication rules to simplify and clarify the rules, remove unnecessary redundancy and ensure consistency.
- Disaster Information Reporting System Modernization – Third Report and Order, PS Docket Nos. 21-346 and 15-80; ET Docket No. 04-35. This Third Report and Order (3rd R&O) would adopt rules to modernize the Disaster Information Reporting System (DIRS), which serves as a platform for service providers to submit critical information about the status of their communications infrastructure during disasters. Specifically, the rules would (1) shift from requiring submission of multiple reporting worksheets to a single, streamlined, dynamic form; (2) create a “one-click” option for manual filers to confirm there is no change from the prior day’s report; (3) eliminate unnecessary or irrelevant fields in the current reporting structure; (4) eliminate the requirement for filers to submit a final report within 24 hours after DIRS deactivation; and (5) limit DIRS reporting obligations to only facilities-based providers, reducing the burden on resellers and mobile virtual network operators that do not operate their own communications infrastructure. The 3rd R&O would also require DIRS reporting for public safety voice and broadband network operators.
