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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Category Archives: DWT Advisory

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OTMR Effective Date and Ninth Circuit Briefing Schedule Announced

Posted in Cable, DWT Advisory, Pole Attachments, Regulatory, Wireline

Friday, the FCC published the Office of Management and Budget’s approval of the one-touch make-ready (OTMR) rules in the Federal Register and set May 20, 2019 as the effective date for these rules. As previously reported by DWT the joint electric utility challenge to the OTMR rules was transferred to the Ninth Circuit and consolidated… Continue Reading

FCC Proposes Two Items to Expedite Wireline and Wireless Attachments to Utility Poles

Posted in DWT Advisory, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, Wireless

New “One Touch Make-Ready” Regime Proposed with Shortened Timeframes and Revised Terms for Completing Pole Attachments Draft Declaratory Ruling Would Prohibit State and Local Moratoria on Wireline and Wireless Deployment Last spring, largely responding to claims by Google Fiber that existing attachers and sequential make-ready costs and delays were impeding broadband deployment, the FCC circulated a… Continue Reading

FCC Issues Draft Wireline and Wireless Infrastructure Orders and Further Wireline Rulemaking Notice ahead of November Meeting

Posted in Broadband Deployment, DWT Advisory, Wireless

On October 26, 2017, the FCC released drafts of a Report and Order and Further Notice of Proposed Rulemaking in the wireline broadband deployment docket (the “Draft Wireline Order” and “Draft Wireline FNPRM”) and a Report and Order in the wireless broadband deployment docket (the “Draft Wireless Order”). The release of these two items suggests… Continue Reading

FCC Action May Delay Deployment of 5G and Industrial IoT Applications and Services Under Innovative New Spectrum Sharing Regime in 3.5 GHz Band

Posted in Broadband Deployment, DWT Advisory, Spectrum Initiatives

The FCC’s plan to release an additional 150 MHz of spectrum in the 3.5 GHz band under the new Citizens Broadband Radio Service (CBRS) shared spectrum access regime will likely be delayed as the agency continues to work out final details of shared access rights. In action earlier today the Commission adopted a notice of… Continue Reading

FCC Proposes To Overhaul Procedural Rules Applicable To Pole Attachment Complaints

Posted in DWT Advisory, Pole Attachments

On September 18, 2017, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (“NPRM”) that would significantly change the procedural rules governing formal pole attachment complaint proceedings filed under Section 224 of the federal Communications Act (47 U.S.C. § 224). The FCC has included the proposed changes in a broader rulemaking aimed at consolidating, revising,… Continue Reading

Eighth Circuit Affirms FCC’s 2015 Order Equalizing Cable and Telecom Pole Attachment Rates

Posted in Broadband Deployment, DWT Advisory, Infrastructure (Poles, Conduit and Rights of Way), Pole Attachments, Wireless

On Monday, July 31, 2017, the U.S. Court of Appeals for the Eighth Circuit, in a unanimous opinion, affirmed the FCC’s November 2015 Order on Reconsideration closing the “telecom formula loophole” to ensure that pole attachment rates for cable and telecom attachers are equivalent. In the FCC’s 2011 Order that was upheld by the D.C. Circuit, the FCC sought to align the… Continue Reading

FCC Reinstates CPNI Privacy Regulations (and Compliance Filing Obligations) for Telecom and VoIP Service Providers

Posted in Broadband Adoption, Broadband Deployment, DWT Advisory, Mobile Broadband

In a recent order, the FCC has reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of voice service providers under Section 222. This action follows the Congressional repeal of the FCC’s 2016 Privacy Order that had extended CPNI regulations to broadband internet access services. As a result, telecom and VoIP providers… Continue Reading

Hotly Anticipated Broadband Privacy Order Released by FCC

Posted in DWT Advisory, Privacy and Cybersecurity

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a common carrier telecommunication service under Title II of the Communications Act, and over the strenuous dissent of both… Continue Reading

FCC Identifies Areas Eligible for Support Under Connect America Fund Phase II Auction

Posted in DWT Advisory, General

Orange is the new green – well that’s one way to think of the FCC’s latest announcement of areas eligible for support (subsidies) for providers delivering broadband to unserved areas in connection with the upcoming Connect America Fund (“CAF”) Phase II reverse auction. Last week the agency issued a Public Notice identifying a preliminary list… Continue Reading

An Oft-Forgotten Detail in Infrastructure Deals – Telecom Licenses

Posted in DWT Advisory

Much of the nation’s infrastructure, from energy to transportation, depends upon telecommunications for safe and efficient operation. The facilities that provide such communications services generally are proprietary operations that are subject to licensing and regulation by the Federal Communications Commission (FCC) or, in the case of facilities operated overseas, by foreign regulatory counterparts. When infrastructure… Continue Reading

Amendment To The FCC’s Effective Competition Rules: Implementation Of Section 111 Of STELAR

Posted in DWT Advisory

On June 2, 2015, the FCC adopted an Order implementing Section 111 of the STELA Reauthorization Act of 2014 (STELAR), which required the FCC to streamline its longstanding effective competition rules for small cable operators. Under the Communications Act, local franchising authorities (LFAs) may regulate basic cable service tier rates and equipment for a cable… Continue Reading

FCC Sets Stage for Supplemental Changes to the Federal Telecom Pole Attachment Rate Formula – Comments due June 4

Posted in DWT Advisory, Pole Attachments

Today, the FCC Wireline Competition Bureau released a Public Notice seeking to refresh the record on a Petition for Reconsideration filed by the National Cable & Telecommunications Association (NCTA), COMPTEL, and tw telecom in June 2011 seeking to change certain aspects of the FCC’s new telecommunications pole attachment rate formula to make the telecommunications and cable pole attachment… Continue Reading

Open Internet Order Published and to Become Effective on June 12, 2015—Numerous New Appeals Expected

Posted in DWT Advisory

The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015. Publication in the Federal Register starts the time for petitioning for judicial review and also provides a timeline for covered entities to begin developing… Continue Reading

Advisory Alert: FCC Updates Network Outage Reporting Requirements

Posted in DWT Advisory, Wireless

On March 30, 2015, the FCC issued a Notice of Proposed Rule Making, Second Report and Order, and Order on Reconsideration (Order).  The Order updates the FCC’s “Part 4” network outage reporting rules to reflect technological advancements in wireless and wireline networks.  It also responds to petitions for reconsideration and requests for rulemaking, some of… Continue Reading

Advisory Alert: Telecom Trade Associations Seek Reconsideration of FCC’s New “Treble Damages” Forfeiture Policy

Posted in DWT Advisory

Reacting to last month’s Policy Statement by the Federal Communications Commission (FCC),  trade associations representing a spectrum of telecommunications providers filed a joint Petition for Reconsideration  and for a stay of the FCC’s new policy of imposing penalties of three times the amounts owed but not timely contributed to four FCC-managed funds. The Policy Statement… Continue Reading

FCC Votes to Approve New Net Neutrality Rules

Posted in DWT Advisory

On March 12, 2015, the FCC released its formal written Order explaining the details of the new Open Internet (or Net Neutrality) rules that it approved (on a 3-2 party-line vote) on February 26, 2015. In addition to explaining the majority’s actions and reasoning, the order contains lengthy and vigorous dissents from Commissioners Pai and… Continue Reading

FCC Releases Full Text of Order Preempting State Laws Limiting Municipal Broadband

Posted in DWT Advisory

On March 12, 2015, the Federal Communications Commission released the text of its order preempting provisions of North Carolina and Tennessee law that allow municipalities to provide broadband service but otherwise limit the geographic area they may serve and impose other conditions on their operations. As previously explained in our summary of the Commission’s press… Continue Reading

Advisory Alert: STELAR Implementation

Posted in DWT Advisory

On Feb. 18, 2015, the Federal Communications Commission (FCC) issued an Order amending its rules to implement certain provisions of the STELA Reauthorization Act of 2014 (STELAR). The FCC concluded that these amendments—governing the carriage of broadcast signals by multichannel video programming distributors (MVPDs)—were expressly mandated by STELAR and, therefore, did not require formal notice… Continue Reading

Annual FCC CPNI Certification Due by March 1, 2015; Potential Title II Reclassification Could Soon Expand CPNI Obligations to Broadband

Posted in DWT Advisory

This is to remind our clients that, pursuant to 47 U.S.C. § 222(c), the Federal Communications Commission (FCC) requires every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and calling card providers) to execute and file an annual officer certification that it is in compliance with the FCC’s Customer Proprietary… Continue Reading

Advisory Alert: FCC Releases Outline of Net Neutrality Rules Scheduled for February 26 Vote

Posted in Broadband Adoption, Broadband Deployment, DWT Advisory

On February 4, 2015, the FCC issued a press release describing the Open Internet (or Net Neutrality) rules Chairman Wheeler will bring to a vote at the Commission’s February 26, 2015 meeting. The draft order is now being circulated, and we expect further details to emerge over the next few weeks. Here’s what we know… Continue Reading

Advisory Alert: FCC Recordkeeping Compliance

Posted in Accessibility (Persons with Disabilities), DWT Advisory

By no later than April 1, 2015, entities providing telecommunications, VoIP, or advanced communications services (email, text) must certify to the Federal Communications Commission (FCC) to their compliance in 2014 with the FCC’s accessibility recordkeeping requirements. The FCC rules require covered entities to maintain contemporaneous records of their efforts to comply with FCC rules requiring… Continue Reading

Advisory Alert: FCC Clarifies That Competitive Cable Franchising Rules Do Not Preempt State Franchising Laws, And Affirms Application Of Its 621 Order To Incumbent Cable Operators

Posted in DWT Advisory

Nearly eight years after issuing its so-called “621 Order” limiting local governments’ actions and authority over competitive cable franchising, and its 2007 Second Report and Order which extended to incumbent cable operators many of those same findings, the Federal Communications Commission issued an Order on Reconsideration of the Second Report and Order on Jan. 21,… Continue Reading

Advisory: FCC Sets Dec. 15 Deadline for Special Access Data Collection Submissions

Posted in DWT Advisory

December 15 is now set as the deadline by which nearly all cable operators, telecommunications carriers, and many others must respond to an extensive FCC special access data collection, per an Order on Reconsideration released yesterday.  The order also amended the data collection to adopt the modifications required by the Office of Management and Budget (OMB), as… Continue Reading

DWT Advisory: Driving Down the Cost of Health Care Through Next Generation Networks

Posted in DWT Advisory

Current and future health care delivery models are quickly outgrowing legacy communications architectures, which lack the structural flexibility and, more importantly, the control and security of Next Generation Networks, or NGNs.  NGNs can fundamentally change and improve the existing health care business model by reducing costs, increasing flexibility, maximizing new technologies and expanding health care… Continue Reading