The Federal Communications Commission (FCC or Commission) released a tentative agenda for the FCC’s April Open Meeting scheduled for Thursday, April 30 at 10:30 a.m. ET. The items on the April agenda reflect three of Chairman Brendan Carr’s top priorities: modernizing regulations governing satellite broadband, protecting consumers from unlawful robocalls and strengthening national security safeguards in the equipment authorization and telecommunications service rules. Details on the six items expected to be considered at the Open Meeting are summarized and discussed below:
- Modernizing Spectrum Sharing for Satellite Broadband – Report and Order, SB Docket No. 25-157. Historically, non-geostationary orbit (NGSO) fixed-satellite service (FSS) systems were required to comply with power limits expressed in equivalent power-flux density (EPFD) to protect geostationary orbit (GSO) FSS and broadcasting-satellite service (BSS) networks. Acknowledging that the equivalent power-flux density EPFD limits and spectrum sharing framework, which were originally developed and implemented before the advent of modern low Earth orbit NGSO FSS constellations, may be artificially and unnecessarily constraining the evolution of the FSS marketplace and degrading the efficiency of spectrum use by these systems, this Report and Order (R&O) would revise the current spectrum sharing regime between GSO and NGSO satellite systems operating in the 10.7-12.7, 17.3-18.6, and 19.7-20.2 gigahertz (GHz) bands. The R&O would replace the EPFD framework with performance-based GSO protection criteria. The new regime would rely upon a good-faith coordination framework to allow NGSO and GSO operators to negotiate the appropriate interference protections through voluntary, private agreement. When coordination is not reached, the new rules would employ technical backstops to protect GSO systems, which will include: (1) a 3% time-weighted average degraded throughput threshold as the long-term interference metric for the protection of GSO networks using adaptive coding and modulation (ACM); (2) a 0.1% absolute increase in link unavailability as the short-term GSO interference metric; and (3) a protection threshold of -10.5 decibel interference-to-noise (dB I/N) for 80% of the time for non-ACM GSO satellite links. In addition, the R&O would require NGSO operators to observe a 3-degree GSO-arc avoidance angle and adopt a set of reference links for NGSO operators to demonstrate that it will comply with the long-term and short-term interference metrics.
- Advanced Methods to Target and Eliminate Unlawful Robocalls (“Know-Your-Customer”) – Further Notice of Proposed Rulemaking (FNPRM), CG Docket Nos. 17-59 and 02-278. In this FNPRM, the FCC seeks to further strengthen its efforts to combat illegal robocalls by identifying specific measures that originating call providers must take in order to satisfy the Commission’s “Know-Your-Customer” (KYC) requirements. The KYC requirements generally require originating call providers to take “affirmative, effective measures to prevent new and renewing customers from using [their] network[s] to originate illegal calls, including knowing [their] customers and exercising due diligence in ensure that [their] services are not used to originate illegal traffic.” The FNPRM seeks comment on proposals to clarify what is required to satisfy this directive, including proposals that would require originating providers to: (1) obtain certain identifying information from new or renewing customers before granting access to their services, with enhanced information required for high-volume customers; (2) verify identification information collected from customers, such as by obtaining copies of government-issued identification and additional documentation for high-volume callers; (3) re-reverify KYC information periodically or in response to changes in traffic patterns or other red flags that may suggest illegal calls; and (4) retain information and supporting records for the entirety of any potential statute of limitations period relating to misuse of calling services to make illegal calls. The FCC also proposes to codify a base forfeiture of $2,500 per call in order to correlate penalties to the volume of illegal calls made.
- Promoting the Integrity and Security of Telecommunications Certification Bodies, Measurement Facilities, and the Equipment Authorization Program – Second Report and Order (R&O) and Order on Reconsideration, and Second FNPRM, ET Docket No. 24-136.
The R&O refines the Commission’s rules governing the Telecommunications Certification Bodies (TCBs), test laboratories and laboratory accreditation bodies that are involved in the FCC equipment authorization process. First, the R&O creates a fast-track priority review process for devices subject to the FCC’s Pre-Approval Guidance (PAG) process (which is a process providing greater scrutiny for newer equipment and technologies) that are tested in Trusted Test Labs (i.e., labs located in the United States or in a country with a Mutual Recognition Agreement (MRA) or comparable reciprocal trade agreement). Second, the R&O requires that test labs and TCBs disclose the number and location of all employees that are engaged in FCC-recognized testing and/or certification. Third, the R&O adopts stronger post-market surveillance procedures for TCBs to identify equipment that may be noncompliant despite having received an authorization, enhanced enforcement mechanisms to hold manufacturers and testing bodies accountable for submitting inaccurate information or fraudulent test results, and establishes confidential channels for reporting potential violations of national security concerns. Finally, the R&O directs the development of a consolidated list of entities that are prohibited from receiving equipment authorization in order to help streamline applicant screening. The R&O also grants a Petition for Reconsideration filed by Garmin that would modify ownership reporting rules for publicly traded companies to align with SEC timelines.
The FNPRM seeks comment on proposals to prohibit recognition of test labs, TCBs or laboratory accreditation bodies that are located in, or that conduct testing, certification or accreditation in, countries without an MRA or similar trade agreement that provides for reciprocity with the U.S. The FNPRM further proposes to withdraw recognition from any such test labs, TCBs, or laboratory accreditation bodies over a phase-out period. The FNPRM also seeks comment on additional protections needed to safeguard intellectual property during testing and certification in the equipment authorization process, and on how the Commission can modernize its equipment authorization databases to support enforcement priorities while streamlining and alleviating administrative burden on TCBs and other participants in the equipment authorization process. - Protecting Against National Security Threats in Domestic Telecommunications Service – Notice of Proposed Rulemaking (NPRM), WC Docket No. 26-82. Section 214(a) of the Communications Act of 1934, as amended, requires carriers to obtain from the Commission a certificate of present or future public convenience and necessity before undertaking the construction of a new interstate line, acquiring or operating any interstate line, or engaging in transmission over such an interstate line. The Commission grants “blanket” entry certification to all domestic carriers seeking to construct, operate or engage in transmission over domestic lines of communication, to the extent such authority is required under the statute. This NPRM aims to continue the Commission’s efforts to protect the nation’s telecommunications networks against foreign adversary threats by proposing to exclude entities identified on the FCC’s “Covered List” from providing domestic interstate telecommunications services pursuant to blanket authority under section 214 of Act. It also seeks comment on its proposal to require such entities to submit an individual application seeking affirmative approval for domestic section 214 authority for review by the Commission and other executive branch agencies. In addition, the Commission seeks comment on whether it should expand the exclusion to other entities whose provision of domestic 214 services could threaten national security. It also seeks comment on the appropriate procedures for revoking operating authority for any entities on the Covered List that currently provide domestic interstate telecommunications services subject to blanket section 214 authority. Finally, it seeks comment on whether the Commission should prohibit telecommunications carriers from interconnecting with excluded entities, unless such entities have applied for and received authorization from the Commission.
- Promoting Fair and Open Competitive Bidding in the E-Rate Program – Report and Order and Order on Reconsideration, WC Docket No. 21-455, CC Docket No. 02-6. This draft R&O and Order on Reconsideration would establish a competitive bidding portal and document repository for the E-Rate program for funding year 2028, which begins July 1, 2027. The R&O would require prospective service providers to submit responsive bids through the portal (all bids would be presumed confidential and non-winning bids and pricing data would remain confidential). Once a winning bid has been selected, applicant would be required to upload winning-bid evaluations and vendor selection documentation to the portal, including bid evaluation criteria, an explanation of disqualified bids and finalized contracts. The R&O would also adopt rules aimed to simplify the E-rate program, including (1) allowing applicants to file post-commitment requests to change dates and funding for transitions of service, as well as mid-cycle requests for bandwidth increases; (2) eliminating the Children’s Internet Protection Act certification form and instead integrating the certifications in the funding application form; and (3) clarifying ancillary use of equipment for on-campus Internet is permissible if the most cost-effective offering was selected without consideration for the ineligible on-campus Internet. Finally, the Order on Reconsideration would clarify that shared use of E-Rate-funded equipment by non-instructional facilities does not require cost allocation, as long as the most cost-effective offering for the shared equipment was selected without regard to the non-instructional facility’s use.
- Proposal to Amend Audible Crawl Rule – Third FNPRM, MB Docket No. 12-107. This Third FNPRM would grant the National Association of Broadcasters petition for rulemaking and seek comment on amending the Audible Crawl Rule, which requires broadcasters to provide aural versions of visual, non-textual emergency graphics—such as radar maps—shown during non-newscast video programming. The Audible Crawl Rule has been waived in part since its inception due to impracticability. As such, in the Third FNPRM, the Commission would tentatively conclude that compliance is not technically feasible and proposes to amend the rule, stating that textual crawl sufficiently meets the requirements if it duplicates or is equivalent to the visual emergency alert, as long as the textual crawl is also conveyed aurally. The Commission seeks comment on whether this should apply to all video programming distributors, not just broadcasters. Furthermore, the Commission seeks comment on the required language and frequency of the text crawl.