Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients.
I. Featured Upcoming Compliance Deadlines
II. Filing Deadlines in Select Rulemakings, Inquiries & 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 due May 1, 2023.
A. Form 499-Q Quarterly Telecommunications Reporting Worksheet (due May 1, 2023)
Carriers and providers of interstate and international telecommunications, including, but not limited to, interconnected Voice over Internet Protocol providers, providers offering interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators, are required to file the FCC Form 499-Q on a quarterly basis. Carriers and providers must report their actual and projected end user and carrier’s carrier interstate and international revenues for each calendar quarter by filing the Form 499-Q.
The Form 499-Q filing reporting historical revenue for January 1 through March 31 of 2023 and projected revenues for July 1 through September 30 of 2023 is due to the Universal Service Administrative Company on or before May 1, 2023.
Carriers and providers do not have to submit the Form 499-Q if they are not required to contribute directly to the universal service support mechanisms, including but not limited to carriers and providers whose annual interstate and international revenues will be de minimis or for international-only carriers and providers.
Note: Post-filing revisions to this Form 499-Q filing, if any, must be filed within 45 days of May 1, 2023.
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/.
B. Section 64.1900 Geographic Rate Averaging Certification (due May 1, 2023)
Each non-dominant provider of de-tariffed interstate, domestic, interexchange services must certify that it provides such service in compliance with its geographic rate average and rate integration obligations pursuant to section 254(g) of the Communications Act. The Certification must be signed by an officer of the company and is due to the FCC by May 1, 2023.
II. Filing Deadlines in Select Rulemakings, Inquiries & Other Proceedings:
- On November 25, 2022, the Commission released a Report and Order, Order, and Further Notice of Proposed Rulemaking (FCC 22-84) in ET Docket No. 21-232 and EA Docket No. 21-233. Comments are sought on possible revisions to the rules and procedures associated with prohibiting authorization of “covered” equipment in the FCC’s equipment authorization program as well as proposed revisions to rules for the competitive bidding program. Comments are due April 7, 2023; replies are due May 8, 2023.
- On January 4, 2023, the Commission released a Notice of Proposed Rulemaking in WT Docket No. 22-323 regarding access to spectrum to support unmanned aircraft system (“UAS”) communications. (FCC 22-101). Comments were due by March 9, 2023. Reply comments are due by April 10, 2023.
- On February 17, 2023, the FCC released a Notice of Proposed Rulemaking in WC dockets 22-238, 11-42, and 21-450, concerning implementation of the Safe Connections Act of 2022. Comments are due April 12, 2023. Reply comments are due no later than May 12, 2023.
- On January 18,2023, the FCC released the Ninth Further Notice of Proposed Rulemaking in WP docket 07-100, seeking comment on the "implementation of our new Band manager model for the 4.9 GHz band..." Following an extension of the pleading cycle, comments are due no later than April 13, 2023, with reply comments due by May 15, 2023.
- On March 16, 2023, the National Telecommunications and Information Administration published a Request for Comments in the Federal Register on National Spectrum Strategy matters pertaining to (1) developing a spectrum pipeline (including spectrum band candidates), (2) long-term spectrum planning, and (3) expanding spectrum capacity through technology. Comments are due by April 17, 2023.
- Pursuant to a Notice published in the Federal Register on March 17, 2023, Paperwork Reduction Act (PRA) comments on extension of a currently approved collection regarding FCC Form 477, Local Telephone Competition and Broadband Reporting Form 477 are due no later than April 17, 2023.
- On December 21, 2022, in GN Docket No. 22-69, the FCC adopted a Notice of Proposed Rulemaking directed towards prevention and elimination of digital discrimination of access to broadband (FCC 22-98). Comments were filed by February 21, 2023. The deadline for reply comments has been extended to April 20, 2023.
- On March 13, 2023, in connection with the Phase II C-Band Transition, the FCC released a Public Notice in GN dockets 18-122 and 23-97 seeking comments “on proposed procedures related to the filing of Phase II Certifications of Accelerated Relocation (Certifications) and on implementation of the Commission’s incremental reduction plan for Phase II Accelerated Relocation Payments (ARPs) as part of the ongoing transition of the 3.7 GHz band.” Comments are due April 20, 2023 in newly opened GN docket 23-97.
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. Pro forma assignments and transfers may be approved under streamlined Forbearance procedures in the case of most telecommunications carriers (excluding 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 private pro forma transfers and assignments.
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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