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:

A. Revisions to May 1, 2023 Form 499-Q Quarterly Telecommunications Reporting Worksheet (due June 15, 2023)

Carriers and providers of interstate and international telecommunications that seek to revise their May 1, 2023 Form 499-Q filing must do so within 45 days of the Form 499-Q filing deadline.

B. Quarterly Section 1.767(l) Submarine Cable Licensee Reports
(due June 29, 2023)

Submarine cable licensees that (i) are, or are affiliated with, carriers with market power in any of the submarine cable licensee's WTO Member destination countries; and (ii) have sought streamlined processing of a cable landing license, pursuant to section 1.767 of the Commission’s rules are required to file a provisioning and maintenance report and a circuit status report within 90 days from the end of the preceding calendar quarter.

C. Quarterly Sec. 63.10(c) Dominant International Carrier Reports
(due June 29, 2023)

• International telecommunications service providers that are classified as dominant are required to submit (i) a quarterly international traffic and revenue report and (ii) a quarterly provisioning and maintenance report. These reports are due within 90 days from the end of the preceding calendar quarter.
• Facilities-based international telecommunications service providers that are classified as dominant also are required to file a quarterly circuit status report. This report is due within 90 days from the end of the preceding calendar quarter.

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II. Filing Deadlines in Select Rulemakings, Inquiries & Other Proceedings:

• Wireless Handset Hearing Aid Compatibility: Pursuant to a March 23, 2023 Public Notice, comments on the December, 2022, Hearing Aid Compatibility (HAC) Task Force Report proposing a plan to achieve 100% compatibility for wireless handsets were filed in Docket No. 15-285 by April 22, 2023. Reply comments are due no later than May 8, 2023.
• Equipment Authorizations and Supply Chain: 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 were 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 were filed by April 7, 2023; replies are due May 8, 2023.
• 988 Service Outages: On January 26, 2023, the FCC adopted a Notice of Proposed Rulemaking concerning ‘988’ Outage Reporting in PS dockets 23-5 and 15-80 and WC docket 18-336, directed towards ensuring that the FCC and crisis intervention services providers receive “timely and actionable” information about 988 service outages. Comments are due by May 8, 2023 with replies due no later than June 6, 2023. Filing instructions are in the NPRM.
• Consumer Protection against Illegal Texting: On March 16, 2023, the FCC adopted a Report and Order and Further Notice of Proposed Rulemaking in CG Docket Nos. 21-402 and 02-278. The FNPRM seeks comment on proposals to further strengthen consumer protections from illegal texting activities. Comments are due by May 8, 2023, with reply comments due no later than June 6, 2023.
• Communications Services for Incarcerated People: On March 16, 2023, the FCC adopted a Notice of Proposed Rulemaking and Order in WC Docket Nos. 23-62, 12-375, seeking comment in connection with the Martha Wright-Reed Just and Reasonable Communications Act, including issues related to implementation of the new Act and the steps toward establishing just and reasonable rates and charges for incarcerated people’s communications services. Comments are due by May 8, 2023. Reply comments are due no later than June 6, 2023.
• Satellite/Terrestrial Network Integration: On March 16, 2023, the FCC adopted a Notice of Proposed Rulemaking in GN Docket No. 23-65 and IB Docket No. 22-271 regarding rules enabling the integration of satellite and terrestrial networks in certain qualifying terrestrial use frequency allocations, what the agency is calling Supplemental Coverage from Space. Comments are due by May 12, 2023, with reply comments due no later than June 12, 2023.
• Reassigned Numbers Database: Paperwork Reduction Act (PRA) comments are due by May 12, 2023 regarding the requested extension of a previously approved information collection concerning the reassigned numbers database. Further information and instructions for comment submission are provided in the April 12, 2023 Federal Register announcement.
• Safe Connections Act of 2022: 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 were filed by April 12, 2023. Reply comments are due no later than May 12, 2023.
• 4.9 GHz Band Manager:
  • 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 were due no later than April 13, 2023, with reply comments due by May 15, 2023.
  • On March 30, 2023, the American Association of State Highway and Transportation Officials (AASHTO) filed a Petition for Reconsideration of the Seventh Report and Order adopted in WP Docket No. 07-100 in connection with management of the 4.9 GHz band. Following the May 1, 2023 notice in the Federal Register, oppositions are due by May 16, 2023 and replies are due May 26, 2023.
• Affordable Connectivity Program: Comments are sought by May 18, 2023 on a new computer matching program between the FCC and USAC and the Department of Education in connection with the Affordable Connectivity Program. The program will commence on May 18, 2023, and conclude 18 months after the effective date. Further information and instructions for comment submission are provided in the April 18, 2023 Federal Register announcement.
• usTLD Registrants and the Accountable WHOIS Gateway System: The National Telecommunications and Information Administration (NTIA) seeks comments by May 31, 2023 regarding accountability measures in connection with access to personal information of usTLD registrants and the Accountable WHOIS Gateway System. Further information and filing instructions are available in the May 1, 2023 Federal Register notice.
• Use of Secure and Trusted Communications Networks Reimbursement Funds: Paperwork Reduction Act (PRA) comments are sought by June 16, 2023. regarding a proposed revision to an approved information collection in connection with the Secure and Trusted Communications Networks Reimbursement Program. The revision in question would replace a current question in FCC Form 5640 with a more detailed question seeking greater detail as to how program participants have spent program funds. Further information and instructions for comment submission are provided in the April 17, 2023 Federal Register announcement.
• Public Wireless Supply Chain Innovation Fund: The National Telecommunications and Information Administration is seeking views on information-collection requirements for its Public Wireless Supply Chain Innovation Fund. Comments are due June 16, 2023. Further information and instructions for comment submission are provided in the April 17, 2023 Federal Register announcement.

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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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