Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients and friends. Please review the deadlines below and contact us if you would like assistance or have any questions.
I. Featured Upcoming Compliance Deadlines
II. Filing Deadlines in Select Rulemakings, Inquiries, and 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. Form 499-Q Quarterly Telecommunications Reporting Worksheet
(due August 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 April 1 through June 30 of 2023 and projected revenues for October 1 through December 31 of 2023 is due to the Universal Service Administrative Company on or before August 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 which are international-only carriers and providers.
Note: Post-filing revisions to this Form 499-Q filing, if any, must be filed within 45 days after August 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. Form 502: Numbering Resource Utilization/Forecast Report(due August 1, 2023)
Section 52.15(f) of the FCC’s rules requires carriers that receive numbers from the North American Numbering Plan Administrator (NANPA), a pooling administrator, or another telecommunications carrier, to file Form 502 twice annually to report numbering usage and to forecast future numbering resource needs.
The next Form 502 must be submitted to NANPA by August 1, 2023, and reflects information for the preceding 6-month period ending June 30, 2023. Form 502 and related information can be found here.
II. Filing Deadlines in Select Rulemakings, Inquiries, and Other Proceedings:
TCPA Consent: On June 9, 2023, the FCC released a Notice of Proposed Rulemaking (NPRM) in Docket No. 02-278, seeking comment on proposed rules intended to reinforce consumers' ability to effectively revoke consent to receipt of robocalls and.or robotexts. Following Federal Register publication on June 29, 2023, comments are due by July 31, 2023. Reply comments are due by August 14, 2023.
NTIA Internet Use Survey: The National Telecommunications and Information Administration (NTIA) seeks comment in connection with its proposed Internet Use Survey questions as part of the Census Bureau’s November 2023 Current Population Survey (CPS). The proposed questions are provided at https://www.ntia.doc.gov/sites/default/files/publications/2023-ntia-internet-use-survey-public-comment.pdf. Comments are due August 1, 2023, and should be submitted, either by email or mail, pursuant to the instructions on the Internet Use Survey webpage.
Robocall Deterrence: On May 19, 2023 the FCC released the Eighth Further Notice of Proposed Rulemaking and Third Notice of Inquiry in CG Docket No. 17-59 and WC Docket No. 17-97, to expand robocall protections for consumers, seek comment on additional strategies in this effort and gather industry information about anti-robocall tools and effectiveness to date. Following Federal Register publication on July 10, 2023, comments are due August 9, 2023. Reply comments are due September 8, 2023.
NG 911 Transition: On June 9, 2023, the FCC released a Notice of Proposed Rulemaking (NPRM) in PS Docket No. 21-479, intended to facilitate and expedite the national transition to Next Generation 911 services. Following publication in the Federal Register on July 10, 2023, comments are due by August 9, 2023, and reply comments are due by September 8, 2023.
Part 61 Tariffs: Paperwork Reduction Act (PRA) comments are sought by August 21, 2023, concerning proposed revision to a currently approved information collection regarding Part 61 tariffs in view of the conclusion of 8YY access charge reform rate transitions and the April 2023 Second Report and Order concerning additional deterrence to access charge arbitrage.
HSR Premerger Notifications: the Federal Trade Commission and the Department of Justice seek comment by August 28, 2023, on proposed changes to compliance with Hart-Scott-Rodino Antitrust Improvements Act, specifically to the premerger notification form, associated instructions, and notification rules. Further information and filing instructions are available in the June 29, 2023 Federal Register publication.
International Telecommunications Carrier Information Collection: the FCC has yet, as of the date hereof, to set the date for all Section 214 international authority holders to submit ownership information as mandated in an Order adopted at its April Open Meeting. It is expected that the deadline for affected carriers to submit the requested information will be no earlier than August 17, 2023. The comment date for the accompanying Notice of Proposed Rulemaking (NPRM) has not been set because the NPRM has not yet been published in the Federal Register.
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 (e.g., Section 214 authorization holders, wireless licensees (excluding those with installment payment or designated entity issues) and earth station licensees). 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 generally is required for pro forma transfers and assignments of private licenses.
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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