While FCC action historically dwindles going into an election year, the July agenda shows no signs of slowing down on the Commission’s main priorities. You will find more details on the most significant July meeting items after the break:

National Suicide Prevention Lifeline: The draft Report and Order would designate 988 as the 3-digit number for the National Suicide Prevention Lifeline and mental health crisis hotline (“Lifeline”). The Commission would require all telecommunications carriers, interconnected VoIP providers, and one-way VoIP providers to make any network changes necessary to ensure that all users can dial 988 to reach the Lifeline by July 16, 2022. Service providers would be required to transmit all calls initiated by an end user dialing 988 to the current toll free access number for the Lifeline (1-800-273-TALK). The Commission would also require covered providers to implement 10-digit dialing in areas that use both 7-digit dialing and 988 as an NXX numbering prefix to ensure direct dialing to the Lifeline and avoid delayed and misdirected calls.

Call Blocking Rules: The draft Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed Rulemaking (“FNPRM”) would continue the Commission’s efforts to stop unwanted and illegal robocalls. Consistent with the TRACED Act, the Commission would establish a safe harbor from liability for terminating providers for blocking wanted calls, as long as the call blocking was based on reasonable analytics indicating that the call was unwanted, including STIR/SHAKEN information when available. A second safe harbor would also enable voice service providers to block traffic from bad-actor upstream voice service providers that continue to allow unwanted calls on their network. Blocking providers would also be required to establish a single point of contact to remedy unintended or inadvertent blocking, and to ensure that calls to 911 are never blocked. The Commission asks for input on how it can further implement the TRACED Act, and proposes establishing obligations for voice service providers to respond to certain traceback requests, mitigate bad traffic, and take affirmative measures to prevent customers from originating illegal calls on their networks. It also would propose requiring terminating service providers that block calls to provide a list of those blocked calls to their customers on demand and at no additional charge.

Secure Networks Act: The draft Declaratory Ruling and Second FNPRM would integrate provisions of the Secure and Trusted Communications Networks Act of 2019 (“Secure Networks Act”) into the Commission’s existing supply chain rulemaking proceeding. The FCC would adopt the prohibition on the use of universal service funds for equipment and services produced or provided by companies, such as Huawei and ZTE, designated as a national security threat, upholding the 2019 Supply Chain Order. The FNPRM would seek comment on implementing certain portions of the Secure Networks Act, proposing several different processes and definitions that will aid the FCC in compiling and publishing a list of covered communications equipment and services. Additionally, the FCC proposes to: (1) ban the use of federal subsidies for any equipment or services on the new list of covered communications equipment and services; (2) require that all advanced communications providers report whether they use any covered equipment and services; and (3) establish regulations to prevent waste, fraud, and abuse in the proposed reimbursement program to remove, replace, and dispose of insecure equipment. These proposed regulations would include penalties for violations of the reimbursement program and repayment provisions for any violations. The FCC Orders issuing final designations of both Huawei and ZTE as covered companies were effective immediately upon release on June 30, 2020.

Z-Axis Location Accuracy Requirements: The draft Sixth Report and Order and Order on Reconsideration would affirm the FCC’s vertical location (“z-axis”) requirements and deadlines, building on the existing Enhanced 911 location accuracy rules to more accurately identify floor level location for wireless calls made from multi-story buildings. The FCC would adopt its proposals to require CMRS providers that elect to deploy z-axis technology meet the 3-meter accuracy metric by April 2021 for the top 25 CMAs, and by April 2023 in the top 50 CMAs, requiring 80 percent coverage of the population in a CMA. Finding that deploying z-axis technology is technically feasible in the near future, the draft ruling would require all nationwide wireless CMRS providers to deploy z-axis technology nationwide by April 2025, and require non-nationwide providers to deploy z-axis technology in their top 50 CMA service areas by April 2026. The FCC also revises its rules to allow CMRS providers to deploy dispatchable location solutions that rely on a range of technical approaches. Additionally, consistent with Kari’s Law and Ray Baum’s Act, the rules would require all CMRS providers to provide dispatchable location for individual 911 calls, if it is technically feasible and cost-effective to do so, by January 6, 2022.

Improving Broadband Data and Maps: The draft Second Report and Order and Third FNPRM would adopt specific measures and requirements to develop the new broadband maps implemented by the Digital Opportunity Data Collection and the Broadband DATA Act. Although the FCC lacks funding to implement the new maps at this time, these actions would meet the requirement to complete the broadband mapping rulemaking within the set deadline and to develop the service availability maps as soon as feasible. The draft action would adopt a number of requirements for fixed and mobile broadband providers, including specific coverage reporting and disclosure requirements and standards for data use and verification. It would also establish a Broadband Serviceable Location Fabric (“Fabric”), creating a nationwide dataset containing geocoded locations for all areas where broadband connections can be installed, as well as a Broadband Map, showing served and unserved areas for both fixed and mobile coverage. The FNPRM would seek comment on other actions that may be necessary to implement other provisions of the Broadband DATA Act, specifically on which providers are subject to the data collection, data reporting standards for fixed and mobile service, a challenge process for map accuracy, and on processes for implementing the Fabric.

With these new requirements, the FCC continues its trend of expanding the availability of emergency services calling to newer technologies. As these new forms of communication become more mainstream – and as they grow as replacements for, rather than complements to, traditional telecommunications services – the FCC has been inclined to make emergency services a “must have” feature of the service. Providers of new communications technologies should carefully review their service offerings to determine how to handle customer attempts to reach emergency services.

Direct 911 Dialing

Kari’s Law is a requirement that multi-line telephone systems provide direct access to 911 dialing, without requiring the dialing of a prefix (such as 9). The law takes its name from an assault and murder of a woman by her estranged husband in 2013. While the woman was being assaulted, her 9-year-old daughter repeatedly tried to dial 911 on the motel room phone, but was unable to reach emergency services because the girl did not know that the motel’s phone system first required the dialing of a “9” to reach an outside line. Kari’s Law attempts to solve this situation by requiring all multi-line telephone systems to allow dialing of 911 without dialing of a prefix before dialing the number.

In the Order, the FCC adopted a rule that restates the Kari’s Law requirement for MLTS system manufacturers and installers to ensure that direct 911 dialing capability is available for systems installed on or after February 16, 2020. Equipment manufacturers, importers or lessors must ensure that their systems are pre-configured so that when properly installed, the systems will be able to dial 911 directly, without dialing an additional digit, code, prefix, etc. Similarly, a person in the business of installing, managing, or operating an MLTS system must configure that system to allow the user to dial 911 without dialing an additional digit, code, prefix, etc.

In addition, Kari’s Law and the Order also requires an installed MLTS system to be configured to provide notification of a 911 call to a central location (or person) at the facility where it the MLTS device is housed, if that configuration is possible without software or hardware change. “MLTS Notification” is defined as a feature “that can send notice to a central location at the facility where the system is installed or to another person or organization regardless of location.” Examples of such a notification can include screen pops with an alarm noise on security desk computers using a client application, text messages, and an email for an administrator. The notification should include (1) the fact that a 911 call has been made, (2) a valid callback number (does not have to be a direct inward dial to the caller’s phone), and (3) the same location information that is conveyed with the call to 911, to the extent technically feasible. The initiation of the notification must be contemporaneous with the call to 911.

Dispatchable Location

In response to Section 506 of the RAY BAUM’S Act, the Order expands the requirement to transmit “dispatchable location” on 911 calls to multi-line systems. Dispatchable location generally means enhanced information about the location of a caller within a building, such as a room number, floor number, or similar information necessary to adequately identify the location of the calling party. The Order adopts requirements to transmit dispatchable location for both MLTS services and interconnected VoIP services.

• MLTS calls. The FCC acknowledged some parties’ concern that the feasibility of providing location information varied within MLTS depending on the type of device and functionality. As a result, the Order imposes different obligations depending upon the type of MLTS call involved.
  • Fixed MLTS – Providing dispatchable location information for 911 calls is readily achievable and thus, fixed providers should provide automatically provide at least a street address (must be validated). This requirement will be effective one year after the effective date of the Order.
  • Non-Fixed MLTS Devices Used On-Premise – These MLTS devices should be able to provide the automated dispatchable location when technically feasible but otherwise providers, may rely on the user to provide or confirm the information manually. Non-fixed, on premise providers also have the option to provide alternative location information (may include coordinate-based information), which should be sufficient to identify a caller’s civic address and approximate in-building location. This requirement will become effective two years after the effective date of the Order.
  • Non-Fixed MLTS Device Used Off-Premise – When a user is off premises during a 911 call, the MLTS operator or manager must provide (1) dispatchable location, if technically feasible, or, otherwise, either (2) manually-updated dispatchable location, or (3) enhanced location information, which may be coordinate-based, consisting of the best available location that can be obtained from any available technology or combination of technologies at reasonable cost. This requirement will become effective two years after the effective date of the Order.

• Interconnected VoIP – Similar to MLTS, the FCC recognized in the Order that there might be differences in the feasibility of providing dispatchable location information for fixed vs. non-fixed iVoIP services.
  • Fixed iVoIP – Fixed iVoIP providers will be required to automatically transmit to the PSAP a dispatchable location with a 911 call, but the Commission clarified that the location may be determined by the means of the registered location that customers supply to their provider. This requirement will be effective one year after the effective date of the Order.
  • Nomadic/Non-Fixed iVoIP – Non-fixed providers must automatically provide dispatchable location when technically feasible, but may also rely on the registered location and require the customer to update manually if the calling location is changed or different than the registered location. Non-fixed providers also have the option to rely on alternative location information and as a last resort, the provider may route a 911 call to a national emergency call center for the operator to ask the caller about his or her location. This requirement will become effective two years after the effective date of the Order.
  • Outbound-only VoIP – For the first time, the FCC imposed a 911 dialing requirement on services that only interconnect with the PSTN for outbound calls. (Prior to the Order, only two-way VoIP services had 911 obligations). The FCC also amends the definition of interconnected VoiP in the rules (as it relates to 911 purposes) to include outbound iVoIP. Outbound iVoIP providers must notify subscribers of e911 service limitations and comply with the same location requirements as nomadic/non-fixed providers. This requirement will become effective two years after the effective date of the Order.

• TRS – Fixed internet-based TRS providers are required to provide automated, validated dispatchable location for each call. This requirement will be effective one year after the effective date of the Order. Non-fixed internet-based TRS providers, however, will only have to comply with the same (more flexible) requirements as a non-fixed iVoIP provider and have the same two-year implementation period.

• Mobile Text – Text providers already subject to the 911 rules are required to provide (1) dispatchable location, if technically feasible, or, otherwise, either (2) end-user manual provision of dispatchable location, or (3) enhanced location information. This requirement becomes effective within two years after the effective date of the Order.

Once these rules take effect, the FCC closes a significant gap in its prior rules – calls which originate outside the United States – at the same time that it acts preemptively to prohibit deceptive spoofing in a growing area – text messaging. In the process, the FCC will enhance one of its most commonly used tools in its effort to combat unlawful robocalls – fines for unlawful spoofing. Generally, the FCC has attacked parties that originate unlawful robocalls by fining them for the subsidiary violation of spoofing the unlawful calls. In telecommunications enforcement, spoofing violations are the tax evasion charges to Al Capone’s criminal enterprise.

Expansion of the Spoofing Prohibition

The first change adopted in the August 1 Report and Order was to expand the rules to cover communications originating outside the United States directed at recipients within the United States. The existing rules only applied to persons and entities within the U.S. The new rule states:

“No person in the United States, nor any person outside the United States if the recipient is in the United States, shall, with the intent to defraud, cause harm, or wrongfully obtain anything of value, knowingly cause, directly, or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information in connection with any voice service or text messaging service.”

The second change, also incorporated in the rule above, applies the rule’s prohibition beyond voice communications to include text messages. The definition of text messages includes text, images, sounds, or other information transmitted to or from a device, specifically covering short message service ("SMS") and multimedia message service ("MMS") messages. Also covered by the rules are messages sent to or from Common Short Codes (Short Codes), which are the 5- or 6-digit codes commonly used by enterprises to communicate with consumers at high volume.

Not included in the definition is real-time, two-way voice or video communications and messages over IP-enabled messaging services so long as the communication is to another user of the same messaging service. Thus, the rules do not reach messages sent via common OTT applications such as iMessage, Google Hangouts, Whatsapp, and direct message features in Snapchat and Twitter. Rich Communications Services ("RCS") messages, which allow advanced messaging features, are also excluded. The Commission determined that Congress intended for RCS messages to fit under the statutory exclusion for “IP-enabled communications.”

The Commission also clarified its definition of “voice service” to ensure the rules cover the broader “telecommunications service,” as well as interconnected VoIP.

Implementing the RAY BAUM’S Act

The rule changes were required by amendments to the Communications Act, made by the RAY BAUM’S Act of 2018, which strengthened the FCC’s authority over spoofed calls established in the Truth in Caller ID Act of 2009. The 2009 legislation prohibited the use of misleading and inaccurate caller ID information for harmful purposes, but in a 2011 report, the FCC recommended that Congress update the rules to give the Commission authority to prohibit calls outside of the U.S. and make explicit that the Act covers text messages. The order also cited a May 2019 filing by 42 state attorneys general urging the Commission to adopt the rules.

While all voting commissioners supported the order, Commissioner Mike O’Rielly expressed some reservations prior to the vote. In particular, he said he thought the extraterritorial jurisdiction would be difficult to execute and would have preferred narrower statutory language, but did not believe it was his role to “challenge the wisdom” of the legislature. He also said the definitions of text and voice services were broader than he wanted, which he thought might cause future unintended consequences.

The new rules will go into effect on February 6, 2020, or 30 days after Federal Register publication, whichever is later.

The FCC, following National Telecommunications and Information Administration (“NTIA”) recommendations, established a little less than a year ago coordination zones for non-Federal licensees to protect fourteen existing Department of Defense (“DoD”) sites where fixed and/or mobile operations are present and three active Federal scientific services sites which will enjoy co-primary status in the Upper 37 GHz Band. (In response to an NTIA request, the R&O also added a small coordination zone around a new location, the Edwards Air Force Base in China Lake, California, and the FCC consolidated four of the existing coordination zones that were overlapping into one single area under the China Lake site.)

The R&O noted that the new rules would supplement that effort and facilitate the ability of Federal agencies to add future sites on a coordinated basis. While the 37.0-37.6 band (the “Lower 37 GHz Band”) has long been targeted for coordinated co-equal, or co-primary, sharing between Federal and non-Federal users as part of the Spectrum Frontiers proceeding (although certain details are still being worked out), DoD has more recently informed the FCC that the capacity available in the Lower 37 GHz Band would not be sufficient in all locations and that it requires the flexibility to deploy additional sites in the Upper 37 GHz Band. That spectrum will be a part of the auction that also includes the 39 GHz and 47 GHz Bands (specifically 38.6-40.0 and 47.2-48.2 GHz). The FCC’s motive for adopting rules to facilitate DoD growth and sharing is to minimize possible uncertainty that potential bidders may have about the coordination rules for the Upper 37 GHz Band.

The DoD spectrum leaders have for some time been pushing for reverse sharing, whereby the military services could get access to spectrum within frequencies used predominantly by the commercial mobile industry. This new framework—much of it contained in a letter to the FCC from NTIA—is a measured step in that direction, but not likely the complete fulfillment of DoD’s vision in this regard. In the R&O, following a Third Further Notice of Proposed Rulemaking in the Spectrum Frontiers matter issued in June 2018, the FCC adopts a process in conjunction with the NTIA to allow the DoD to deploy to add sites in the Upper 37 GHz Band in select circumstances and modifies some of the arrangements related to the existing coordination zones. In addition, new procedural arrangements reflected in the rules allow DoD to provide its request for access to the Upper 37 GHz Band to the FCC for specific additional military bases and ranges for the limited purpose of defense applications or national security.

Such requests will be considered under a new coordination process that would only allow DoD access to the Upper 37 GHz Band when the proposed military operation could not be accommodated with the Lower 37 GHz Band spectrum. DoD will need to provide information to justify the necessity of its request for access to the Upper 37 GHz Band. Under the new process, FCC staff would review any request for the potential impact on non-Federal licensees and determine whether the request can to be accommodated without creating a risk of harmful interference to current or planned non-Federal deployments. Respecting the non-jurisdiction of the FCC over the DoD, the FCC will determine whether the request for access can be accommodated without creating a significant risk of harmful interference to current or planned deployments by non-Federal licensees. The NTIA, given its authority over Federal use of spectrum, would provide the applicable military departments with any new or revised frequency assignments once they are successfully coordinated with the FCC.

The approach adopted in the R&O differs from the original fourteen military sites mentioned above because it would involve DoD coordinating its use with non-Federal licensees rather than the other way around. This may be small victory for the DoD to gain access to non-Federal spectrum (outside of secondary market transactions, which present another option for access) that will, in all likelihood, go to members of the commercial mobile industry. While the Commission relates its expectation that such requests by DoD will be “relatively rare,” it may be a small sign of something that may be seen more frequently. The Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018, or the RAY BAUM’S Act of 2018, requires the Commission and NTIA to complete a bidirectional sharing study to determine the best means of providing Federal entities flexible access to non-Federal spectrum on a shared basis across a broad range of timeframes, including for intermittent purposes like emergency use.

In addition, the R&O amends existing rules in the 50 GHz Band to enable FSS operations with a limit of no more than three earth stations in any county and no more than fifteen in any Partial Economic Area (“PEA”). A notable number of FSS non-geostationary orbit (“NGSO”) satellite operators seeks access to this band, among others, as part of their applications with the FCC. The deployments would be subject to certain technical rules, including population coverage areas related to their -77.6 dBm/m2/MHz PFD contours, and certain geographic restrictions, designed to prevent the earth stations from being deployed in more urban environments where UMFUS deployments are considered more likely. These limits parallel geographic-quantitative limits the FCC has established in other high frequency bands, such as the recently auctioned 34 GHz Band (24.25-24.45 and 24.75-25.25 GHz) and the 39 GHz Band. The FCC acknowledges that part of this band and an adjacent band (51.4-52.6 GHz) are still under consideration in the FCC’s Spectrum Frontiers proceeding for possible UMFUS licensing. However, the FCC concluded that the question of FSS operations’ freedom to deploy earth stations in the band could be resolved now because “a limited number of individually licensed FSS earth stations can share the 50.4-51.4 GHz band with minimal impact on terrestrial operations in this band,” extending the conclusions it reached in those lower bands.

You will find more details on the significant January meeting items after the break:

Expanding Anti-Spoofing Enforcement: The draft Notice of Proposed Rulemaking would seek comment on adopting anti-spoofing reforms mandated by the RAY BAUM’s Act passed last year. Specifically, the FCC plans to extend its authority to punish anti-spoofing violations for communications originating from foreign points to recipients within the United States. The FCC would argue that its existing authority, which is limited to communications initiated within the country, has hampered enforcement efforts against foreign operations that generate consumer complaints. The FCC also would seek comment on amending its anti-spoofing rules to cover some of the most widely-used forms of text messaging as well as all voice services that connect to the public switched telephone network. The FCC’s proposal would maintain the exemption for IP-enabled messaging services, such as the popular iMessage, Google Hangouts, WhatsApp, and Skype, which do not rely on the traditional telephone network. Finally, the FCC would ask what other changes it should adopt to better prevent the transmission of inaccurate or misleading caller ID information.

IP CTS User Registration and 911 Calling: The draft Report and Order, Further Notice of Proposed Rulemaking, and Order would require IP CTS providers to submit user data to the FCC’s database currently used to register users of the similar Video Relay Service. The draft argues such action is necessary to reduce waste, fraud, and abuse in the program, which has seen exponential growth in spending. Over a six-month period, all IP CTS providers (there currently are five) would be required to collect and submit user information like name, address, unique IP CTS equipment identifier, last four digits of social security number, and other data. The database would conduct an identity verification check and IP CTS providers would only be able to seek compensation for providing service to verified users. The FCC also would seek comment on streamlining the transmission of 911 calls made through IP CTS by reducing the information collection requirements currently imposed on service providers. Instead of having to provide detailed caller information to the relevant public safety answering point, service providers would instead connect the 911 call, provide a callback number for the user, and ensure the user receives captions on any callback. The FCC plans to waive the caller detail requirements for IP CTS service providers while it considers the proposed rule changes.

CAF Phase-Down and Transition: The draft Report and Order would establish a schedule to end CAF Phase I support for price cap carriers and competitive carriers that provided service to fixed locations under the old “identical support rule,” transitioning such support to the winners of the CAF Phase II auction that concluded in August 2018. Phase I support currently received by price cap carriers would be eliminated beginning on the first day of the month following another provider’s authorization to receive Phase II support in an area. If the existing price cap carrier was the winning bidder in the Phase II auction, its support would be converted to Phase II support once the FCC’s Wireline Competition Bureau authorizes support distribution for the area. Meanwhile, Phase I support currently received by the competitive carriers would be phased down over the course of two years. For the first 12 months following the authorization of a new CAF Phase II service provider for the area, the carrier would receive two-thirds of its current support. The following 12 months, the carrier would receive one-third of its current support. The support then would terminate. The FCC would continue to provide Phase I support to existing service providers in areas that did not receive any winning bids in the CAF Phase II auction. The FCC would offer legacy support recipients the option to decline further support, freeing them from many (but not all) of their existing high-cost service obligations.

Note that the FCC may revise its meeting agenda to add or remove items – or reschedule the meeting entirely – depending on how long the shutdown lasts. The shutdown prevents stakeholders from meeting with FCC staff about the proposed items and, while the FCC’s comment system remains open to accept new filings, the dockets will not be updated until after the agency resumes normal operations.

Text Messaging Classification: The draft Declaratory Ruling would classify the two most popular forms of text messaging – Short Message Service (“SMS”) and Multimedia Messaging Service (“MMS”) – as information services subject to light-touch regulation, and not commercial mobile services required to comply with legacy common carrier rules. In doing so, the FCC would note that text messaging services possess the capacity to store and retrieve information normally found in information services, such as email. FCC rules significantly curtail the ability of common carriers to block the transmission of communications. The FCC is concerned that applying the common carrier classification to text messaging would prevent service providers from utilizing anti-spoofing, anti-spam, and anti-robotext technologies. By officially declaring text messaging an information service, the FCC is hoping to spur further adoption of these blocking technologies and keep text-massaging relatively spam-free.

Reassigned Numbers Database: The draft Report and Order would establish procedures to create a single database that will enable robocallers and others to verify whether a particular number has been permanently disconnected, meaning the number may have been reassigned to a new consumer. With limited exceptions, federal law prohibits robocalls to wireline and wireless phones without the called party’s prior consent. As a result, a business could be subject to liability for making a call to what it thought was a consenting customer when the number actually was reassigned to a new consumer that never provided consent to receive such traffic. The FCC expects the database to reduce these incidents after its implementation, which could occur as early as next year. But just as important as what the draft item would do is what it would not do. The FCC would not establish a safe harbor for callers that rely on the database but still reach a number assigned to a non-consenting consumer. In fact, the FCC explicitly would decline to address outstanding issues regarding the definition of an automatic telephone dialing system and potential liability for calls to reassigned numbers stemming from the D.C. Circuit’s ACA International v. FCC decision earlier this year, stating that it will take up these issues in a separate proceeding.

Spectrum Frontiers Auctions: The draft Report and Order would adopt rule changes to facilitate a consolidated auction of high-frequency spectrum in the Upper 37 GHz Band (37.6-38.6 GHz), 39 GHz Band (38.6-40.0 GHz), and 47 GHz Band (47.2-48.2 GHz). The draft item would modify the band plans for these frequencies to move from 200 megahertz channels to 100 megahertz channels to facilitate incumbent repacking, ensure consistency with international allocations, encourage equipment standardization across spectrum bands, and promote secondary market transactions. The new licenses would be auctioned on a Partial Economic Area (“PEA”) basis. The draft item also would lay the groundwork for the FCC’s second incentive auction. The 39 GHz Band is home to incumbents holding licenses in non-contiguous spectrum blocks that overlap multiple PEAs. In order to resolve these encumbrances, incumbents would be afforded the options of either modifying their licenses or relinquishing their licenses in exchange for “vouchers” of “equivalent value” to use in bidding for new licenses at the auction or cash incentive payments. The FCC expects to complete the auction by the end of 2019.

Rural Broadband Funding: The draft Report and Order, Notice of Proposed Rulemaking, and Order on Reconsideration would offer additional funding to certain carriers, predominately located in rural areas, that currently receive so-called “model” (versus legacy rate-of-return) support under the Connect America Fund. In exchange for additional funding of up to $200 per location, the carrier would need to expand the availability of broadband service meeting the FCC’s current high-speed benchmark of 25 Mbps download/3 Mbps upload in current service locations and provide broadband service of at least 10 Mbps download/1 Mbps upload speeds in new service locations. The item would provide opportunities for legacy rate-of-return carriers to receive additional funding and transition to model-based support if they can meet the high-speed benchmark. The item also would seek comment on whether the FCC should award support in areas “overlapped” by unsubsidized competition through an auction. The FCC would ask how it should determine whether an area is sufficiently overlapped, the appropriate size of the areas to be auctioned, and the auction bid weighting methodology. Finally, the draft item would deny reconsideration of the FCC’s decision earlier this year to increase model-based support.

Communications Marketplace Report: The draft Report would provide an overview of competition in mobile wireless, fixed broadband, audio, video, and satellite communications markets. The Report would assess the state of communications deployment and barriers to market entry. It also would compile a list of geographic areas not served by any provider of advance telecommunications. The FCC is required to issue the Report this month under the RAY BAUM’S Act passed earlier this year. The Report consolidates and replaces a number of separate reports covering different areas of the communications industry, such as the annual mobile wireless competition report required by Section 332 of the Communications Act and the report on cable industry prices required by Section 623 of the Communications Act. However, the broadband deployment report required by Section 706 of the Communications Act would remain separate, along with other FCC reports not covered by the RAY BAUM’S ACT. The next Report is due by the end of 2020.

Kari’s Law

Kari’s Law was signed into law on February 16, 2018 and is intended to make it easier for individuals to dial 911 from multi-line telephone systems (“MLTS”), which are commonly found in office buildings, hotels and campuses. The law was named for Kari Hunt, whose daughter tried to call 911 from a hotel room while Kari was being attacked, but did not get through because she was required first to dial “9” to access an outside line before entering 911.

To implement Kari’s Law, the NPRM proposes the following:

1. Prohibiting individuals and entities from manufacturing, importing, selling, leasing, installing, managing, or operating MLTS unless they are configured such that a user can dial 911 from the MLTS directly without having to dial any additional digits or prefixes;
2. Requiring MLTS to automatically transmit a notification to a front desk, security office, or other location within the organization where the MLTS is installed whenever a 911 call is made.
3. Interpreting MLTS to include “the full range of networked communications systems that serve enterprises, including circuit-switched and IP-based enterprise systems, as well as cloud-based IP technology and over-the-top applications.”
4. As a result, the proposed rules would impact not only traditional wireline systems installed in large buildings and campuses, but also newer, IP-based communications solutions.

RAY BAUM’s Act requires the FCC to consider adopting rules to ensure that the ‘dispatchable location’ of a calling party is conveyed with a 911 call, regardless of the technological platform used. In response to this directive, the NPRM asks whether rule changes are necessary to ensure that communications service providers (including fixed telephony, mobile carriers, and interconnected VoIP providers) are conveying sufficient information, such as the calling party’s street address as well as room number, floor number, or similar data necessary to help first responders reach the calling party quickly. It further asks whether the FCC should adopt 911 obligations for “any other communications services that are not covered by existing 911 rules but provide the capability for users to make a 911 call.”

Consolidating the FCC’s 911 Rules

Finally, the FCC proposes to depart from its “service-by-service approach to establishing 911 obligations” and instead consolidate its 911 rules under a single part of the FCC’s regulations. The FCC suggests that consolidation will simplify and streamline the rules and help minimize the compliance burden for smaller entities.

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Initial comments on the proposals in the NPRM will likely be due in mid- to late-November, depending on when the item is published in the Federal Register, and reply comments will be due one month after that.