Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients. Please review the deadlines below and contact us if you have any questions.

I. Featured Upcoming Compliance Deadlines
II. Filing Deadlines in Select Rulemakings, Inquiries & Other Proceedings
III. Select Ongoing Filing Requirements

The following are reminders for upcoming Federal Communications Commission (FCC) reports and compliance requirements due in March and on the first business day in April.

Supply Chain Annual Reporting (due March 31, 2023)
Pursuant to Section 5 of the Secure and Trusted Communications Networks Act of 2019 and §1.50007 of the Commission’s rules, providers of advanced communications service are required to submit their annual Supply Chain Annual Report (unless exempted as described below). In this submission, due by March 31, 2023, for information as of December 31, 2022, providers must report and certify whether they have purchased, rented, leased, or otherwise obtained any covered communications equipment or service on the list of covered communications equipment and services (the Covered List”) on or after August 14, 2018. Providers with such covered communications equipment or service must submit information annually including the type, location, date purchased, rented, leased or otherwise obtained, and any removal and replacement plans.” (47 C.F.R. § 1.50007). Filings are required from:

  • Providers that reported and certified such covered communications equipment and/or services in 2022; and
  • Providers reporting the presence of newly obtained covered equipment or services (since their last report).

Providers that do not have any covered communications equipment or services are only required to submit an initial report and certification. Therefore, a provider that made such a certification in 2022 and that still has no covered communications equipment or services (as currently included in the Covered List) is not required to make a filing this year.

Providers are reminded that the Covered List is subject to change. Should the Commission subsequently add equipment and/or services to the Covered List (as it did in March 2022 and September 2022), providers with such equipment or services must report on these within 60 days of the change to the Covered List.

Instructions for the submissions, access to the filing portal, and more extensive materials regarding the Supply Chain Annual Reporting requirement are located at https://​www​.fcc​.gov/​s​u​p​p​l​y​chain.
Form 499-A Annual Telecommunications Reporting Worksheet (due April 3, 2023)

All intrastate, interstate, and international providers of telecommunications within the United States, including, but not limited to, VoIP providers, telecommunications providers that provide services on a non-common carrier basis, and payphone providers that are aggregators are required to file FCC Form 499-A with the Universal Service Administrative Company (“USAC”) each year with limited exceptions. Non-interconnected VoIP providers with interstate end-user revenues subject to Telecommunications Relay Service (“TRS”) contributions must file the Form 499-A to report the revenues.
The Form 499-A is used to determine a company’s required contribution to the Universal Service Fund (“USF”), as well as to the Local Number Portability Administration (“LNPA”), North American Numbering Plan Administration (“NANPA”) and TRS funds, and is the basis for a carrier’s annual FCC regulatory fee (i.e., the Interstate Telecommunications Service Provider (“ITSP”) Fee. For new providers, the Form 499-A also serves as a carrier’s FCC registration.
The Form 499-A worksheet, reporting CY 2022 revenues, must be filed by Monday, April 3, 2023. Filers are required to submit the Form 499-A electronically through USAC’s E-File system.
Any revisions to a filer’s 2022 Form 499-A (reporting CY 2021 revenues) which effect a reduction in the filer’s USF obligations are also due by Friday, March 31, 2023. (See page 15 of 2023 Form 499-A Instructions.) There is no deadline for Form 499-A revisions that result in an increased obligation. Additional guidance, including recent updates to Form 499-A, can be found here.
Accessibility Recordkeeping Compliance and Contact Information Reporting Requirement (due April 3, 2023)

Telecommunications service providers, providers of advanced communications services (“ACS”) like electronic messaging, in-app voice calls and video conferencing, interconnected VoIP providers (collectively, service providers”) and equipment manufacturers, subject to sections 255, 716 and 718 of the Communications Act (as amended by the Twenty-First Century Communications and Video Accessibility Act (“CVAA”)), are required to comply, subject to certain exceptions, with recordkeeping requirements to demonstrate that services and equipment are accessible by individuals with disabilities.
Service providers, providers of ACS, and equipment manufacturers must submit an annual certification that records are being kept in accordance with the rules. The certification must state that the service provider or manufacturer has established operating procedures to ensure compliance with the recordkeeping requirements and that records are being kept accordingly. An authorized officer with personal knowledge of the representations in the certification, must submit an affidavit or declaration, executed under penalty of perjury, verifying the truth and accuracy of the certification. The certification also must include contact information for the person(s) responsible for resolving consumer complaints and the agent designated for service of formal and informal complaints.
The certification must be submitted by Monday, April 3, 2023 utilizing the Federal Communications Commission’s online filing system which can be found at https://​apps​.fcc​.gov/​r​c​c​c​i​-​r​e​g​i​stry/. Additional guidance for filers is available here.

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

  • On November 17, 2022, in CG Docket No. 22-2, the FCC released a Further Notice of Proposed Rulemaking seeking comment on ways to improve upon the recently-adopted broadband consumer label. (FCC 22-86). Comments were filed by February 16, 2023. Reply comments are due no later than March 16, 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. Reply comments are due by March 21, 2023.
  • On January 6, 2023, in WC Docket No. 22-21, the FCC released a Notice of Proposed Rulemaking regarding data breach reporting requirements. (FCC 22-102). Comments were filed by February 22, 2023. Reply comments are due no later than March 24, 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 are due by March 9, 2023. Reply comments are due by April 10, 2023.

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/​s​e​r​v​i​c​e​-​p​r​o​v​i​d​e​r​s​/​c​o​n​t​r​i​b​u​t​i​n​g​-​t​o​-​t​h​e​-​u​s​f​/​m​a​k​i​n​g​-​r​e​v​i​s​ions/
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/​c​o​r​e​s​/​u​s​e​r​L​o​g​in.do
USAC: www​.usac​.org/​s​e​r​v​i​c​e​-​p​r​o​v​i​d​e​r​s​/​c​o​n​t​r​i​b​u​t​i​n​g​-​t​o​-​t​h​e​-​u​s​f​/​m​a​n​a​g​e​-​y​o​u​r​-​4​99-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.
Attorneys in Kelley Drye’s Communications Practice Group are experienced in addressing universal service filing and carrier contribution issues and are available to assist clients with determining how to report their revenues for universal service purposes. For more information, please contact your current Kelley Drye attorney or any member of the Communications Practice Group.