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

I. Featured March Deadlines
II. Select Other February and March Deadlines
III. Select Ongoing Filing Requirements

Following are reminders for upcoming Federal Communications Commission (FCC) reports and compliance requirements due in March

Customer Proprietary Network Information (CPNI) Annual Compliance Certification (due March 1, 2023)

In accordance with section 64.2009(e) of the FCC’s rules, telecommunications carriers and interconnected VoIP service providers must file annually a certificate of compliance with the CPNI rules. The next certification is due March 1, 2023 and may be filed either through ECFS (in EB Docket No. 06-36) or through the FCC’s web-based application, located at https://​apps​.fcc​.gov/​e​b​/​CPNI/.

The upcoming certification covers calendar year 2022 and must:

  1. Be signed by a company officer who certifies to his/her personal knowledge that the company has adequate procedures to ensure compliance with the CPNI rules;
  2. Explain how the operating procedures ensure the company is, or is not, in compliance with the rules;
  3. Explain any actions taken against data brokers or provide a statement that the carrier has not taken any such action; and
  4. Summarize all customer complaints received in the past year concerning the unauthorized release of CPNI.

The Modernized Form 477 (Broadband Data Collection) Report (due March 1, 2023)

The successor to the Form 477 Local Competition and Broadband Report, containing data as of December 31, 2022, is due by March 1, 2023. 2020 Census geography codes must be used when creating and filing your data. To ease revisions, filings of data as of June 30, 2021, and before, will continue to rely on 2010 Census codes.

The report requires the submission of information regarding broadband connections in service to end user locations, wired and wireless local telephone services, and interconnected VoIP services in all states and territories as well as Washington, D.C.

Who Must File:

(1) Facilities-based providers of one or more broadband (i.e., faster than 200 kbps, in at least one direction) connections (including wired facilities-based lines and wireless channels where the provider holds the license) to end users;

(2) Incumbent local exchange carriers (“ILECs”) or competitive local exchange carriers (“CLECs”) that provide wired or fixed wireless local exchange service to one or more end user customers;

(3) interconnected VoIP service providers with one or more revenue-generating end user customer of interconnected VoIP service; and

(4) facilities-based providers of mobile telephony services that serve one or more mobile telephony subscribers.

Filing Process:

For data as of December 31, 2022, the Form 477 Report must now be submitted electronically using the Broadband Data Collection (BDC) System. (The prior Form 477 Filing Interface will remain open for revisions for data as of June 30, 2022 and earlier.) Filers will need to use their Federal Registration Number (“FRN”) and associated password to access this new BDC system. The Form 477 submission must include in the Filer Identification information the name of the company official that certifies he/she examined the information contained in this Form 477 and that, to the best of his/her knowledge, information and belief, all statements of fact contained in this Form 477 are true and correct.

Note that with the change from use of the Form 477 interface to the BDC system, the FCC issued a new instruction guide and posted an updated Form 477 Resources page for submission of this report.

II. Select Other February and March Deadlines:

  • On November 17, 2022, 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 are due by February 16, 2023. Reply comments are due no later than March 16, 2023.
  • On December 21, 2022, the FCC adopted a Notice of Proposed Rulemaking directed towards prevention and elimination of digital discrimination of access to broadband (FCC 22-98). Comments are due by February 21, 2023. Reply comments are due by March 21, 2023.
  • On January 6, 2023, the FCC released a Notice of Proposed Rulemaking regarding data breach reporting requirements. (FCC 22-102) The deadline for comments is set for February 22, 2023. Reply comments are due no later than March 24, 2023.
  • On November 23, 2022, the FCC released a Further Notice of Proposed Rulemaking seeking comment regarding the Affordable Connectivity Program Transparency Data Collection rules and concerning the collection of additional information. (FCC 22-87) Comments were accepted through February 13, 2023. Reply Comments are due by February 27, 2023.

Note that the foregoing is not intended to be a comprehensive listing of filing deadlines at the Commission this coming month – feel free to contact us with any inquiries about the timing or applicability to your company of any filings.

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.