Tag Archives: Federal Communications Commission

FCC FILING DEADLINE FOR FORM 477 DATA IS NOW SEPTEMBER 1, 2017

FCCRulingThe Federal Communications Commission (FCC) FCC’s Form 477 filing interface, available online at https://apps2.fcc.gov/form477/login.xhtml, is now accepting data as of June 30, 2017.  The filing deadline for Form 477 data as of June 30, 2017 is September 1, 2017.

Information on how to file Form 477 is available on the FCC’s Form 477 Resources for Filers webpage at www.fcc.gov/form477.

Need more information or help filing Form 477?  Contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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FCC Form 477 Report Every Six Months or Face Penalties -Except this March 1 – Filing Deadline Extended

FCC Form 477 must be filed by March 1 (reporting data collected as of December 31 of the previous year) except the March 1, 2017 filing deadline has been extended until further notice due to web site technical problems. Need more information or help filing Form 477? Contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

Prince Law Offices, P.C.

 
The Federal Communications Commission (FCC) Wireline Competition Bureau (Bureau) extended the March 1, 2017 filing deadline for the submission of Form 477 data as of December 31, 2016 in a February 27, 2017 Release DA 17-194.  The FCCRulingBureau will announce the new filing deadline by Public Notice once technical difficulties in the filing interface are resolved.

On February 22, 2017, the Form 477 filing interface experienced significant and unanticipated technical issues that have required the site to be inaccessible.  The Bureau is working to resolve these technical difficulties as quickly as possible.  In light of these technical issues, The Bureau has extended the deadline for the submission of Form 477 data as of December 31, 2016 beyond the original March 1, 2017 deadline.   Once the site reopens, the Bureau will release a Public Notice announcing that the system is accessible for filers and establishing the new filing deadline.

Additional information on the Form 477 data collection can be found at http://www.fcc.gov/form477. See my earlier blog post regarding FCC Form 477 for more specific Form 477 information.

October 7, 2015, the Federal Communications Commission (FCC or Commission) Enforcement Bureau reminded providers of voice and broadband Internet services of their continued duty to file timely, complete, and accurate FCC Form 477 reports.[1]  This Advisory is intended to highlight the Form 477 submission requirements and the importance of telephone and broadband subscription and deployment data to the Commission’s ongoing mission of increasing Internet availability.

The data reported on Form 477 is used by the Commission to assess and promote nationwide broadband deployment, to appropriately target universal service funds, to ensure access to emergency communications in disaster scenarios, and to help meet other public service goals.[2]  In rural and underserved areas, data from providers is especially helpful to the Commission’s ability to assess local competition and broadband availability.

Entities Required to File Form 477.[3]  The following entities are required to file Form 477 reports:

  • Common carriers and…

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NEW FCC RULES WILL BENEFIT CONSUMERS

 

On March 2, 2016, the Wireless Internet Service Providers Association (WISPA) wispa-logoapplauded the Federal Communications Commission (FCC) for adopting rules that will enable Wireless Internet Service Providers (WISPs) to continue to use 5 GHz unlicensed spectrum to connect rural Americans with long-distance links.

The FCC order relaxes out-of-band emission rules that were adopted in 2014 and affords manufacturers a transition period to meet the new requirements.FCCRuling

The FCC acted on petitions for reconsideration and worked closely with a WISPA-led industry coalition to achieve a positive result.

“We are grateful for the FCC’s order and the cooperative effort that led to this result,” said Alex Phillips, president of WISPA.  “It has been a long process to get the rules right.  The FCC’s adoption of the new technical requirements proposed by industry will enable rural Americans to receive broadband access over fixed wireless networks where other options are not available.”

 

Prince Law Offices, P.C. congratulates WISPA and the FCC on this practical solution.

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FCC Shares Jurisdiction with States for Phone Matter

The members of the Pennsylvania Public Utility Commission (PPUC) and Third Circuit_LS_option1_0Core Communications, Inc., appealed a District Court’s grant of summary judgment in favor of AT&T Corp.  Core billed AT&T for terminating phone calls from AT&T’s customers to Core’s Internet Service Provider (ISP) customers from 2004 to 2009.  When AT&T refused to pay, Core filed a complaint with the PPUC, which ruled in Core’s favor.  AT&T then filed suit in federal court seeking an injunction on the ground that the PPUC lacked jurisdiction over ISP-bound traffic because such traffic is the exclusive province of the Federal Communications Commission (FCC).

After review of the matter, the Third Circuit found that the FCC’s jurisdiction over local ISP-bound traffic was not exclusive and the PPUC orders did not conflict with federal law.  The Court found that because some of the calls were intrastate as well as interstate, the jurisdiction was mixed between the FCC and the PPUC.

As such, the Court vacated the District Court’s order and remanded this case for entry of judgment in favor of Core and the members of the PPUC.

AT&T Corp v. Core Communications Inc., No. 14-1499 (3d Cir. 2015). Opinion filed November 25, 2015.

If you or your business have questions regarding telecommunications law, communications law, computer law, or public utility law, contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

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FCC Enforcement Advisory – Form 477 Report Every Six Months or Face Penalties

October 7, 2015, the Federal Communications Commission (FCC or Commission) Enforcement Bureau reminded providers of voice and broadband Internet services of their continued duty to file timely, complete, and accurate FCC Form 477 reports.[1]  This Advisory is intended to highlight the Form 477 submission requirements and the importance of telephone and broadband subscription and deployment data to the Commission’s ongoing mission of increasing Internet availability.

The data reported on Form 477 is used by the Commission to assess and promote nationwide broadband deployment, to appropriately target universal service funds, to ensure access to emergency communications in disaster scenarios, and to help meet other public service goals.[2]  In rural and underserved areas, data from providers is especially helpful to the Commission’s ability to assess local competition and broadband availability.

Entities Required to File Form 477.[3]  The following entities are required to file Form 477 reports:

  • Common carriers and their affiliates providing telephone exchange or exchange access service;
  • Facilities-based Commercial Mobile Radio Service (CMRS) providers offering mobile phone service;
  • Interconnected Voice over Internet Protocol (VoIP) providers;
  • Facilities-based broadband Internet service providers (including, but not limited to Wireless Internet Service Providers (WISPs)).

Form 477 filing requirements apply to providers regardless of size.[4]

Enforcement Activities.  The Bureau is prepared to take enforcement action against providers who violate this reporting requirement.[5]  October 7, 2015, the Bureau released a consent decree with Rio Verde Wireless, LLC (Rio Verde), resolving an investigation into Rio Verde’s repeated failures to file Form 477 reports.[6]  As part of the settlement, Rio Verde will pay a $10,500 penalty and designate a compliance officer, develop a compliance plan, and provide compliance training to staff to ensure appropriate reporting in the future.  Providers, including WISPs and other rural entities, are on notice that failure to timely file Form 477 reports may result in enforcement action, including monetary penalties.[7]

How to File Form 477.  Form 477 must be filed twice each year, by March 1 (reporting data collected as of December 31 of the previous year), and September 1 (reporting data collected as of June 30 of the current year).[8]  Forms must be submitted electronically through the FCC website.  The Form and Instructions, as well as additional information for filers, are available at the Form 477 Resources page (www.fcc.gov/form477).

Need more information or help filing Form 477?  Contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.

 

[1] 47 C.F.R. § 1.7001; 43.11.

[2] See Modernizing the FCC Form 477 Data Program, 28 FCC Rcd 9887, 9893-9896, paras. 15-19 (2013); see also 47 U.S.C. § 1302(b).

[3] 47 C.F.R. § 1.7001; 43.11(a).

[4] See Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband and Subscribership Data, and Development of Data on Interconnected Voice Over Internet Protocol (VOIP) Subscribership, 23 FCC Rcd 9691, 9708, para. 32 (2008).

[5] See, e.g., Rio Verde Wireless, LLC, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 2196 (Investigations & Hearings Div., Enf. Bur. 2015); Marseilles Telephone Co., Metamora Telephone Co. and MTCO Communications, Inc., Order, 29 FCC Rcd 2603 (Enf. Bur. 2014).

[6] Rio Verde Wireless, LLC, Consent Decree, DA 15-1014 (Enf. Bur. Oct. 7, 2015).

[7] See 47 U.S.C. § 503(b)(2); 47 C.F.R. § 1.80(b); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of civil Monetary Penalties to Reflect Inflation, Order, 28 FCC Rcd 10785 (Enf. Bur. 2013).

[8] C.F.R. § 1.7002; 43.01(d).

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