Cinnamon Mueller Client Updates

 

FCC Form 477 Filing Interface Still Experiencing Technical Difficulties

FCC Form 477 Filing Interface Still Experiencing Technical Difficulties

New Filing Deadline Not Yet Announced

      The deadline for the Form 477, originally due October 1, 2014, is still up in the air, as the FCC’s new Form 477 online filing interface continues to experience a number of technical difficulties.  The new deadline will be announced via a public notice once the FCC has fixed the technical difficulties.

      As a reminder, this is the first Form 477 filing requiring the use of the new filing interface on the FCC’s website.  Filers must now submit various types of data by type of service and provider.  For fixed broadband providers, Form 477 now requires the submission of:

  • Deployment data on a census block basis, along with the maximum guaranteed or contractual upstream and downstream bandwidth offered.
  • Subscription data on a census tract basis, along with the maximum advertised upstream and downstream bandwidth offered.

      For both deployment and subscription data, fixed broadband providers must break out the information by the type of service (e.g., cable modem, fixed wireless).  In other words, if a broadband Internet access service provider offers multiple types of broadband technologies in one census tract, the filer is required to complete separate census tract entries for each technology. 

      Interconnected VoIP providers must now also report subscription data on a census tract and state-by-state basis. 

      Updated instructions for filers can be found here.  Filers can also review a brief summary of the Form 477 changes on the FCC’s website

      If you have any questions about Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

FCC Selects MVPDs for EEO Audits

      On October 9, 2014, the Media Bureau released a Public Notice notifying multichannel video programming distributors (“MVPDs”), including cable operators, that Equal Employment Opportunity (“EEO”) audit letters had been sent to randomly selected MVPDs.  The Public Notice lists the MVPDs selected, and includes a copy of the letter mailed.  Responses are due to the FCC by November 21, 2014

      The FCC annually audits approximately five percent of MVPD employment units.  The audit letter requests certain data from the selected MVPD employment units, including the employment unit’s most recent EEO public file, information on job openings, and documentation demonstrating performance of the required recruitment initiatives.

      All selected MVPD employment units must respond to the audit letter, but employment units with fewer than six full-time employees have more limited response requirements.  Failing to timely respond to the audit letter could result in a certification that the employment unit is not in compliance for 2013 with the FCC’s EEO rules. 

      If you have any questions about EEO compliance, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

FCC Announces Application Window for Rural Broadband Experiments

      The FCC’s Wireline Competition Bureau recently announced the new opening and closing dates for the Rural Broadband Experiment applications.  Entities can submit applications starting on Thursday, October 23, 2014 at 9 am EDT.  A link to the application, FCC Form 5610 will be available on the FCC’s Rural Broadband Experiment webpage on that day.  The firm deadline for submitting applications is Friday, November 7 at 6 pm EST.   

        If you have any questions about the Rural Broadband Experiments, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com or Noah Cherry at (202) 872-0234 or ncherry@cinnamonmueller.com.

Signal Leakage Reports Due by December 31, 2014

      If your system uses aeronautical frequencies, you must conduct signal leakage measurements and file FCC Form 320 at least once each calendar year.  The form should be filed within 45 days of testing so that the most current CLI information is on record with the Commission.  In the past, the FCC has fined cable operators for violating the signal leakage rules, even when a third party caused the signal leakage. 

      FCC Form 320 must be filed electronically through the FCC’s Cable Operations and Licensing System (COALS).  To access COALS, go to https://apps.fcc.gov/coals/.  

       If you have questions about FCC Form 320, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.