FCC Releases Form 477 Enforcement Advisory- Reminds Voice and Broadband Providers That They Must File Complete and Accurate Form 477s Every Six Months
On October 7, 2015, the FCC’s Enforcement Bureau released an Enforcement Advisory reminding telephone, broadband, and interconnected VoIP providers that they must file timely, complete, and accurate FCC Form 477 reports every six months. The Enforcement Advisory was issued in conjunction with a Consent Decree that the Bureau entered into with a broadband provider, resolving an investigation into the provider’s repeated failures to file Form 477.
Background. The Advisory follows the Enforcement Bureau’s adoption of a Notice of Apparent Liability on March 11, 2014, and a Consent Decree on October 6, 2015, with Rio Verde Wireless.
In the NAL, the Enforcement Bureau proposed $20,000 in penalties against Rio Verde for its apparent failures to file Form 477 reports after March 2010 and its failure to cooperate with the Bureau’s investigation. Further, the company filed a completed Form 477, due in March 2014, more than five weeks late even though the Bureau had already initiated its investigation. Ultimately, the Bureau entered into the Consent Decree with Rio Verde, resolving its investigation in exchange for a $10,500 civil penalty and the company’s commitment to implementing and following a compliance plan to ensure it will timely file its Form 477 Reports.
This FCC action highlights the importance of responding promptly to all FCC-related inquiries, especially those initiated by the Enforcement Bureau.
Form 477. Broadband, telephone and interconnected VoIP providers are required to file a Form 477 twice every year, by March 1 (covering data collected as of December 31st of the prior year) and September 1 (covering data collected as of June 30th). Broadband providers are required to report information about broadband connections; telephone and interconnected VoIP providers must report information their local telephone services.
Form 477 filing requirements apply to providers regardless of size. Forms must be filed electronically through the filing interface on the FCC’s website. Instructions for filers can be found here.
If you have any questions about Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.
Signal Leakage Reports Due by December 31, 2015
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 FCC. 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.