The FCC recently launched a set of voluntary experiments aimed at testing the consumer impact of transitioning from legacy TDM-based networks to next generation IP-based networks.  In the Rural Broadband Experiments, the FCC will offer funding from the Connect America Fund (“CAF”) for experiments in rural areas that lack access to broadband services with speeds of 3 Mbps/768 kbps. 

CAF support will be available to a wide range of entities, including cable operators, telephone companies, municipalities, and utilities, to build very high speed last-mile broadband in rural areas. 

If you’re interested in participating, the first phase of the application process is open now.  The FCC is seeking non-binding expressions of interest (EOI) by March 7 and will solicit formal proposals sometime mid-summer.  Submitting an EOI is not a prerequisite to submitting a formal proposal, but the FCC strongly encourages interested entities to submit an EOI. 

            For more information, see our previous update on the Rural Broadband Experiments.  

If you have questions about the Rural Broadband Experiments, please contact Jake Baldwin at (312) 372-3930 jbaldwin@cinnamonmueller.com or Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com.

FCC Releases Enforcement Advisory for CPNI Officer Certification Due March 3, 2014

On February 5, 2014, the FCC released an Enforcement Advisory reminding telecommunications carriers and interconnected VoIP providers that their annual reports certifying compliance with the FCC’s Customer Proprietary Network Information (“CPNI”) rules are due on or before March 3, 2014.  Note that the advisory incorrectly lists March 1, 2014 as the filing deadline.  Under FCC rules, when a filing deadline falls on a weekend or holiday, the filing is due the next business day.  In this case, Monday, March 3, 2014.  CM has confirmed this with FCC Enforcement Bureau staff.

FCC rules require an annual compliance certificate, signed by a corporate officer, stating with personal knowledge that the provider has established and followed operating procedures adequate to ensure compliance with the FCC’s CPNI rules.  The filing must include a statement explaining how the operating procedures ensure compliance with the FCC’s CPNI rules. 

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning any unauthorized release of CPNI received in the past year.  The Enforcement Advisory contains a suggested filing template intended to help companies ensure that their certifications contain all required information.  The certificate must be filed in EB Docket No. 06-36 or through the FCC’s CPNI Certification Template.   

Failure to submit a timely and complete certification may lead to FCC enforcement action.  In past years, the FCC has issued Notices of Apparent Liability proposing fines of up to $20,000 against companies that failed to comply with the certification requirement, filed their certifications late, or filed their certifications incorrectly. 

If you have any questions about CPNI or filing the officer’s certificate, please contact Bruce Beard at (314) 394-1535 or bbeard@cinnamonmueller.com or Elvis Stumbergs at (202) 872-6881 or estumbergs@cinnamonmueller.com.

FCC Form 477 Due March 3, 2014

The next Form 477 is due March 3, 2014.  Telephone, broadband, and interconnected VoIP providers must report information about broadband connections and local telephone service as of December 31, 2013.   Filing instructions and a link to the electronic filing system are available at http://www.fcc.gov/form477/. 

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

Copyright Forms and Fees Due March 3, 2014

Cable operators must file with the U.S. Copyright Office their Statement of Account (Form SA1-2 or SA3) and pay any royalty fees due for the July 2013 – December 2013 accounting period by March 3, 2014.  The following forms apply:

• SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600. 
• SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

For the first time, copyright filings must be accompanied by a filing fee in addition to the royalty payment.  The filing fee is calculated based on the type of form filed:  

Revised forms that include the filing fee as part of the royalty fee calculation are available online.  Operators must remit the royalty fee and filing fee in a single electronic payment. 

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or hschmid@cinnamonmueller.com.

Cinnamon Mueller Attorneys to Attend NCTC Winter Educational Conference

Cinnamon Mueller attorneys will attend the National Cable Telecommunication Cooperative’s Winter Educational Conference in Tampa, Florida on Monday and Tuesday next week.  Partner Barbara Esbin will participate in ACA’s Update panel Tuesday morning, February 18^th.  The Update will focus on ACA’s work this year, and touch on many topics important to smaller cable operators. 

If you’re attending the Winter Educational Conference, be sure to say hello to one of our attorneys.

Cinnamon Mueller’s Esbin Gives Interview to BNA Bloomberg on Net Neutrality

Partner Barbara Esbin recently gave an interview to BNA Bloomberg editor Paul Barbagallo on the FCC's options following to D.C. Circuit’s Net Neutrality ruling.  Check it out, or browse other articles our attorneys have published, here:  http://cm-chi.com/articles.html.