Spotlight

State, Local Governments Can Challenge Eligibility Determinations for Mobile Wireless Buildout Funding

• Background:  Last year, the FCC adopted rules governing a Mobility Fund Phase II (MF-II) reverse auction to award universal service support for mobile wireless carriers.  The Commission established a budget of $4.53 billion over ten years to provide ongoing support for the provision of service in areas that, absent subsidies, lack adequate mobile voice and broadband coverage.  Geographic areas lacking unsubsidized, qualified 4G LTE service have been initially deemed "eligible areas" for MF-II support; those with such service have been deemed initially "ineligible."  On February 27, the FCC released a map showing areas across the United States presumed eligible to receive support for the deployment of 4G LTE service. This map was based on the coverage maps provided by the service providers, but if state or local government officials believe the map is incorrect, they now have an opportunity to provide input to help correct the map.  The process for submission of evidence to correct the map is called the "challenge process." The Commission announced the procedures for the challenge process in which governmental entities and other interested parties will have an opportunity to challenge an initial determination that an area is ineligible for MF-II support.
•  
• The window for submitting a challenge is opened on March 29, 2018, and will remain open until November 26, 2018 (extended from August 27).  A link to the Universal Service Administrative Company (USAC) challenge process portal is at www.fcc.gov/mobility-fund-phase-2.
•  
• Read more

  Quick Facts

  • Mobility Fund Phase II (MF-II) will make available up to $4.53 billion in support over 10 years to primarily rural areas that lack unsubsidized 4G Long Term Evolution (LTE) service. MF-II is critically important to supporting mobile voice and broadband coverage, incentivizing the deployment of mobile wireless service through a reverse auction, and ensuring that 4G LTE service is preserved and advanced in those areas of the country that lack unsubsidized service.
  • State and local officials who believe that particular locations currently lack LTE service can examine whether those locations are included in the map of eligible areas and challenge the initial determination, if the map shows that they are currently deemed ineligible.
  • Beginning on March 22, 2018, any party that submits contact information to the portal access request form (at www.fcc.gov/MF2-Challenge-Portal/form) and obtains login credentials will be able to test its credentials by logging in to the portal.  All parties interested in participating in the challenge process must fill out the Portal Access Request Form in order to receive access to the USAC challenge process portal.
    • Challenge Process Procedures PN
    • Challenge Process Order
    • Challenge Process Window Extension Order
    • Challenge Process Comment PN
    • Challenge Portal Access Request PN
    • Challenge Portal Access Request Form
    • Initial Eligible Areas Map PN
    • Initial Eligible Areas Map

Political Campaign Robocalls & Robotexts

• Background: The Telephone Consumer Protection Act limits the use of autodialed calls or texts and prerecorded voice calls (all of which are sometimes called "robocalls"). The TCPA and the FCC's rules do apply to political campaign-related calls or texts. These restrictions vary based upon whether a call is delivered to a landline telephone, a cell phone, or certain protected telephone lines (e.g., emergency or toll-free lines, or lines serving hospitals or similar facilities).
•  
• Quick Summary
•  
• Political campaign-related autodialed or prerecorded voice calls (including autodialed live calls, prerecorded voice messages, and text messages) are:
•  
  • Not allowed to cell phones, pagers, or other mobile devices without the called party's prior express consent.
  • Not allowed to protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities, unless made with the called party's prior express consent.
  • Allowed when made to landline telephones, even without prior express consent.
•  
• Robotexts are text messages generated through autodialing. Under the TCPA, these are considered a type of call and fall under all the robocall rules.  As text messages generally go to mobile phones, they require the called party's prior express consent if they are generated using autodialing.
•  
• All prerecorded voice message calls, campaign-related and otherwise, must include certain identification information:
•  
  • the identity of the business, individual, or other entity initiating the call (and if a business or corporate entity, the entity's official business name) must be stated clearly at the beginning of the message; and
  • the telephone number of the calling party must be provided either during or after the message.
•  
• Read more

  This spotlight is a summary of the Commission's rules; interested parties should consult the Commission's rules and Order for the full requirements. The relevant rule, 47 CFR 64.1200 can be found at: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div6&node=47:3.0.1.1.11.12.

  The Order establishing the rule can be found at: https://docs.fcc.gov/public/attachments/FCC-03-153A1.pdf.

IGA Spotlight Archive