September 28, 2022

Volume XII, Number 271

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Telecom Alert: $153K Fine over Recordkeeping Violations; Rip-and-Replace Updates Due; USF Contribution Factor; 900 MHz Applications Granted [Vol. XIX, Issue 38]

$153K Proposed Fine over Recordkeeping Violations

The FCC’s Enforcement Bureau issued a Notice of Apparent Liability last week against PayG, LLC (“PayG”) for failing to verify information with the Universal Service Administrative Company (“USAC”) and accurately maintain records with the FCC.  Between May 2019 and November 2020, PayG failed to provide documentation repeatedly requested by USAC to verify PayG’s Annual Worksheets.  Upon further investigation, the Commission also found that it filed inaccurate Annual Worksheets and failed to maintain current contact information in the FCC’s CORES system.  The FCC proposed a forfeiture of $153,000. 

Rip-and-Replace Updates Due

Last week, the FCC issued a Public Notice reminding recipients in the Secure and Trusted Communications Networks Reimbursement Program (the “Program”) of their obligation to file their initial status updates with the Commission.  The status updates must be filed every 90 days as of the date the application was improved and inform the Commission about the work of the recipient to permanently remove, replace, and dispose of covered communications equipment or services.  Since the initial applications were approved on July 15, 2022, the status updates are due on October 13, 2022. 

28.9% USF Contribution Factor

The FCC’s Office of Managing Director announced that the proposed universal service contribution factor for the fourth quarter of 2022 will be 28.9%, absent action from the Commission.  The 28.9% assessment on end-user interstate and international telecom service revenues is projected to meet the fourth quarter’s requirement of $1.914 billion for the four original universal service programs (E-Rate, rural health care, high-cost, and Lifeline) and the Connected Care Pilot Program.

900 MHz Applications Granted

Last week, the Wireless Telecommunications Bureau issued a Public Notice granting five 900 MHz broadband segment license applications (Vol. XIX, Issue 34).  The FCC realigned the 900 MHz band in May 2020 to make available six megahertz of low-band spectrum for the development of critical wireless broadband technologies and services, while reserving four megahertz of spectrum for continued narrowband operations.  The Commission granted five applications of PDV Spectrum Holding Co. LLC for markets in Kansas and Missouri and has received full anti-windfall payments for the licenses.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 262
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About this Author

Wesley K. Wright, Keller Heckman, Telecommunications Lawyer, FCC Enforcement Attorney, DC
Partner

Wesley Wright joined Keller and Heckman in 2006 and practices in the areas of telecommunications law.  He assists corporate clients and trade associations with various legal and regulatory matters before the Federal Communications Commission, Federal Aviation Administration, courts and state agencies.

Mr. Wright’s practice includes private wireless licensing, FCC enforcement, and related transactional matters.  He counsels clients on internal operations and governance matters and has drafted and negotiated asset purchase agreements,...

202.434.4239
Gregory E. Kunkle, Keller Heckman, regulatory attorney, FCC lawyer
Partner

Gregory Kunkle joined Keller and Heckman in 2006. Mr. Kunkle practices in the area of telecommunications, with an emphasis on assisting corporate clients and trade associations with various legal and regulatory matters before the Federal Communications Commission.

Mr. Kunkle regularly counsels critical infrastructure companies, such as electric utilities, oil and gas companies, and railroads, public safety agencies, and commercial providers regarding FCC wireless licensing and compliance issues.  He assists clients in identifying and acquiring...

202-434-4178
Casey Lide Communication Attorney Keller & Heckman Washington, DC
Partner

Casey Lide represents clients on a broad range of communications matters including telecommunications, cable television, broadband Internet access service, wireless communications, right-of-way management, pole and conduit attachments, and barriers to community broadband initiatives.

Casey counsels public- and private-sector clients on contract drafting and negotiation matters, including fiber optic IRUs and leases, easements, franchises, attachment agreements, ISP service agreements, interconnection and collocation agreements, strategic MoUs and others.   

He collaborates...

202-434-4186
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