September 24, 2021

Volume XI, Number 267

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Telecom Alert - Annual CPNI Certifications Due; E-Rate Funds Proposal; Comcast Delaying Internet Data Cap; NFL Seeks Partial Waiver for CBRS System - Vol. XVIII, Issue 6

Annual CPNI Certifications Due March 1

The FCC issued a Public Notice last week reminding telecommunications carriers and interconnected VoIP providers of their obligation to file their annual certification documenting compliance with the Customer Proprietary Network Information rules (CPNI) by March 1, 2021.  CPNI includes sensitive personal information about customers, and the Commission’s rules seek to ensure that CPNI is adequately protected from unauthorized access.  Failure to comply with the requirements may lead to enforcement action, including monetary forfeitures of up to $207,314 for each violation or each day of a continuing violation, up to a maximum of $2,073,133.  

FCC Proposes Using E-Rate Funds for Remote Learning

Last week, the FCC released a Public Notice seeking comment on several petitions for emergency relief requesting permission to use E-Rate program funds to support remote learning during the COVID-19 pandemic.  Many eligible schools and libraries explain that they are hampered in their ability to address the connectivity needs brought on by the pandemic because of the restrictions on off-campus use of E-Rate-funded services and facilities.  The Commission seeks comment on the specific equipment and services that E-Rate should support to fund off-campus access to broadband as well as how to prioritize the funding, among other issues.  Comments are due by February 16, 2021, and reply comments are due by February 23, 2021.  

Comcast Delaying Internet Data Cap

The Pennsylvania Office of Attorney General announced last week that Comcast has agreed to delay its planned implementation of data usage caps and overage charges until July 2021 in its Northeast Division (Vol. XVII, Issue 48).  Comcast planned on imposing a data cap of 1.2TB in select northeastern states, including Pennsylvania, and charging customers for exceeding that threshold.  In addition to delaying the overage charges, Comcast agreed to forgo the usage cap on certain low-income users for the duration of 2021, disclose data threshold information more prominently in the contract execution process, and waiving early termination fees normally charged for cancelling all Xfinity services through December 31, 2021 for select customers.  

NFL Seeks Partial Waiver for CBRS System

The National Football League (NFL) filed a Request for Partial Waiver last week seeking a waiver of FCC rules to allow the operation of a general access CBRS system being tested to enable coach-to-coach communications during NFL football games.  The request is for a very limited set of circumstances in which Internet service is interrupted or becomes unavailable during or immediately prior to the game, but after authority to operate the SBRS system for that game has been granted by the SAS.  The NFL stated that the CBRS system would shut off within 60 seconds of the outage to allow the continuation of the use of the CBRS system for the remainder of the game.  To minimize the risk of an Internet outage, the NFL will use at least two independent ISPs.  

Wesley K. Wright also contributed to this article.

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 39
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About this Author

Jim Baller Communications Attorney Keller & Heckman Washington, DC
Partner

James (Jim) Baller represents clients across the U.S. in a broad range of communications matters including high-capacity broadband network projects, public-private broadband partnerships, telecommunications, wireless facility siting, right-of-way management, pole and conduit attachments, and barriers to community broadband initiatives.

Jim was the founder and president of the U.S. Broadband Coalition, a diverse group of more than 160 communications service providers, high technology companies, labor unions, public interest and consumer groups, state and local government entities,...

202-434-4175
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
Thomas B. Magee, Keller Heckman, transactional counsel, litigation attorney, FCC law, safety violation lawyer
Partner

Thomas Magee joined Keller and Heckman in 2000. Mr. Magee provides regulatory, transactional and litigation counsel to investor-owned electric utilities, electric cooperatives and municipalities regarding pole attachments and Federal Communications Commission (FCC) licensing of private wireless telecommunications services.

Mr. Magee has helped to resolve dozens of pole attachment disputes affecting make-ready costs, safety violations, unauthorized attachments, annual rental rates and other terms and conditions of access. He negotiates,...

202-434-4128
Tracy Marshall, Keller Heckman, regulatory attorney, for-profit company lawyer
Partner

Tracy Marshall assists clients with a range of business and regulatory matters.

In the business and transactional area, Ms. Marshall advises for-profit and non-profit clients on corporate organization, operations, and governance matters, and assists clients with structuring and negotiating a variety of transactions, including purchase and sale, marketing, outsourcing, and e-commerce agreements.

In the privacy, data security, and advertising areas, she helps clients comply with privacy, data security, and consumer protection laws, including laws governing telemarketing and...

202-434-4234
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