Export Compliance Daily is a Warren News publication.
Many Items

April 22 FCC Agenda Drafts Released

Providers would have to implement texting to the 988 National Suicide Prevention Lifeline, space launches would get new spectrum, 911 outage reporting rules would be harmonized, and the 800 MHz rebanding would end, if all items on the agenda for the FCC commissioners' April 22 meeting are approved. Also on tap are an NPRM to revise technical rules for wireless microphones, an order to require disclosures for foreign-sponsored broadcast content, a public notice to cap applications at 10 for the upcoming noncommercial educational FM window, and an unspecified enforcement matter.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

The FCC is considering a July 16, 2022, deadline by which covered text providers would have to support the ability to text the 988 suicide prevention hotline, says a draft Further NPRM. That's the same deadline for support of voice calls to 988. In the NPRM, the FCC asks about the feasibility of that deadline for text-to-988, vs. a phased-in deadline, and about possible network and equipment upgrades that covered providers might have to make to support texting. It says, consistent with July’s 988 order (see 2007160030), it’s proposing that providers cover their own costs for implementing text-to-988 capability to the Lifeline 10-digit number. The draft says, unlike past non-988 numbering proceedings, where the FCC established a cost recovery mechanism, it doesn’t anticipate industry sharing costs this time.

Available technology solutions are always a challenge for smaller carriers,” the Competitive Carriers Association emailed us Wednesday. “We encourage developing the record to explore additional forms of communications with 988 while ensuring that smaller carriers have the resources they need to implement this important tool.”

Along with adding a secondary allocation to the 2200-2290 MHz band for commercial space launches, the draft order includes an FNPRM asking about adopting primary nonfederal allocations in the 420-430 MHz, 2025-2110 MHz and 5650-5925 MHz bands for use during commercial space launches. In 2013, commissioners approved an NPRM that proposed access to the 420-430 MHz and 5650-5925 MHz bands during space launches (see 1305100042). The FNPRM also would refresh the record on proposals in the 2013 NPRM, including one on prohibiting federal satellites in the 399.9-400.05 MHz band. The draft says multiple commercial space launch operators said they use or plan to use the 2025-2110 MHz band in launch operations, accessing it now through the experimental rules’ special temporary authorities. Band use by launchers is likely to grow, the FCC says.

A draft NPRM proposes to allow the use of new wireless multichannel audio system technology by wireless mics in licensed frequencies already available for use by the devices in TV bands. The bands included are the 653-657 MHz segment of the 600 MHz duplex gap and 941.5-944, 944-952, 952.850-956.250, 956.45-959.85, 1435-1525, 6875-6900 and 7100-7125 MHz. WMAS would be allowed to use up to 6 MHz channels “but allow smaller channels when less spectrum is sufficient for an application,” the draft says. The FCC would seek comment on whether to allow unlicensed operations under Part 15 of its rules.

WMAS “would enable more” mics “to operate in the spectrum available for wireless microphone operations, and thus advances an important Commission goal of promoting efficient spectrum use,” the draft says: “A 6-megahertz channel corresponds to the size of channels in the TV bands where many Part 74 wireless microphones currently operate. We also note that no commenter suggested a larger channel size for WMAS.” As expected (see 2103310050), the proposals build on a 2018 petition by mic maker Sennheiser.

A draft order terminates the 800 MHz rebanding process, which started in 2004. Two licensees haven't completed the process, the city of El Paso and License Acquisitions, the draft says: “In each of these instances, we conclude that all remaining issues can be addressed outside the rebanding program, and that the pendency of these matters therefore poses no impediment to terminating the program.”

Outages

A draft NPRM proposes standardizing the kind of information conveyed to public safety answering points and would require service providers notify potentially affected 911 facilities of an outage “no later than 30 minutes of discovering the outage,” says a fact sheet. Providers would also have to notify customers of any outages “within 60 minutes of determining the outage by providing information on their websites.” This includes cable, satellite, wireless, wireline, interconnected VoIP and covered 911 service providers.

Originating service providers would “be under greater time pressures to notify PSAPs” and have to include “all available material information” in their PSAP outage notifications, says the draft. The proposed rules are “only minor changes to existing procedures,” and an April 1, 2022, compliance date for originating and covered 911 service providers “would be sufficient,” the item says. The NPRM also considers establishing a PSAP contact information database “to facilitate reliable and rapid communication” between service providers and PSAPs during an emergency.

A draft order on requiring disclosures for foreign-sponsored broadcast content was narrowed from the NPRM version to apply only when a foreign governmental entity is providing programming for a block of broadcast time on a station in return for some form of compensation. “By narrowly focusing our requirements we seek to minimize the burden of compliance on licensees,” says the item.

Since noncommercial educational stations are extremely limited in when they’re allowed to lease airtime, “we expect that NCE stations will rarely, if ever, face the need to address our foreign sponsorship disclosure rules,” the item says. The draft specifies what constitutes a foreign governmental entity, largely relying on definitions from the Foreign Agent’s Registration Act. The order requires broadcasters “exercise reasonable diligence” to comply with the rules, make on-air disclosures at the beginning and end of broadcasts or every 60 minutes, and keep copies of disclosures in their online public files.

A 10-application limit for the upcoming NCE FM window “strikes the best balance” between allowing new stations and discouraging speculation, says a fact sheet on the draft PN. If a party has an attributable interest in more than 10 applications, the Media Bureau would retain the first 10 filed and dismiss the others. Alternative proposals for a softer limit or a lower one don’t balance those concerns as well, the draft says: “Due to the historically long period between NCE FM filing windows we believe that applicants should have meaningful opportunities in the 2021 window to expand NCE FM service.” The last window was over 13 years ago.