By: Andy Regitsky
The summer slowdown for the FCC may be looming, but there is no downtime for telecommunications carriers. Broadband data collection (BDC) filings are due for all ISPs on September 1, 2022, while non-facilities-based telecom providers must implement the Stir-Shaken caller ID authentication system by June 30, 2022.
Here are the important details for the affected companies:
Broadband Data Collection
All facilities-based providers of fixed or mobile broadband Internet access service must file complete and accurate data in the Broadband Data Collection (BDC) database on a biannual basis. Providers may begin submitting their data on June 30, 2022 and must complete their submissions no later than September 1, 2022. Entities that must file include facilities-based providers of fixed or mobile broadband service who have one or more end user connections in service on June 30, 2022. An entity is a facilities-based provider if it supplies broadband service using any of five types of facilities enumerated in the Commission’s Third Report and Order in the BDC proceeding.
Filers must submit data in the BDC system via file upload and/or web form. Detailed specifications for the biannual BDC filings are available at https://www.fcc.gov/BroadbandData/resources#data-specifications.
The Commission is providing various technical assistance resources to assist filers in preparing their biannual BDC submissions. Self-help resources such as data specifications, a user guide, video tutorials, and help articles, as well as an online form to request additional support, can be found in the BDC Help Center, which filers can access though the BDC webpage at https://www.fcc.gov/BroadbandData.
The FCC emphasizes that section 803 of the Broadband DATA Act makes it “unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this title that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service.” It notes that its rules define “materially inaccurate or incomplete” as “a submission that contains omissions or incomplete or inaccurate information that has a substantial impact on the collection and use of the data collected” through the BDC.
The Commission established a base forfeiture of $15,000 per violation for providers that file materially inaccurate or incomplete information in the BDC. If a provider discovers any inaccuracy, omission, or significant reporting error in the original data it submitted, whether through self-discovery, a BDC challenge, crowdsourcing, or verification process, or otherwise, that provider is required to file corrected data within 30 days of the discovery or notification of the inaccuracy or omission.
All covered entities must submit complete and accurate filings by the September 1, 2022, deadline. A late filing—even if complete and accurate—is still subject to enforcement action.
Finally, a reminder that Form 477 filers that submit fixed broadband deployment and subscription data, mobile broadband deployment and subscription data, and mobile voice deployment and subscription data in Form 477 must submit data as of June 30, 2022, in two systems: the Form 477 filing interface and the BDC system.
Stir/Shaken Technology Implementation
In March 2020, the Commission adopted rules pursuant to the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, that required voice service providers to implement STIR/SHAKEN caller ID authentication technology in the Internet Protocol portions of their networks by June 30, 2021. However, in September 2020, the Commission granted extensions for compliance with this deadline to certain providers, including a two-year extension for small voice service providers (100,000 or fewer voice access lines), and required providers with an extension to implement robocall mitigation programs. That extension did not last long.
Based on “overwhelming record support and available evidence showing that non-facilities-based small voice service providers are originating a large and disproportionate amount of robocalls,” the Commission quickly shortened the extension by one year, thus requiring non-facilities-based providers to implement STIR/SHAKEN in the IP portions of their networks by June 30, 2022. These affected providers were also required to update the robocall mitigation database within 10 business days of the effective date of the Small Provider Order to indicate they are no longer subject to a two-year extension and must implement STIR/SHAKEN by June 30, 2022, in the IP portions of their networks.
In addition, these providers must also update their certifications and associated filings in the Robocall Mitigation Database within 10 business days of completion of STIR/SHAKEN implementation.
Finally, the Commission states that those non-facilities-based small voice service providers that fail to implement the authentication framework by June 30, 2022, may be subject to appropriate enforcement action.