Cinnamon Mueller Client Updates

 

FCC Releases Open Internet Enforcement Advisory, Aims for Tougher Enforcement of Transparency Rule

On July 23, the FCC released two statements reminding broadband Internet access service providers (“BIASPs”) of their continuing disclosure obligations under the FCC’s Open Internet rules that have been in effect since 2011.  First, the FCC’s Enforcement Bureau released an enforcement advisory warning BIASPs that the FCC intends to more closely scrutinize their service offering disclosures mandated by the Open Internet Order to ensure that the disclosures accurately describe broadband providers’ network management practices, performance and commercial terms, and conform to their public advertisements and other public statements. 

At the same time, FCC Chairman Wheeler issued an unusual and strong statement declaring that, following release of the enforcement advisory, “no broadband provider can claim they didn’t know we were watching to see that they disclose accurate information about the services they provide.” 

The enforcement advisory notes that BIASPs found in violation of the transparency rule can be subject to substantial monetary penalties under section 503(b) of the Communications Act.  Maximum forfeitures range from $16,000 to $1.575 million for any single act or failure to act.

The Open Internet Order’s transparency rule applies to all providers of broadband Internet access services and requires those providers to “publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.”  Not only must this disclosure reflect an ISP’s actual practices, but the information must be consistent with that contained in all public advertisements and statements concerning the service.  The enforcement advisory warns that a provider making an inaccurate statement in a consumer-facing advertisement cannot defend itself against a Transparency Rule violation by pointing to an accurate statement in some other public place. 

Operators can avoid a violation by reviewing their Open Internet disclosures and all public advertisements regularly to ensure that all are consistent and accurately reflect the services offered and delivered to consumers. 

If you have questions about the Court’s decision or broadband service disclosures, please contact Barbara Esbin at (202) 872-6811 or besbin@cinnamonmueller.com.

 

FCC to Hold August 6th Webinar on New Form 477

The FCC recently announced that the Wireline Competition Bureau and Wireless Telecommunications Bureau will conduct a webinar on the new Form 477 filing interface.  The webinar will stream live at www.fcc.gov/live at 2:30 PM ET on Wednesday, August 6th

 

The FCC uses Form 477 to semi-annually collect information related to broadband and telephone service in order to improve compliance with statutory requirements and develop, evaluate, and revise policy. The information is used to set benchmarks for policy makers, academics, and consumers.  

Last year, the FCC adopted an Order modernizing the collection of data on broadband and voice services through Form 477.  The FCC proposed significant changes – in particular, it will now collect large volumes of fixed and mobile broadband deployment data previously collected by NTIA – that necessitated the development of a new Form 477 filing interface.  Given the ongoing development and testing of this new interface, the FCC last month issued a one-month extension of the filing deadline to October 1, 2014 (reporting data as of June 30, 2014). 

If you have any questions about Form 477, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

 

FCC Reminds Cable Operators of EEO Form 396-C Filing Deadline

 

Notice Lists Cable Operators Who Must File Supplemental Investigation Sheet

 

On July 24, 2014, the Media Bureau released a Public Notice reminding multichannel video programming distributors (“MVPDs”), including cable operators, that Form 396-C, the FCC’s MVPD Equal Employment Opportunity (“EEO”) Program Annual Report, must be submitted electronically by midnight on September 30, 2014.  To file Form 396-C, login to the Media Bureau’s CDBS Electronic Filing System.

The Public Notice also lists the cable operators that the FCC randomly selected to file a Supplemental Investigation Sheet along with their Form 396-C.  For this year’s filing, Supplemental Investigation Sheet filers must:

  • Include one job description for employees in the category “Sales Workers” in Part I of the form.
  • Answer questions 1, 6, and 7 in Part II of the form:

à    Describe the employment unit’s efforts to comply with the outreach provisions of 47 C.F.R. § 76.75(b).

à    Report the findings of the employment unit’s analysis of its efforts to recruit, hire, promote in a nondiscriminatory manner and explain any difficulties encountered in implementing its EEO program.

à    Describe the level of responsibility of each level of the employment unit’s management with respect to application and enforcement of its EEO policy and explain the procedure for review and control of managerial and supervisory performance.

  • Attach, as Part III, a copy of the unit’s EEO public file report created in 2014 covering the previous 12 months.

If you have any questions about EEO compliance, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.

FCC Fines Tower Owner $10,400 for Antenna Structure Rule Violations

 

            The FCC recently issued a Forfeiture Order (“Order”) imposing a $10,400 penalty against Washington Gas Light for violating the FCC’s antenna structure regulation rules.  Specifically, the FCC found that the tower owner failed to operate and maintain the tower properly, and failed to notify the FCC of a change in ownership.

            FCC rules require towers exceeding 200 feet above ground level or requiring “special aeronautical study” to be lit according to FAA standards.  Tower owners must monitor and periodically inspect tower lighting systems, report lighting outages to the FAA immediately, and repair lighting outages “as soon as practicable.”  Tower owners must also immediately notify the FCC of any change in ownership information.

The Forfeiture Order affirmed the findings of a 2011 Notice of Apparent Liability that Washington Gas Light violated the FCC’s rules by failing to exhibit required lighting, failing to notify the FAA of a lighting outage, and failing to inform the FCC of a change in tower ownership.  With regards to the failure to notify the FCC of a change in tower ownership, Washington Gas Light purchased the antenna in September of 2010, but did not notify the FCC of the change in ownership until December 2010. 

This case continues a trend that started in 2012 of increased antenna structure rule enforcement by the FCC and its field inspectors.  Cable operators with registered towers should make sure their towers are painted and lighted in accordance with their FCC registrations.  If you have any questions about the FCC’s antenna structure rules, please contact Scott Friedman or Jake Baldwin at (312) 372-3930 or sfriedman@cinnamonmueller.com or jbaldwin@cinnamonmueller.com

Cinnamon Mueller News

 

Noah Cherry and Maayan Lattin join the firm.  We would like to extend a warm welcome to Noah Cherry and Maayan Lattin.  Both Noah and Maayan joined Cinnamon Mueller on July 23rd, and attended last week’s Independent Show.

Noah comes to Cinnamon Mueller from the WTA:  Advocates for Rural Broadband, where he served as Director of Government Affairs.  In that capacity, he represented small rural telecommunications companies and cooperatives before the FCC, Congress, and various federal agencies including the Department of Homeland Security and the National Institute of Standards and Technology.  Noah advised WTA members on various regulatory and legislative issues including video, cybersecurity, net neutrality, public safety, universal service, IP interconnection, and technology transitions.  Before WTA, Noah worked for a small privacy and telecommunications law firm in Washington, DC where he advised major Internet companies on US and EU privacy laws.

Prior to joining Cinnamon Mueller, Maayan briefly served as policy counsel for the Future of Privacy Forum, a Washington DC-based think tank, where she worked on Internet and mobile advertising issues, and led the education privacy project.  In that capacity, Maayan helped advise companies on responsible data practices.  Before that, Maayan spent several months on Capitol Hill, where she worked on a number of legislative initiatives with a particular focus on privacy, technology, and consumer protection issues.  Finally, before moving to Washington D.C., Maayan was a law clerk/staff attorney for the Legal Division of the United States Court of Appeals for the Third Circuit. 

Welcome, Noah and Maayan!