FCC reaches agreement with AT&T over 911 outage, adopts UAS and 5G fund rules

$950,000 compensation for emergency call failure

The FCC has announced a $950,000 settlement with AT&T to resolve an investigation into whether the company violated the commission's rules by failing to deliver 911 calls and failing to notify 911 call centers of an outage in a timely manner. Due to an inadvertent disabling of part of AT&T's network during a test on August 22, 2023, an outage lasting over an hour resulted in 400 failed 911 calls in Illinois, Kansas, Texas, and Wisconsin. The FCC requires that all 911 calls be delivered to public safety call centers and that providers notify call centers of outages they experience. AT&T will be required to implement a three-year compliance plan.

FCC adopts UAS rules

The FCC has adopted new rules to allow operations in the 5 GHz frequency band for wireless communications needed to control the flight of unmanned aircraft systems (“UAS”). UAS operators may receive direct spectrum assignments in a portion of the 5030-5091 MHz band for non-networked operations. Dynamic spectrum management systems (“DFMS”) are used to manage and coordinate access to the spectrum by issuing temporary spectrum assignments to requesting operators. Before the DFMS goes into operation, a provisional access mechanism allows operators to submit a request to the FAA and, upon FAA approval, register online with the FCC.

FCC adopts 5G fund rules

The FCC has adopted new rules to target investments in the deployment of 5G mobile broadband services in rural communities, relaunching the 5G Fund for Rural America (“5G Fund”). In Phase 1 of the 5G Fund, the Commission will distribute up to $9 billion in funding for voice and 5G mobile broadband services in rural areas through a multi-stage reverse auction. The 5G Fund now also includes up to $900 million in incentives for the integration of Open Radio Access Network (“Open RAN”) technology into 5G Fund-supported networks. The areas eligible for support through Phase I of the 5G Fund have been modified to include areas in Puerto Rico and the U.S. Virgin Islands. In addition, the rules proportionally increase the 5G Fund budget for tribal communities.

Fifth Circuit stays USF ruling

The U.S. Court of Appeals for the Fifth Circuit has issued a stay on the trial court's decision to strike down the mechanism the FCC uses to calculate and collect contributions to the Universal Service Fund (“USF”). In July, the Fifth Circuit found that the USF and its administration by the Universal Service Administrative Company (“USAC”) violated the Constitution's nondelegation doctrine and Appointments Clause. The stay will remain in effect until October 1, 2024, unless the FCC files a petition for writ of review with the Supreme Court by September 30, 2024.