FEDERAL COMMUNICATIONS COMMISSION Fiscal Year 2022 Annual Performance Report (October 1, 2021 – September 30, 2022) Message from the Chairwoman As Chairwoman of the Federal Communications Commission (FCC or Commission), it is my pleasure to present the FCC’s Annual Performance Report for Fiscal Year (FY) 2022. This Annual Performance Report reflects the FCC’s strategic and performance goals implemented under my leadership. The Commission has acted to link the FCC’s mission to its strategic goals, which can be found in the FCC’s Strategic Plan for FY’s 2022 - 2026 and which include: Pursue a 100% Broadband Policy; Promote Diversity, Inclusion, Equity and Accessibility; Empower Consumers; Enhance Public Safety and National Security; Advance America’s Global Competitiveness; and Foster Operational Excellence. For additional information about these strategic goals, please see the FCC's current Strategic Plan, which is available at: https://www.fcc.gov/about/strategic-plans- budget. The FCC made significant progress in FY 2022 towards implementing these priorities. Included in this message are just a few examples of the Commission’s substantial efforts to carry out its mission during the past fiscal year; the accompanying Annual Performance Report provides additional information and details about the FCC’s accomplishments in FY 2022. A key priority for the FCC is to pursue policies to address the existing broadband gaps across the country and to bring affordable, reliable high-speed broadband to all Americans. During FY 2022, several FCC programs are making this a reality. The FCC’s Affordable Connectivity Program, the largest broadband affordability effort in our nation’s history, is currently helping more than 16 million households pay for high-speed internet service. The FCC looks forward to working with Congress to extend this program and ensure that it continues to provide critical benefits to millions of households. The Commission’s Emergency Connectivity Fund is helping to provide digital learning tools to close the Homework Gap. To date, the Commission has committed nearly $6.6 billion to support approximately 11,000 schools, 1,000 libraries, and 100 consortia, and is providing nearly 13 million connected devices and over 8 million broadband connections. In addition, our E-Rate program is supporting broadband connectivity for the Navajo Nation and other Tribal communities. In the past fiscal year, we’ve fixed jurisdictional quirks which have prevented Tribal Libraries from taking advantage of E-Rate and launched a pilot program to make sure all Tribal Libraries are connected. Thanks in part to the Commission’s work, 988 was launched as the new number to reach the Suicide and Crisis Lifeline. Now, if you text or dial 988, you will be connected to professional support for mental health emergencies. In the first full month that 988 was operational, we saw a 45 percent increase in people using the Suicide and Crisis Lifeline, compared to 2021 numbers. In FY 2022, we also launched our Space Innovation docket to promote United States leadership in the emerging space economy, including an inquiry on in-space servicing, assembling, and manufacturing. We adopted a first-of-its-kind rule requiring that satellite operators in low-earth orbit dispose of their satellites within five years of completing their missions. We completed an auction in the 2.5 GHz band, bringing new broadband coverage and competition to mostly rural areas around the country. We also began an inquiry into the 12.7 GHz band, airwaves that can unlock valuable mid-band frequencies that may play a key role in delivering next-generation wireless services, including 5G, 6G, and beyond. We laid the groundwork for better cooperation with our Federal partners in spectrum matters through the establishment with the National Telecommunications and Information Administration of the Spectrum Coordination Initiative, which involves actions by both agencies to strengthen the process for decision making and information sharing and working cooperatively to resolve spectrum policy issues. While we’ve been busy building the foundation for the future of wireless technology, we’ve also remained focused on keeping the technology already in our networks secure. We adopted new rules prohibiting communications equipment deemed to pose an unacceptable risk to national security from being authorized for importation or sale in the United States. We prohibited the use of public funds to purchase covered equipment or services, launched the Secure and Trusted Communications Networks Reimbursement program to remove insecure equipment that has already been installed in our networks, revoked operating authorities for Chinese state-owned carries based on recommendations from national security agencies, and updated the process for approving submarine cable licenses to better address national security concerns. We also updated our rules to improve the reliability and resiliency of wireless networks during emergencies and launched a program that will share communications outage information in real time with state, federal territorial, and Tribal nation agencies. In addition, we modernized our rules for programs that will help first responders and emergency personnel during disasters. We continue to pursue an aggressive consumer protection agenda. We are doubling down on efforts to stop scam robocalls by attacking them from all angles, including cutting off bad actors from our networks, requiring providers to block unwanted calls, and mandating technology to stop call spoofing. Throughout the year, the Commission has worked diligently towards achieving its mission across all of its strategic goals, and I am pleased to present this Annual Performance Report to highlight the Commission’s wide array of accomplishments during FY 2022. Jessica Rosenworcel Chairwoman Mission As specified in section one of the Communications Act of 1934, as amended, the Federal Communications Commission’s (FCC’s or Commission’s) mission is to “make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges.”1 In addition, section one provides that the Commission was created “for the purpose of the national defense” and “for the purpose of promoting safety of life and property through the use of wire and radio communications.”2 About the Federal Communications Commission The FCC is an independent regulatory agency of the United States Government. The FCC is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. The Commission also regulates telecommunications and advanced communication services and video programming for people with disabilities, as set forth in various sections of the Communications Act. The FCC is directed by five Commissioners, who are appointed by the President and confirmed by the Senate for five-year terms, except when filling the unexpired term of a previous Commissioner. Only three Commissioners can be from the same political party at any given time. The President designates one of the Commissioners to serve as the Chairperson. The FCC is organized by function. There are seven Bureaus and ten Offices. The Bureaus and the Office of Engineering and Technology process applications for licenses to operate facilities and provide communications services; analyze complaints from consumers and other licensees; conduct investigations; develop and implement regulatory programs; and organize and participate in hearings and workshops. Generally, the Offices provide specialized support services. The Bureaus and Offices are: • The Consumer & Governmental Affairs Bureau develops and implements consumer policies, including disability access and policies affecting state, local, and Tribal governments. The Bureau also serves as the public face of the Commission through outreach and education and responds to consumer inquiries and informal complaints. The Bureau maintains collaborative partnerships with consumer-facing organizations and state, local, and Tribal governments in such areas as implementation of critical initiatives, implementation of new technologies, and emergency preparedness. In addition, the Bureau’s Disability Rights Office provides expert policy and compliance advice on accessibility with respect to various forms of communications for persons with disabilities. The Bureau also ensures public facing access to the Commission for persons with disabilities via a team of American Sign Language interpreters and accessible formats specialists. 1 47 U.S.C. § 151. 2 Id. • The Enforcement Bureau enforces the Communications Act and the FCC’s rules. It acts to protect consumers and their sensitive information, ensure efficient use of spectrum, further public safety, promote competition, resolve disputes, and protect the integrity of FCC programs and activities from fraud, waste, and abuse. • The International Bureau administers the FCC’s international telecommunications and satellite programs and policies, including licensing and regulatory functions. The Bureau promotes pro-competitive policies abroad, coordinates the FCC’s global spectrum activities, and advocates for U.S. interests in international communications and competition. The Bureau works to promote high-quality, reliable, interconnected, and interoperable communications infrastructure on a global scale. • The Media Bureau recommends, develops, and administers the policy and licensing programs relating to electronic media, including broadcast television and radio, cable television, and satellite television in the United States and its territories. • The Public Safety and Homeland Security Bureau develops and implements policies and programs to strengthen public safety communications and interoperability, homeland security, national security, emergency management and preparedness, disaster management, and network reliability and resiliency. These efforts include rulemaking proceedings that promote more efficient use of public safety spectrum, improve public alerting mechanisms, enhance the nation’s 911 emergency calling system, and establish frameworks for communications prioritization during crises. The Bureau also maintains 24/7 operations capability and promotes Commission preparedness to assist the public, first responders, the communications industry, and all levels of government in responding to emergencies and major disasters where reliable public safety communications are essential. Finally, the Bureau coordinates the Commission’s national security mission and consults with the Defense Commissioner pursuant to 47 CFR § 0.181 of the Commission’s rules. • The Wireless Telecommunications Bureau is responsible for wireless telecommunications programs and policies in the United States and its territories, including licensing and regulatory functions. Wireless communications services include cellular, paging, personal communications, mobile broadband, and other radio services used by businesses and private citizens. • The Wireline Competition Bureau develops, recommends, and implements policies and programs for wireline telecommunications, fixed (as opposed to mobile) broadband and telephone lines, striving to promote the widespread development and availability of these services. The Bureau has primary responsibility for the Universal Service Fund which helps connect all Americans to communications networks. • The Office of Administrative Law Judges is composed of one judge (and associated staff) who presides over hearings and issues decisions on matters referred by the FCC. • The Office of Communications Business Opportunities promotes diversity, competition, and innovation in the provision and ownership of telecommunications and information services by supporting opportunities for small businesses, as well as women-owned and minority- owned communications businesses. • The Office of Economics and Analytics provides objective economic analysis to support Commission policy making and implements agency-wide data practices and policies, including implementing significant economically-relevant data collections. The Office also manages the FCC’s auctions in support of and in coordination with the FCC’s Bureaus and Offices. • The Office of Engineering and Technology advises the FCC on technical and engineering matters. This Office develops and administers FCC decisions regarding spectrum allocations and unlicensed devices and coordinates use of the spectrum with the Executive Branch. The Office also oversees the Commission’s equipment authorization program to ensure compliance with technical rules and its experimental licensing program to promote new and innovative technologies and services. • The Office of the General Counsel serves as the FCC’s chief legal advisor. • The Office of the Inspector General conducts and supervises audits and investigations relating to FCC programs and operations. • The Office of Legislative Affairs serves as the liaison between the FCC and Congress, as well as other Federal agencies. • The Office of the Managing Director administers and manages the FCC. • The Office of Media Relations informs the media of FCC decisions and serves as the FCC’s main point of contact with the media. • The Office of Workplace Diversity develops, coordinates, evaluates, and recommends to the Commission policies, programs, and practices that foster a diverse workforce, and promotes and ensures equal employment opportunity (EEO) for all employees and applicants without regard to race, color, religion, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability (mental, intellectual, or physical), marital status, parental status, political affiliation, genetic information (including medical history), or any other basis protected by law. PURSUE A 100% BROADBAND POLICY The COVID-19 pandemic put a spotlight on the serious broadband gaps that exist across the country, including in rural infrastructure, affordability for low-income Americans, and at-home access for students. This continuing digital divide means millions of Americans do not have meaningful access to essential infrastructure for 21st century success. In response to the challenges that many Americans face, the agency should advance access to communications that are essential for Americans to work remotely, learn remotely, receive healthcare, and engage in commerce. To this end, the FCC will pursue policies to help bring affordable, reliable, high-speed broadband to 100 percent of the country. FY 2022 PERFORMANCE HIGHLIGHTS A key priority for the FCC is to pursue policies to address the existing broadband gaps across the country and to bring affordable, reliable high-speed broadband to all Americans. The FCC used several mechanisms and funding models to increase broadband service, including the Affordable Connectivity Program, the Emergency Connectivity Fund, the Rural Digital Opportunity Fund, the COVID-19 Telehealth Program, and the Connected Care Pilot Program. Affordable Connectivity Program The Affordable Connectivity Program (ACP) is a $14.2 billion federal initiative that helps low- income American households bridge the connectivity divide. It offers qualifying households discounts of up to $30 per month for broadband service, and up to $75 discount per month if the household is on Tribal lands. Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if the household contributes more than $10 and less than $50 toward the purchase price. It is a successor program to the Emergency Broadband Benefit Program, which helped almost 9 million afford internet access during the pandemic. Funding support for the Affordable Connectivity Program comes from the Infrastructure Investment and Jobs Act (IIJA). The Universal Service Administrative Company (USAC) is the administrator of the ACP program The FCC took the following actions regarding the Affordable Connectivity Program: ● Adopted an Order creating the “Your Home, Your Internet” one-year pilot program designed to raise awareness of the Affordable Connectivity Program among households receiving federal housing assistance through the Department of Housing and Urban Development. The Commission has set aside up to $10 million to support pilot-related activities. ● Established the Affordable Connectivity Outreach Grant Program (ACP Outreach Grant Program) to facilitate the promotion of the ACP and increase awareness of and participation in the ACP among eligible households. Through the ACP Outreach Grant Program, up to $70 million in grant funds will be available to enlist and empower trusted community messengers to develop innovative outreach strategies to reach historically underserved and unserved communities. Funding for the grant program will come from the $100 million the Commission designated for outreach efforts in its order establishing rules for the ACP. ● Opened a Notice of Inquiry to evaluate how the Lifeline program and ACP might help survivors of domestic violence and other harmful abuse get access to connectivity services and on whether the programs can be modified to support the connectivity needs of survivors. ● Proposed rules for collecting data on the price and subscription rates of internet service offerings received by households enrolled in ACP, to comply with a mandate in the IIJA. ● Adopted a Report and Order and Further Notice providing detailed guidance for ACP. Emergency Connectivity Fund The FCC's Emergency Connectivity Fund (ECF) is a $7.17 billion program to help schools and libraries provide tools and services their communities need for remote learning during the COVID- 19 emergency period. The ECF provides relief to millions of students, school staff, and library patrons. The initial application filing window closed on August 13, 2021, the second application filing window closed on October 13, 2021, and the third application filing window closed on May 13, 2022. USAC is the administrator of the ECF Program, and USAC and the FCC review and process applications on a rolling basis. As of the end of FY 2022, the Commission has committed over $5.9 billion to schools and libraries across the country as part of the ECF. As of the end of FY 2022, the program has provided support to approximately 10,000 schools, 900 libraries, and 100 consortia, and provided nearly 12 million connected devices and over 7 million broadband connections. Of the over $5.9 billion in funding commitments approved thus far, approximately $4.1 billion is supporting applications from Window 1; $833 million from Window 2; and $947 million from Window 3. Rural Digital Opportunity Fund The FCC moved forward with funding new broadband deployments through the Rural Digital Opportunity Fund (RDOF). The Commission also has created the Rural Broadband Accountability Plan, a new effort to monitor and ensure compliance for universal service high-cost programs including the RDOF. As of the end of FY 2022, the FCC authorized almost $5.2 billion, the majority of the almost $5.8 billion that was ready to authorize through the RDOF. The amounts ready to authorize are associated with winning bids attributed to 381 providers to fund new broadband deployments to over 3.2 million estimated locations in 47 states and one territory. The top three states covered by winning bids announced as ready to authorize include Mississippi, approximately $428 million, Michigan, approximately $353 million, and West Virginia, approximately $348 million. This funding supports projects using a range of network technologies, including gigabit service hybrid fiber/fixed wireless deployments that will provide service to end-user locations. Rural Health Care The FCC sought comment on further reforms to the Rural Health Care (RHC) Program rules to promote program efficiency and ensure that rural healthcare providers receive appropriate levels of funding. Rural Broadband The FCC voted to create a new Enhanced Competition Incentive Program (ECIP) to establish incentives for wireless licensees to make underutilized spectrum available to small carriers, Tribal Nations, and entities serving rural areas. The action builds upon Congressional goals in the MOBILE NOW Act to incentivize beneficial transactions in the public interest. The FCC sought comment on a proposal to provide additional universal service support to certain rural carriers in exchange for increasing deployment to more locations at higher speeds. The proposal would make changes to the Alternative Connect America Cost Model (A-CAM) program, with the goal of achieving widespread deployment of faster 100/20 Mbps broadband service throughout the areas served by rural carriers currently receiving A-CAM support. Alaska Plan The ten-year Alaska Plan reached its five-year midpoint on December 31, 2021, which was the deadline for the providers’ interim commitments. By this date, the mobile-provider participants of the Alaska Plan in the aggregate committed to bring the benefits of LTE to 57,000 Alaskans, whom were previously unable to benefit from this mobile technology. To ensure that the providers met their interim commitments, the Wireless Telecommunications Bureau is reviewing the providers’ FCC Form 477 coverage data, and consistent with the requirements of the Alaska Plan Order, the Wireless Telecommunications Bureau (WTB) adopted a drive test methodology for the two mobile providers receiving more than $5 million annually that they could use as a statistically significant demonstration of their coverage. The results of those drive tests were due September 30, 2022. Bringing Puerto Rico Together and Connect USVI Funds In April 2022, T-Mobile, one of the recipients of the Stage 2 mobile-service funds, petitioned the Commission to declare that the Stage 2 funds could be used for distributed antenna systems (DAS), which would provide mobile services solely within buildings, such as hospitals. In July 2022, the Wireline Communications Bureau (WCB) in consultation with the WTB, adopted a Declaratory Ruling clarifying that Stage 2 funds for Bringing Puerto Rico Together and Connect USVI Funds can be used for the construction of public or publicly accessible facilities that aid disaster response where the market would otherwise not support DAS deployment. COVID-19 Telehealth Program The FCC’s COVID-19 Telehealth Program supports the efforts of health care providers to continue serving their patients by providing reimbursement for telecommunications services, information services, and connected devices necessary to enable telehealth during the COVID-19 pandemic. In the FCC’s sixth and final funding announcement of Round 2 applications in FY 2022, the FCC approved an additional 100 applications for funding commitments totaling $47.89 million for its COVID-19 Telehealth Program. Round 2 is a $249.95 million federal initiative that builds on the $200 million program established as part of the CARES Act. Over the course of two funding rounds, this program approved 986 awards to providers in each state, territory, and the District of Columbia. Connected Care Pilot Program The FCC announced its fourth and final set of approved Connected Care Pilot Program projects. These 16 projects were approved for a total of $29,752,601 in funding. With the newly selected projects, the Connected Care Pilot Program is set to fund 107 projects serving patients in 40 states plus Washington, D.C. Combined with selections from the first three rounds, these selections bring the cumulative total to approximately $98.2 million in funding for Pilot projects. Auctions The FCC announced winning bidders in the 2.5 GHz band auction (Auction 108). In total, 7,872 of the 8,017 offered county-based licenses, or 98% of the total inventory, have been sold, with most of the available spectrum in the 2.5 GHz band located in rural areas. Auction 108 raised gross proceeds exceeding $427 million. The FCC granted 4,041 flexible-use licenses for wireless services in the 3.45 GHz band to winning bidders in Auction 110. Auction 110 made available 100 megahertz of mid-band spectrum for commercial use across the contiguous United States. The 3.45 GHz auction resulted in gross proceeds exceeding $22.5 billion. The FCC conducted Auction 112, which offered 27 construction permits for full power TV stations. The auction, which took 40 rounds of bidding over a period of seven days to complete, raised a total of $33,043,250 in net bids. Additional Broadband Related Activities The FCC’s WTB granted sixty-four additional 2.5 GHz spectrum licenses to serve Tribal and Alaskan Native communities and extended the performance deadlines for all recipients of licenses through the FCC Rural Tribal Priority Window. To date, 335 of these applications have been granted, paving the way for new advanced wireless services – including wireless broadband – for underserved rural Tribal communities. The FCC adopted a Report on the Future of the Universal Service Fund as required by Section 60104(c) of the IIJA. The FCC adopted an order updating rules in the E-Rate program to clarify that Tribal libraries can access funding to provide affordable internet access in their communities. The FCC issued a Public Notice to supplement the record in its rulemaking regarding expanding access to the 70/80/90 GHz band on whether High Altitude Platform Stations (HAPS) or other stratospheric-based platform services could be deployed for this purpose in these frequencies. The FCC issued a 180-day freeze effective on the filing of applications for licenses or other authorizations in the 12.7-12.75 GHz and 12.75-13.250 GHz bands (collectively, 12.7 GHz band), to preserve the current landscape of authorized operations in the 12.7 GHz band pending the Commission’s consideration of actions that might encourage the larger and more effective use of this radio spectrum in the public interest. As required by Section 60602 of the IIJA, the Chairwoman of the FCC, in partnership with the Secretary of Labor, established the Telecommunications Interagency Working Group to develop recommendations in a report to Congress to address the workforce needs of the telecommunications industry, including the safety of that workforce. The FCC’s WTB took a number of actions to approve new 3.5 GHz Environmental Sensing Capabilities for Spectrum Access Systems. The FCC adopted a Report and Order creating an Enhanced Competition Incentive Program with respect to wireless licenses. The FCC adopted a Notice of Inquiry concerning offshore spectrum needs and uses. The Eleventh Measuring Broadband America Report included a special section examining the effect of the first year of the COVID-19 pandemic on the key performance metrics – such as upload and download speed, latency, ad packet loss – that are tracked by the Measuring Broadband American program. Broadband Data Collection A key priority for the FCC is to pursue policies to address the existing broadband gaps across the country and to bring affordable, reliable high-speed broadband to everyone, everywhere. The Broadband Data Collection (BDC) is the culmination of the FCC’s effort to implement the Broadband DATA Act (BDA) and better identify areas where broadband internet access service is and is not available. Federal and state policymakers, in addition to the general public, have an urgent and compelling need for these broadband availability data, particularly given that they are a prerequisite to the distribution of broadband deployment funds made available through various funding programs, including most recently funds appropriated by Congress in the IIJA. Among other things, implementing the BDA required the Commission to develop complex new data platforms and interrelated systems to collect, validate, and map complete, granular, and reliable data collected from over 2,500 internet service providers, and for consumers and other stakeholders to submit challenges and other information to help verify and validate these data. It also required the Commission to develop a Broadband Serviceable Location Fabric (Fabric) database upon which all fixed broadband availability data would be overlaid, and to provide technical assistance to providers, consumers and other stakeholders. This fiscal year, the FCC continued to build on earlier actions creating the BDC and took the following key steps to bringing digital opportunity to all Americans, no matter where they live. • On February 22, 2022, the FCC’s Broadband Data Task Force (Task Force) and Office of Economics & Analytics (OEA) issued a public notice announcing the filing dates for the initial BDC availability data collection beginning on June 30, 2022. All fixed and mobile providers of mass-market broadband Internet access service were required to file broadband availability data as of June 30, 2022, no later than September 1, 2022. The data collected in this filing window informed the first FCC National Broadband Map released on November 18, 2022. Going forward, providers of mass-market broadband Internet access service will file broadband availability data on a biannual basis, as of December 31 and June 30 each year. • On November 29, 2021, the Commission awarded a contract for development of the Fabric, which is a dataset that serves as the foundation upon which all fixed providers use to file availability data. Following the resolution of a post-award protest in the Commission’s favor, the first version of the Fabric was finalized and made available to Internet service providers and governmental entities on June 23, 2022, in advance of the June 30, 2022, opening of the filing window for the BDC. • On March 4, 2022, the Commission published detailed technical specifications for the submission of subscription, availability and supporting data into the new BDC filing platform, and in April 2022, the Task Force, WCB, WTB, OEA, and the Office of Engineering and Technology (OET) issued guidance to state, local, and Tribal governmental entities for filing verified broadband availability data as part of the BDC. • On March 9, 2022, WTB, OEA, and OET adopted the technical requirements to implement the mobile challenge, verification, and crowdsourcing processes required by the BDA. Later that month, the FCC published data specifications to provide additional detail about the technical elements of on-the-ground data and infrastructure information that will be collected as part of the mobile challenge, verification, and crowdsource processes. In April 2022, the Task Force and OET issued a public notice announcing the technical requirements and procedures for approving third-party mobile speed test procedures for use in collecting and submitting mobile network performance data as part of the BDC. And on September 15, 2022, the Task Force and WTB established a process for entities to use their own software and hardware to collect on-the-ground mobile speed test data for use in the BDC mobile challenge process. • On September 12, 2022, following the deadline for filing of service availability data, the Commission began accepting bulk challenges to the Broadband Serviceable Location Fabric from state, local and Tribal governments and internet service providers. Additionally, on September 15, 2022, ahead of the beginning of the availability challenge process, the FCC released detailed data specifications for submitting bulk fixed availability data challenges. Throughout the fiscal year, the FCC fielded thousands of questions from filers, government entities, Tribal entities, and others to assist in the collection of this data as well as answer various questions from the public. In April 2022, the Task Force launched an online help center and other new resources to assist Internet service providers and other filers of verified broadband availability data prepare their submissions for the BDC filing windows. The BDC Help Center also includes technical assistance information for consumers, state, local, and Tribal governmental entities, and other third parties to navigate the FCC’s maps, challenge processes, and filing requirements, as well as an option to request further assistance via phone and email. Additionally, throughout the fiscal year, the FCC released numerous online tutorials, webinars, and filing workshops, and released guidance to the public on many aspects of the BDC. All of these resources have been posted in the BDC Help Center and on the Commission’s BDC webpage. PROMOTE DIVERSITY, EQUITY, INCLUSION AND ACCESSIBILITY The FCC will seek to gain a deeper understanding of how the agency’s rules, policies, and programs may promote or inhibit advances in diversity, equity, inclusion, and accessibility. The FCC will pursue focused action and investments to eliminate historical, systemic, and structural barriers that perpetuate disadvantaged or underserved individuals and communities. In so doing, the FCC will work to ensure equitable and inclusive access and facilitate the ability of underserved individuals and communities to leverage and benefit from the wide range of opportunities made possible by digital technologies, media, communication services, and next- generation networks. In addition, the FCC recognizes that it is more effective when its workforce reflects the experience, judgement, and input of individuals from many different backgrounds. Advancing equity is core to the agency’s management and policymaking processes and will benefit all Americans FY 2022 PERFORMANCE HIGHLIGHTS The FCC published an Equity Action Plan in support of the objectives of the Executive Order 13895. The Equity Action Plan focuses on concrete actions that the FCC is taking so that people across the country can count on and obtain access to the modern communications they need for work, learning, healthcare, and access to the information they require to make decisions about their lives, their communities, and their country. The Equity Action Plan highlighted the FCC’s efforts to launch the ACP, the ECF, and the FCC’s ongoing efforts to continually improve and expand the information provided through its broadband mapping efforts. Consistent with the Communications Act and as directed by the IIJA, the FCC established a Task Force to Prevent Digital Discrimination and opened a proceeding on how to prevent and eliminate digital discrimination to ensure that everyone has equal access to broadband internet access service. The FCC issued a Notice of Inquiry to start the process of establishing a shared understanding of the harms experienced by historically excluded and marginalized communities, with the intent of making meaningful policy reforms and systems improvements. The FCC adopted a Notice of Inquiry seeking public input on how to implement provisions in the IIJA that require the FCC to combat digital discrimination, and to promote equal access to broadband across the country, regardless of income level, ethnicity, race, religion, or national origin. EMPOWER CONSUMERS Consumers who are well informed about their rights and what they’re buying are more confident and more likely to participate in the digital economy. The FCC will tackle new challenges to consumer rights and opportunities stemming from digital transitions. The FCC also will pursue effective enforcement and new approaches to protect consumers from unwanted and intrusive communications, phone-based scams, telephone privacy issues, and other trends that affect consumers. The FCC will work to enhance competition and pursue policies that protect the competitive process to improve consumer choice and access to information. The FCC will work to foster a regulatory landscape that advances media competition, diversity, and localism. The FCC also must work to ensure the availability of quality, functionally equivalent communications services for persons with disabilities.. FY 2022 PERFORMANCE HIGHLIGHTS Robocall Related Actions The FCC continued to act aggressively to target and eliminate unlawful robocalls and robotexts: ● The FCC adopted rules to stop illegal robocalls that originate overseas from entering American phone networks. The new rules on gateway providers institute stringent compliance requirements to ensure that these providers comply with STIR/SHAKEN caller ID authentication protocols and require that they take additional measures to validate the identity of the providers whose traffic they are routing. Further, the new rules require gateway providers to respond to traceback requests in 24 hours, block calls where it is clear they are conduits for illegal traffic, and implement “know your upstream provider” obligations. ● The Commission adopted a Declaratory Ruling and Order that confirmed that ringless voicemails are calls using artificial or prerecorded voice and therefore are covered under the Telephone Consumer Protection Act. ● The FCC proposed new rules and sought comment on applying caller ID authentication standards to text messaging. It proposed requiring mobile wireless providers to block texts, at the network level, that purport to be from invalid, unallocated, or unused numbers, and numbers on a Do-Not-Originate list. The FCC also sought input on other actions the Commission might take to address illegal texts, including enhanced consumer education ● The FCC shortened the amount of time afforded to certain small voice service providers for implementing caller ID authentication using the STIR/SHAKEN framework. ● The FCC announced new robocall investigation partnerships with the Attorneys General of Iowa, Florida, Louisiana, Maine, Massachusetts, Mississippi, Nevada, New Hampshire, and South Carolina. Forty-three states, the District of Columbia, and Guam have signed Memoranda of Understanding to share evidence, coordinate investigations, pool enforcement resources, and work together to combat illegal robocall campaigns and protect American consumers from scams. The FCC undertook the following enforcement actions with respect to robocalls: ● The Enforcement Bureau ordered phone companies to stop carrying traffic regarding a known robocall scam marketing auto warranties targeting billions of consumers. ● The FCC proposed a $116,156,250 fine for robocalls made in an apparent toll-free traffic pumping robocalling scheme. The nearly 10 million robocalls were apparently made to generate toll-free dialing fees for the robocaller. ● The FCC proposed a $45 million fine against a company that conducted an apparently illegal robocall campaign to sell health insurance under the pretense that the annual enrollment period had been reopened due to the coronavirus pandemic. This is the largest Telephone Consumer Protection Act (TCPA) robocall fine ever proposed by the Commission. ● The FCC sent cease-and-desist letters to more than a dozen voice service providers suspected of facilitating illegal robocall traffic. All providers responded and committed to take actions to stop the flow of robocalls on their networks. ● The FCC took action to ensure that voice service providers meet their commitments and obligations to implement STIR/SHAKEN standards to combat spoofed robocall scams. Specifically, two voice service providers lost a partial exemption from STIR/SHAKEN because they failed to meet STIR/SHAKEN implementation commitments and have been referred to the FCC’s Enforcement Bureau for further investigation. ● The FCC sent cease-and-desist letters to three network providers demanding that these providers immediately cease originating illegal robocall campaigns on their networks, many of which originated overseas, and report to the FCC the steps they are implementing to prevent a recurrence of these operations. Additional Enforcement Actions The FCC undertook a number of enforcement actions and investigations in fulfilling its mission to enforce the Commission’s rules and protect consumers from illegal or unfair practices. Results of those actions and investigations included: ● A proposed forfeiture of $3,374,000 against 21 broadcast television licensees for apparently violating rules limiting commercial matter in children’s programming. ● A fine of $685,338 against a seller of audio and video electronics and accessories for marketing thirty-two noncompliant radio frequency device models, specifically wireless microphones. ● The FCC upheld a $22,000 fine for use of a signal jammer in Dallas, Texas. The FCC’s Enforcement Bureau took the following actions: ● A proposed fine of $100,000 against a company for failing to adequately and promptly respond to an inquiry as part of an FCC investigation into an alleged security flaw in the company’s app, which may have permitted unauthorized access to consumer proprietary information. ● Proposed fines of $4,353,774 against 73 applicants and two bidding consortia in the RDOF auction (Auction 904) for apparently violating Commission requirements by defaulting on their bids. By the end of FY 2022, 80% of the applicants had fully paid their forfeiture penalties, resulting in collections of over $1.7 million. ● A proposed fine of $100,000 against a telecommunications carrier for apparently violating its obligation to provide the Enforcement Bureau with information necessary to determine whether the company’s visual voicemail service is accessible to persons with disabilities. ● A proposed forfeiture of $220,210 against a communications company for apparently willfully and repeatedly engaging in conduct that violated the federal wire fraud statute and the Commission’s rules with respect to the Emergency Broadband Benefit Program. ● A proposed $34,000 fine for apparently interfering with radio communications that were guiding fire suppression aircraft combating the 2021 “Johnson fire” near Elk River, Idaho. ● A proposed forfeiture of $100,000 against a broadband provider for apparently repeatedly engaging in prohibited communications of its bidding and bidding strategies during the Commission’s RDOF Auction (Auction 904), and its failure to timely report such prohibited communications. ● A proposed fine of $660,639 against a telecommunications company for apparently exceeding statutory limits for ownership by foreign individuals or entities holding equity or voting interests in FCC-issued licenses without Commission approval. The FCC’s Enforcement Bureau took the following actions with respect to settlements and consent decrees: ● Reached a settlement with a communications company to resolve an investigation into the company’s practices for determining rural rates and retention of RHC documents. The company will pay a settlement amount of $1,204,445, which includes a $200,000 civil penalty, and implement enhanced compliance measures in connection with its participation in the RHC Program. ● The FCC and DOJ reached a $13.4 million settlement with a wireless company in connection with violations of FCC Lifeline program rules. The settlement resolves allegations that the company violated the False Claims Act by signing up more than 175,000 ineligible customers for the Lifeline program. ● Settled five investigations into communications providers’ compliance with the FCC’s 911 reliability rules during network outages. The combined settlement payments total more than $6 million. ● Settled with a communications company and its wholly-owned subsidiary, to resolve investigations into their practices as a provider of Internet Protocol Captioned Telephone Service (IP CTS), an internet-based form of Telecommunications Relay Services (TRS). In addition to paying a $12.5 million civil penalty, the company will reimburse $28 million to the TRS Fund, and enter into a compliance plan. This action represents the largest recovery of monies for the TRS Fund and the largest fine for violations of the TRS rules. ● Entered into a Consent Decree to resolve an investigation into whether a telecommunications company failed to comply with the FCC’s 911 rules. The company agreed to pay a $19,500,000 settlement payment and implement a compliance plan. ● Announced eight settlements with covered 911 service providers, which will pay penalties for failing to timely file their required 911 service reliability certification in 2020. Companies agreed to pay penalties ranging from $3,500 to $7,500. ● Entered into a Consent Decree to resolve an investigation into whether a company constructed wireless facilities without complying with the FCC’s environmental and historic preservation rules. The company agreed to pay a $950,000 civil penalty and implement a compliance plan. Additional Consumer Related Actions The FCC adopted rules to require inmate calling services providers to provide access to all relay services eligible for Telecommunications Relay Services fund support in any correctional facility that is located where broadband is available and is part of a correctional system with 50 or more incarcerated people. The rule also restricts provider charges for relay services and point-to-point video calls. The FCC proposed rules that would require broadband providers to display easy-to-understand labels to allow consumers to comparison shop for broadband services. The FCC adopted rules to expand access to the National Suicide Prevention Lifeline by establishing the ability to text 988 to directly reach the Lifeline to better support at-risk communities in crisis, including youth and individuals with disabilities. ENHANCE PUBLIC SAFETY AND NATIONAL SECURITY The FCC will pursue policies to promote the availability of secure, reliable, interoperable, redundant, and rapidly restorable critical communications infrastructure and services. The FCC also will promote the public’s access to reliable 911 and emergency alerting and support public safety’s access to first responder communications. The FCC will work in coordination with state, local, and Tribal governments and territorial government partners, and industry stakeholders to support disaster response and to ensure the nation’s defense and homeland security. FY 2022 PERFORMANCE HIGHLIGHTS The FCC took several actions to improve public safety and national security: ● The FCC updated its Emergency Alert System (EAS) rules to require broadcasters, cable systems, and other EAS participants to transmit the Internet-based version of alerts to the public when available, rather than transmit the legacy version of alerts. ● The FCC also adopted rules requiring EAS Participants to replace the technical jargon that now automatically appears in the text of certain messages, including EAS test announcements, with plain language that will be more easily understood by the public and provide more accurate information for individuals who cannot access the audio message. ● The FCC launched an examination into the state of technology that can more precisely route wireless 911 calls to the proper 911 call center, which could result in faster response times during emergencies. ● The FCC updated its priority services rules to clarify service providers’ authorization to prioritize data, video, and IP-based voice services for eligible users on a voluntary basis, and removed outdated requirements that may cause confusion or impede the use of IP- based technologies. ● The FCC proposed to strengthen the effectiveness of Wireless Emergency Alerts, including through public reporting on the reliability, speed, and accuracy of these messages. ● The FCC adopted two Orders ending the ability of three entities ultimately owned by the Chinese government, including China Unicom (Americas) Operations Limited, Pacific Networks Corporation, and Pacific Network’s subsidiary ComNet (USA) LLC, to provide domestic interstate and international telecommunications services within the United States. ● The FCC published updates to the covered list of communications equipment and services that pose an unacceptable risk to national security or the security and safety of U.S. persons in March and September of 2022, pursuant to the Secure and Trusted Communications Networks Act. ● The FCC launched the Secure and Trusted Networks Program, which is a $1.895 billion program to reimburse providers of advanced communications services for costs reasonably incurred in removing, replacing, and disposing of communications and equipment that pose an unacceptable risk to national security. ● The FCC worked extensively with key government partners to promote greater safety and security of the U.S. communications networks, including transoceanic undersea cables. ● The Commission activated the Disaster Information Reporting System and deployed personnel in support of the whole-of-government response to Hurricanes Fiona and Ian. ● The Commission adopted new rules under the “Mandatory Disaster Response Initiative” to require roaming and mutual aid among facilities bases mobile wireless providers during disasters. ● In FY 2022, the Commission acted on 69 Team Telecom Committee recommendations for applications filed by applicants with foreign ownership, including 65 grants conditioned on compliance with the terms of national security and law enforcement mitigation agreements that applicants signed with the Team Telecom Committee agencies. ● The Commission implemented new rules, adopted in 2021, to grant applications to share outage reporting information with qualified Federal, state, territorial, and tribal emergency response agencies to enhance network resilience and situational awareness during times of crisis. ● The FCC proposed rules to enhance the operational readiness and security of the nation’s public alert and warning systems, the Emergency Alert System and Wireless Emergency Alerts. ● The FCC submitted the 13th annual report to Congress on the collection and distribution of 911 and Enhanced 911 (E911) fees and charges by the states, the District of Columbia, and U.S. territories(states and taxing jurisdictions). ● In April 2022, the Office of Communications Business Opportunities and Public Safety and Homeland Security Bureau leaders met with a multi-national delegation of government and private-sector leaders to share best practices and available online resources to help small businesses grapple with the continuing challenges of cybersecurity. ADVANCE AMERICA’S GLOBAL COMPETIVENESS The FCC will take action to promote investment and advance the development and deployment of new communications technologies, such as 5G, that will allow the nation to remain a global leader in an increasingly competitive, international marketplace. The FCC will identify incentives and policies to close security gaps and accelerate trustworthy innovation. The FCC will work with its federal partners to advocate for US interests abroad. FY 2022 PERFORMANCE HIGHLIGHTS The FCC announced the signing of an updated Memorandum of Understanding (MOU) with the Body of European Regulators for Electronic Communications (BEREC) that expands this current partnership, with a new focus on combating unwanted robocalls and the promotion of 5G, 6G, and beyond. The FCC commenced a new Space Innovation initiative involving three lines of effort: first, updating rules to reflect the new Space Age, second, promoting space innovation in new areas of growth such as satellite services and making more spectrum available for space use, and third, supporting space sustainability in areas such as orbital debris management. The FCC opened Notices of Inquiry in the following areas: ● To examine the opportunities and challenges of space missions like satellite refueling, inspecting and repairing in-orbit spacecraft, capturing and removing debris, and transforming materials through manufacturing while in space. The proceeding will also review the spectrum needs of these missions, implications on the FCC’s orbital debris rules, and any unique regulatory issues presented by In-space servicing, assembly, and manufacturing activities beyond Earth’s orbit. ● To begin gathering information on the possible current and future needs, uses, and impacts of offshore wireless spectrum use. With wind turbine projects, cruise ships, oceanography, and other offshore projects possibly benefiting from increased spectrum access and updated spectrum management guidelines, the Notice of Inquiry sought comment on how best to address these needs and input on the possible future demand and use cases for offshore spectrum. ● To explore options for promoting improvements in radio frequency receiver performance, including through use of incentives, industry-led voluntary approaches, Commission policy and guidance, or regulatory requirements. The FCC adopted new rules requiring satellite operators in low-Earth orbit to dispose of their satellites within 5 years of completing their missions. The new rules shorten the decades-old 25- year guideline for deorbiting satellites post-mission and will also afford satellite companies a transition period of two years. The FCC proposed revisions to its rules for spectrum sharing among non-geostationary satellite orbit, fixed-satellite service systems. The proposed revisions would seek to facilitate the deployment of the new generation of low-Earth orbit satellite systems, including new competitors. The FCC updated its rules for the 17 GHz band to support additional spectrum for satellite broadband. The FCC approved the transfer of control of TracFone Wireless from América Móvil to Verizon Communications. The FCC approved Gray Television’s acquisition of Meredith Corporation. This $2.8 billion transaction consisted of 16 full-power television stations in 12 markets. The FCC approved an application from The Boeing Company for authority to construct, deploy, and operate a low-earth orbit satellite constellation to provide broadband services.. The FCC provided opportunities for new entities to become broadcast licensees by conducting a filing window for Noncommercial Educations (NCE) FM Stations. This opportunity was the first opening of an NCE filing window since 2007. The FCC proposed rules that would modify the intercarrier compensation regime to address ongoing harmful arbitrage practices that raise costs for long-distance carriers and their customers. The Commission sought comment on proposed changes to its Access Stimulation Rules to ensure that they apply to traffic that terminates through providers of IP-enabled services. FOSTER OPERATIONAL EXCELLENCE The FCC should be a model for excellence in government by effectively managing its resources, maintaining a commitment to transparent and responsive processes that encourage public involvement and decision-making that best serves the public interest, and encouraging a culture of collaboration both internally and across government agencies. FY 2022 PERFORMANCE HIGHLIGHTS The FCC updated the DTV Table of Allotments and related rules to reflect the digital transition, completion of the post-incentive auction repack, current technology, and/or Commission practices. This item marks the first comprehensive review of Part 73 since the digital transition. The FCC sought comment on improving transparency and efficiency in the competitive bidding process for the E-Rate program. The proposal would require bids for E-Rate services and equipment to be uploaded into a centralized document portal managed by USAC. The FCC updated its political programming and recordkeeping rules for broadcast licensees, cable television system operators, Direct Broadcast Satellite service providers, and Satellite Digital Audio Radio Service licensees to reflect modern campaign practices and increase transparency. The FCC updated its rules in the E-Rate program to clarify that Tribal libraries can access funding to provide affordable internet access in their communities. The Order updates the definition of “library” in the E-Rate program rules to make clear that it includes Tribal libraries, resolving a longstanding issue that limited their access to affordable broadband connectivity through the program. The FCC updated Part 74 rules for low power television (LPTV) and TV translator services (collectively “LPTV/translator”) to reflect the current operating environment, including the termination of analog operations in the LPTV/translator service as of July 13, 2021. The FCC proposed updating its rules to ensure TV stations and pay TV providers are using the same data to determine which stations are “local.” The proposed updates would remove outdated publications from the FCC’s rules, and replace them with the most up-to-date market information. The FCC updated its broadcast radio technical rules by eliminating or amending outdated or unnecessary regulations contained in the Code of Federal Regulations. This modernization included providing FM and Low Power FM (LPFM) applicants using directional antennas the option of verifying the directional pattern through the use of computer modeling. The FCC held a workshop on environmental and historic preservation review processes that are required prior to the construction of communications facilities supporting Commission-licensed services. The workshop included information relevant to the construction of new communications towers and the collocation of communications equipment on existing towers and other structures, including requirements for Antenna Structure Registration. The workshop also included information on industry and the public’s involvement in the review processes. The FCC launched a Spectrum Coordination Initiative, in conjunction with NTIA, to improve U.S. government coordination on spectrum management. Managing the spectrum resource is central to the FCC’s mission and effective spectrum decision-making is critical for fostering economic growth, ensuring national and homeland security, maintaining U.S. global leadership, and advancing other vital needs. The Initiative has already resulted in tangible process improvements and, most notably, produced the first revision of the joint FCC-NTIA memorandum of understanding on spectrum coordination in nearly 20 years. The FCC, in collaboration with the Federal Emergency Management Agency (FEMA) and the Cybersecurity and Infrastructure Security Agency, updated the National Response Framework Emergency Support Function #2 Communications Annex to more accurately reflect the Commission’s roles and responsibilities during disasters, as well as to solidify the Commission’s commitment to managing communications risk and ensuring the safety of life and property. The Commission continued to expand its role and influence with the 10 FEMA regions, taking a more active role in the FEMA Regional Emergency Communications Coordination Working Groups. The FCC reviewed and processed 866,787 applications and complaints in FY 2022, meeting its Speed of Disposal (SOD) goals 97.5% of the time. See results below: BUREAU/OFFICE FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 CONSUMER AND GOVERNMENTAL AFFAIRS 99.0% 99.7% 99.9% 99.9% 99.00% 99.9% 99.7% INTERNATIONAL3 81.8% 88.4% 92.9% 52.7% 26.7% 77.9% 65.5% MEDIA 91.3% 95.9% 99.1% 97.0% 96.8% 96.8% 94.0% ENGINEERING AND TECHNOLOGY 98.8% 98.9% 93.9% 97.5% 98.5% 97.6% 97.8% PUBLIC SAFETY AND HOMELAND SECURITY 98.7% 98.7% 98.8% 98.0% 98.4% 97.7% 98.7% WIRELESS TELECOMMUNICATIONS 97.5% 97.4% 95.6% 90.8% 91.0% 93.8% 96.5% WIRELINE COMPETITION 98.7% 97.2% 97.3% 97.3% 98.6% 99.0% 96.2% FCC TOTAL 98.0% 98.3% 97.7% 94.7% 93.6% 96.1% 97.5% 3 The International Bureau’s speed of disposal for non-routine 214 applications is affected by the consultation with the Executive Branch on foreign ownership issues under the Commission’s rules that allow for an initial 120-day review period, with a possible 90-day secondary review period, once the review commences. The International Bureau’s SOD numbers for earth station applications are significantly affected by the Commission decision in early 2020 to transition 300 megahertz of satellite C-band spectrum to 5G terrestrial use. The processing of thousands of C-band earth station applications and registrations filed in 2018 continued throughout FY 2021. In addition, to enable the successful completion of Phase I of the C-band transition in the first quarter of FY 2022, IB earth station processing staff had to review during FY 2021 lump sum elections for more than 50% of incumbent earth stations as well as work with earth station operators to resolve issues regarding the accuracy of their information in IBFS.