In this edition of the ICORE Blog we discuss recent events at the FCC. Please note the following:
* Performance Testing Certification
In the April 4, 2025 edition of the ICORE Blog we discussed the timely filing and certification of broadband performance testing results. Carriers participating in CAF Programs including CAF BLS and the ACAM Programs must file and certify the results of their performance testing results for the four quarters of 2024 by July 1, 2025. Failure to comply with these requirements on a timely basis will result in a reduction of high-cost support.
In the April 4, 2025 ICORE Blog we also discussed the fact that numerous carriers were notified by USAC of impending support reductions related to the failure to certify network performance tests for all or certain quarters of 2023 by the deadline of July 1, 2024. Many of these carriers filed requests for waiver of the support reductions citing reasons related to difficulties encountered when interacting with USAC’s Performance Measures Module (PMM). In a April 1, 2025 Public Notice, the FCC waived the certification deadline for carriers who petitioned for waivers and that had conducted performance testing and had timely uploaded all four quarters of testing results but failed to certify one or more quarters.
On May 14, 2025, the FCC’s Wireline Competition Bureau (WCB) issued an Order addressing the petitions for waiver that did not meet the criteria detailed above regarding the previous waivers addressed in the April 1, 2025 Public Notice. The May 14, 2025 Order states that for carriers that notified USAC prior to the July 1, 2024 deadline to indicate that they would not have data to submit for certain quarters of 2023 or to indicate that they notified USAC that they had technical difficulties testing or interacting with USAC systems, these clear and documented notifications will be considered the equivalent of a timely certification. For these carriers, USAC is directed to restore any support that was withheld. Carriers that failed to upload performance data, failed to certify results, and failed to communicate with USAC prior to the July 1, 2024 deadline will face support reductions. The Order states for these carriers that contacted USAC after July 1, 2024 deadline, the date the carrier contacted USAC or responded to USAC will be considered the certification date. In addition, the WCB will consider carriers that had no subscribers to test to have timely certified their performance testing. On June 13, 2025, several carriers filed Petitions for Reconsideration of the WCB’s May 14, 2025 Order.
* BDC Professional Engineer Certification
At its June 26, 2025 open meeting, the FCC is scheduled to consider a Report and Order that would eliminate the professional engineer certification requirement for the biannual BDC filings and instead allow the biannual filings to be certified by a qualified engineer. A qualified engineer is defined as:
* A corporate officer possessing a B.S. Degree in engineering and who has direct knowledge of and responsibility for the carrier’s network design and construction; or
* An engineer possessing a bachelor’s or postgraduate degree in electrical engineering, electronic engineering, or another similar technical discipline, and at least seven years of relevant experience in broadband network design and/or performance; or
* An employee or agent with specialized training relevant to broadband network engineering and design, deployment, and/or performance, and at least 10 years of relevant experience in broadband network engineering, design, and/or performance.
* A certifying engineer does not have to be a full-time employee of the broadband service provider but instead can be an independent contractor or third-party consultant.
The Commission anticipates that this change will reduce for most BDC filers the cost and burdens associated with procuring a licensed professional engineer to certify their biannual BDC filings.
We will continue to follow these issues closely and will provide updates as additional information becomes available.
