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On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet.

The core question discussed at the hearing was whether current antitrust law is sufficient to ensure net neutrality absent FCC rules. The panelists—including FTC Acting Chairman Maureen Ohlhausen and Commissioner Terrell McSweeney; former FCC Commissioner Robert McDowell; and Michael Romano, NTCA Senior Vice President of Industry Affairs and Business Development—and committee members were generally divided down party lines, with Republicans arguing that FCC rules were both unnecessary and counterproductive and Democrats arguing that rules were necessary to ensure an open Internet, free expression, and innovation.  
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Last week, the FCC’s Public Safety and Homeland Security Bureau released a Public Notice (“Notice”) urging communications service providers to review and assess how they can incorporate the recommendations from Communications Security, Reliability, and Interoperability Council (“CSRIC”) V, Working Group 10 March 2017 Report to abate security signaling system 7 (“SS7”) protocol vulnerabilities(the “SS7 Report”).  SS7 is a communications protocol used within telephone networks to aid call setup, routing, billing and other functions between fixed and mobile service providers.

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On July 18, 2017, the National Telecommunications and Information Administration (“NTIA”) hosted a virtual meeting of its multistakeholder process to address Internet of Things (“IoT”) patching and security upgrades.  The July 18th meeting represents the fourth gathering of multistakeholders in this process.

During the July 18th meeting, four working groups presented: (1) the Communicating Upgradability and Improving Transparency working group; (2) the Incentives, Barriers, and Adoption working group; (3) the Standards working group; and (4) the Technical Capabilities and Patching Expectations working group.


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Below is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on July 13, 2017.  Consistent with the trend since he took over the Commission, Chairman Ajit Pai continues to schedule a large number of items.  Indeed, for the sixth month in a row, the Commission has six or more items on its agenda.  This month, the agenda consists of eight items, two Notices of Proposed Rulemaking, two Notices of Inquiry, two Reports and Orders, and one Order on Reconsideration.

Each agenda item is summarized below.  Note: these brief summaries are based on draft items, which may differ from the final items released following the Open Meeting.  Please check with Kelley Drye after the meeting for more information on the items below.


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iStock_000006131068MediumThis is Kelley Drye’s preview of the items under consideration at the Federal Communication Commission’s (FCC’s) upcoming monthly Open Meeting, to be held on June 22, 2017.  Chairman Ajit Pai continues to schedule a large number of items each month, reflecting an ambitious agenda for the agency.  Indeed, for the fifth month in a row,

Kelley Drye is excited to support the next Presidio Forum on “Securing (and Regulating) the Internet of Things: Policy, Innovation & Investment,” in San Francisco on June 20, 2017.  The forum will present a candid discussion exploring today’s expanding IoT threat landscape, continued rise of regulatory interests and the increasing venture capital investment for IoT

iStock_000006131068MediumOn April 27, 2017, the Federal Communications Commission (FCC or Commission) released the draft text of a notice of proposed rulemaking (NPRM) that would launch a new FCC proceeding (WC Docket No. 17-108) to roll back the Commission’s 2015 Open Internet Order and take steps to “restore Internet freedom” by deregulating broadband Internet access service (BIAS).  As discussed in more detail below, in the NPRM, the Commission proposes to restore the regulatory framework in place before the 2015 Open Internet Order (which the NPRM calls the “Title II Order”), and seeks comment on how best to achieve that outcome.

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On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications Commission (FCC) (the Joint Resolution).  Members of Congress largely voted along partisan lines. The House approved the Joint Resolution by a 215-205 vote and the Senate approved it by a 50-48 vote.
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01_CFE_12_05_11_NASAOn January 19, 2017, CTIA issued a new guidance document developed by industry stakeholders with voluntary best practices for businesses that participate in the wireless messaging ecosystem entitled “Messaging Principles and Best Practices,” (Messaging Best Practices). The Messaging Best Practices present a revised approach to wireless messaging, replacing the previous SMS and MMS Interoperability Guidelines with “a broader, simpler and less technical set of recommendations that reflect an evolving wireless messaging ecosystem.”
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iStock_000006131068MediumFederal Communications Commission (FCC or Commission) Chairman Ajit Pai marked his first open meeting as Chairman by announcing a new Broadband Deployment Advisory Committee (Committee), which is intended to advise the FCC on accelerating the deployment of high-speed internet access in communities across the country.  Designed to make recommendations to reduce and remove regulatory barriers to infrastructure investment, the Committee will develop specific reforms to the FCC’s pole attachment rules, identifying unreasonable regulatory barriers to broadband deployment, ways to encourage local governments to adopt deployment-friendly policies, and other reforms within the Commission’s authority, including provisions under the Middle Class Tax Cut and Job Relief Act of 2012.
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