FCC or Federal Communications Commission

On April 27, 2022, the Federal Communications Commission’s February 2022 Report and Order and Declaratory Ruling adopting rules proscribing or conditioning certain practices by common carriers and multichannel video programming distributors (“MVPDs”) as they serve multiple tenant environments (“MTEs”) takes partial effect. The Report and Order and Declaratory Ruling complement earlier actions by the Commission taken more than fifteen years ago prohibiting telecommunications carriers from entering into or enforcing exclusivity contracts with MTE owners in both commercial and residential MTEs prohibiting certain MVPDs from entering into or enforcing exclusivity contracts with residential MTE owners. Generally, the new rules adopted this year prohibit providers from entering into certain types of revenue sharing agreements with MTE owners, and require affected providers to disclose the existence of exclusive marketing arrangements they have with MTE owners in simple, easy-to-understand language. With the March 28, 2022, publication of the Report and Order in the Federal Register, it generally goes into effect on April 27, but there are exceptions which delay the effectiveness of some of the key provisions which providers should be aware of, pushing out compliance of parts of the new rules to September 24, 2022, and possibly even later.

A few points regarding the scope of the new rules may be helpful. The term MTE includes both commercial and residential premises, such as apartment buildings, condominium buildings, shopping malls, or cooperatives occupied by multiple tenants, but, in the case of the proscriptions described here, MVPDs are affected only in residential MTEs whereas common carriers are affected in all MTEs.  MVPDs include cable operators, satellite cable programming vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendors. Broadband-only providers that do not meet the definition of common carrier or MVPD are not subject to the new rules.

Continue Reading Sorting Out the Multi-Step Phase-In of the FCC’s February 2022 Multi-Tenant Environment Order

Full Spectrum’s FCC Open Meeting Recap podcasts feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, Partner Chip Yorkgitis and Associate Belen Crisp discuss key actions and topics from the April 21st meeting, including a look at the role receiver

Full Spectrum returns with our newest series, FCC Open Meeting Recaps. These episodes will feature instant reaction and analysis following the FCC’s monthly Open Meetings, with an emphasis on the agenda items directly impacting our clients. This month, partners Tom Cohen, Hank Kelly and Chip Yorkgitis discuss key actions and topics from the March 16th

The FCC released its agenda for the next Commission Open Meeting, scheduled for January 27, 2022. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) that would require all broadband Internet access service providers (“ISPs”) to disclose information about various aspects of their service to consumers at the point of sale (“ISP NPRM”). The FCC will address a Report and Order that would amend the E-Rate program rules to clarify that Tribal libraries are eligible for E-Rate support (“E-Rate Tribal Order”). The commissioners also will consider a Second Order on Reconsideration and Order that would revise rules governing white space spectrum to ensure that wireless microphones are protected from harmful interference (“White Space Order”). In addition, the FCC will focus on an NPRM that would propose to amend the equipment authorization rules to incorporate updated technical standards (“Equipment NPRM”).

You will find more information about the items on the January meeting agenda after the break:

Continue Reading FCC’s January Meeting Agenda Includes Proposed Disclosures for All Broadband Providers

Yesterday, FCC Chairwoman Jessica Rosenworcel circulated a Notice of Proposed Rulemaking (“NPRM”) with her colleagues on the Commission to update the agency’s rules for notifying customers and federal law enforcement of breaches involving customer proprietary network information (“CPNI”). According to a press release, the proposed “updates would better align the Commission’s rules with recent developments in federal and state data breach laws covering other sectors.”

The Chairwoman’s proposal is significant because it signals a potentially more active FCC in consumer protection as the Democrats solidify control of the agency following the Presidential transition and Chairwoman Rosenworcel’s elevation from Acting Chair to Chair. The scope of the proposal appears to be fairly narrow (based on the limited information currently available) but represents the second CPNI-related action proposed in the past three months. Once a fifth commissioner is confirmed, Chairwoman Rosenworcel may be able to press a broader consumer protection agenda for the agency.

Continue Reading Rosenworcel Moves to Update Data Breach Reporting Requirements Under CPNI Rules

The FCC released a streamlined agenda for its next Commission Open Meeting, scheduled for December 14, 2021. The agency will consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry regarding how to improve the clarity and accessibility of Emergency Alert System (“EAS”) visual messages to the public, including persons who are deaf or hard of hearing, and to seek comment on other EAS improvements, such as redesigns to enable matching visual and audio alert content (“EAS NPRM”). The FCC will next address an Order and Notice of Proposed Rulemaking that would grant a petition for rulemaking filed by Space Exploration Holdings, LLC (“SpaceX”) to amend the spectrum sharing rules applicable to non-geostationary satellite orbit, fixed-satellite service (“NGSO FSS”) systems (“Satellite Spectrum Sharing NPRM”). The commissioners will close the meeting by considering a NPRM that would propose to establish a central bidding portal through which service providers would submit their bids to the E-Rate program administrator, the Universal Service Administrative Company (“USAC”) (“E-Rate NPRM”).

You will find more information about the items on the December meeting agenda after the break:

Continue Reading FCC’s December Meeting Agenda Includes Emergency Alerts, Satellite Broadband and E-Rate Items

Recent natural disasters like Hurricane Ida have highlighted the importance to the Federal Communications Commission (“FCC” or “Commission”) of stable communications networks. Such disasters can cause disruptions and delays to the transmission of 911 calls, first responder communications, Emergency Alert Systems (“EAS”), and other important communications during emergencies. The FCC adopted a Notice of Proposed Rulemaking (“NPRM”) seeking comment on proposed rules to improve the resilience and reliability of communications networks during emergencies at its September Open Meeting. The NPRM was published in the Federal Register on November 4, 2021 and therefore comments are due on December 6, 2021, and reply comments are due on January 4, 2022.

Continue Reading Early December Deadline for Comments on FCC’s Resilient Networks NPRM

The FCC released a light agenda for its next Commission Open Meeting, scheduled for November 18, 2021. The agency will consider a Second Report and Order to require covered text providers to support text messaging to 988 by routing those texts messages to the National Suicide Prevention Lifeline (“Lifeline”). The FCC will next address a Further Notice of Proposed Rulemaking (“FNPRM”) to adopt an incentive program to encourage licensees to make spectrum available to small carriers and Tribal Nations, as well as to carriers seeking to expand wireless services in rural areas. The FCC will also review a Notice of Proposed Rulemaking (“NPRM”) to assess whether FM and Low Power FM (“LPFM”) broadcast radio license applicants can verify directional antenna patterns by computer modeling instead of by taking physical measurements. The FCC will close its meeting by considering a Declaratory Ruling and Order (“Order”) that would grant Knéis, a French private satellite operator, with access to the United States market so that it can support connectivity for Internet of Things (“IoT”) devices and improved data collection.

You will find more information about the items on the November meeting agenda after the break:

Continue Reading FCC’s November Meeting Agenda Focuses on Enabling Text-to-988 for Suicide Prevention and Spectrum Access to Close the Digital Divide

On November 2, 2021, the Federal Communications Commission’s (“FCC’s) Wireless Telecommunications Bureau (“Bureau”) published a public notice in the Federal Register focused on asking whether the 71-76 GHz, 81-86 GHz, 92-94 GHz, and the 94.1-95 GHz bands (“70/80/90 GHz Bands”) could be used “to provide broadband Internet access to consumers and communities that may otherwise lack robust, consistent connectivity.” The Commission is particularly interested whether stratospheric-based platforms, such as High Altitude Platform Stations (“HAPS”), which operate above twenty kilometers (approximately 65,000 feet), could be deployed for this purpose in the 70/80/90 GHz Bands.  Comments are due by December 2, 2021, and replies by January 3, 2022.

Continue Reading Looking to the Skies: The FCC Seeks Additional Information on Potential Stratospheric-Based Communications Platforms and Services

Over the past few years, the data collection and use practices of Internet Service Providers (“ISPs”) have largely flown under the radar while large internet platforms and the broader adtech industry have been under greater scrutiny. That respite may be coming to end following a staff report released last week by the FTC detailing the scope of ISPs’ data collection and use practices. The staff report was based on orders issued in 2019 under Section 6(b) of the FTC Act and puts ISPs and large platforms on similar footing, observing that “many ISPs in our study can be at least as privacy-intrusive as large advertising platforms.” In addition, the staff report finds that several ISP data practices could cause harm to consumers but does not go as far as calling any practices unfair or deceptive.

What the FTC will do with the staff report is less clear. The Commission voted unanimously to release the report, which does not make any specific policy recommendations. Members of the Commission, however, drew their own conclusions and articulated starkly different outlooks on the report’s implications. Chair Lina Khan and Commissioner Rebecca Kelly Slaughter declared that the FCC should play a leading role in overseeing ISPs’ data practices, citing the FCC’s industry expertise and legal authority. Commissioner Christine Wilson, however, stated that “oversight of ISPs for privacy and data security issues should remain at the FTC.” ISPs’ data practices – and the broader question of whether the FCC should reclassify broadband service back to a Title II telecommunications service and re-impose strict broadband privacy rules – are likely to be prominent issues as the Biden FCC takes shape in the months ahead.

Continue Reading FTC Staff Report Puts Spotlight Back on ISP Data Collection and Use Practices; FCC Re-Regulation Suggested