Earlier this week, the Federal Communications Commission (“FCC”) announced a limited exemption from the obligation that holders of international Section 214 authority respond to a forthcoming one-time information request concerning their foreign ownership. The narrow exemption provides relief from the reporting obligation for international Section 214 licensees that have made foreign ownership disclosures to the Executive Branch agencies known as “Team Telecom” within the last three years, subject to certain conditions.
Comments Due August 31 on FCC’s Proposal to Step Up Review of Foreign Ownership in Telecom Carriers and Establish Cybersecurity Requirements
Updated August 8, 2023. Originally posted May 1, 2023.
Last week, comment deadlines were announced for a Federal Communications Commission (“FCC”) Order and Notice of Proposed Rulemaking (“NPRM”) that could have significant compliance implications for all holders of international Section 214 authority (i.e., authorization to provide telecommunications services from points in the U.S. to points abroad). The rule changes on which the FCC seeks comment are far-reaching and, if adopted as written, could result in significant future compliance burdens, both for entities holding international Section 214 authority, as well as the parties holding ownership interests in these entities. Comments on these rule changes are due Thursday, August 31, with reply comments due October 2.
FCC Seeks Comment on “Supplemental Coverage from Space” Rules, Responding to Growing Trend towards Partnerships between Satellite Operators and Wireless Network Providers
Updated April 12, 2023. Originally posted March 23, 2023.
In March, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that seeks public comment on a proposed licensing framework that would enable multiple satellite operators to supplement the network coverage of terrestrial wireless service providers. Termed “Supplemental Coverage from Space” (SCS), this service would authorize certain satellite systems to use spectrum licensed to a terrestrial network provider partner to provide expanded coverage to the provider’s wireless customers, even in remote areas. Comments on the NPRM, which appeared in today’s Federal Register, are due Friday, May 12, with reply comments due the following month, on Monday, June 12.
FCC Announces Launch of New Space Bureau, Advancing Plans for Increased Regulatory Role in Growing Space Economy
Today, the Federal Communications Commission (FCC) announced that the agency will officially establish a new Space Bureau with a kickoff event scheduled for Tuesday, April 11. The announcement, though largely a symbolic move (it likely will take additional time for the actual reorganization to occur), highlights the agency’s commitment to increasing its role in regulating a fast-growing space economy.
FCC Chairwoman Jessica Rosenworcel in November announced plans to form the new Space Bureau, which will be spun off from the agency’s International Bureau, the bureau currently responsible for satellite and earth station licensing matters. A new Office of International Affairs will take over the non-space-related duties currently handled by the International Bureau, which will cease to exist following the reorganization.
NTIA Seeks Public Comment on the Development of a National Spectrum Strategy and Spectrum-Sharing “Pipeline”
Yesterday, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment that seeks input on a “National Spectrum Strategy,” which would include a plan to study federal spectrum usage to identify spectrum that could be reallocated or repurposed to commercial or shared federal/commercial use. This National Spectrum Strategy also would include a process for identifying the spectrum bands best suited for repurposing (a “Spectrum Pipeline”). NTIA seeks input in creating a Spectrum Pipeline for the next decade, with the goal of identifying at least 1,500 megahertz of spectrum to study for potential repurposing to meet the future requirements of both commercial and federal users.
FCC Positions Itself for Expanding Space Industry
Last week, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the agency’s International Bureau by creating a new Space Bureau and a standalone Office of International Affairs. The announcement, which marks the latest in a string of space-focused actions over the last several months, is a further indication of the FCC’s commitment to leadership in the growing space economy.
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FCC Proposes to Require Broadband “Nutrition Labels”; Comments Due March 9
On January 27, 2022, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) that would require internet service providers (“ISPs”) to display labels disclosing certain service information, including prices, introductory rates, data allowances, broadband speeds, and network management practices. Notably, the NPRM proposes to adopt—with some modifications—the labels developed by an advisory committee and published by the Commission in a 2016 Public Notice.
Continue Reading FCC Proposes to Require Broadband “Nutrition Labels”; Comments Due March 9
FCC Seeks Comment on Proposal to Change Device Marketing Rules
The Federal Communications Commission (“FCC”) is seeking comment on a Notice of Proposed Rulemaking (“NPRM”) that would modify certain aspects of the FCC’s device authorization rules. Specifically, the FCC is seeking comment on a proposed revision to its device authorization rules to allow the importation of limited quantities of radiofrequency (“RF”) devices prior to authorization for pre-sale activities, including imaging, packaging, and delivery to retail locations. The FCC also is proposing rule revisions that would allow conditional sales, but not delivery, of RF devices to consumers prior to authorization.
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FCC Plans to Advance Proposal to Change Device Marketing Rules
In what is expected to be one of the last meetings under the leadership of current Federal Communications Commission (“FCC”) Chairman Ajit Pai, the agency will consider adopting a Notice of Proposed Rulemaking (“NPRM”) that proposes to modify certain aspects of the FCC’s device authorization rules. Specifically, the NPRM will propose to allow the importation and conditional marketing and sales of radiofrequency (“RF”) devices that have not yet been approved under the FCC’s rules. If the rule is ultimately changed, that means companies marketing RF devices for the first time will have the same flexibility enjoyed by some car companies and many other manufacturers to offer a product to the public before it actually can be shipped for use.
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FCC Announces Section 230 Rulemaking
FCC Chairman Pai announced today that the FCC will move forward with a rulemaking to clarify the meaning of Section 230 of the Communications Decency Act (CDA). To date, Section 230 generally has been interpreted to mean that social media companies, ISPs, and other “online intermediaries” have not been subject to liability for their users’ actions.
On July 27, the Trump Administration—acting through the National Telecommunications and Information Administration—submitted a Petition for Rulemaking on Section 230, and Chairman Pai announced on August 3 that the FCC would seek public comment on the petition. That petition asked the FCC to adopt rules to “clarify” the circumstances under which the liability shield of Section 230 applies. Citing the FCC General Counsel’s reported position that the Commission has the legal authority to interpret Section 230, Chairman Pai today stated that a forthcoming agency rulemaking will strive to “clarify its meaning.”