5G wireless technology has captured the attention of Congress. At least 30 5G-related bills have been introduced in the House and Senate this Congress, signaling widespread interest by lawmakers in 5G. Several of these bills, addressing a range of issues including national security concerns, the promotion of U.S. leadership in international 5G standards-setting bodies, and the deployment of domestic 5G infrastructure, have passed through committee with strong bipartisan support.
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IoT Update: Flurry of Federal 5G Activity Indicates Important Growth Opportunities for the IoT Ecosystem
From the Federal Communications Commission (“FCC”) to Congress to the White House, the federal government has continued to push the importance of investment and innovation in fifth-generation (“5G”) wireless technology. This push bodes well for the many industries that rely on the Internet of Things (“IoT”), such as transportation, healthcare, and manufacturing—to name a few. As we have previously discussed, 5G deployment is critical for IoT because the IoT ecosystem will rely heavily on the increased speeds and capacity, as well as the reduced latency, that 5G technology will enable. Below we discuss the most recent pushes for 5G developments from federal leadership before surveying key industries in the IoT ecosystem that we expect to benefit from these efforts.
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IoT Update: Building Out the “Cutting Edge” for an Infrastructure Package
On Tuesday, President Donald Trump used his State of the Union address to reinforce the need for legislation to update the nation’s infrastructure. In the speech, he urged both parties to “unite for a great rebuilding of America’s crumbling infrastructure” and said that he is “eager to work” with Congress on the issue. Significantly, he said that any such measure should “deliver new and important infrastructure investment, including investments in the cutting-edge industries of the future.” He emphasized: “This is not an option. This is a necessity.”
President Trump’s push on infrastructure is particularly noteworthy because infrastructure remains popular in both parties and the new House Congressional leadership has echoed the push for an infrastructure package.
While the State of the Union provided few details about the kinds of “cutting-edge industries” that could be the focus of a bipartisan infrastructure package, three key technologies are likely candidates: 5G wireless, connected and automated vehicles (“CAV”), and smart city technologies. A fact sheet on infrastructure released by the White House after the speech reiterated the call to “invest in visionary products” and emphasized the importance of “[m]astering new technologies” including 5G wireless. Such investments may not only improve “crumbling” infrastructure, but also spur the development of these technologies—and Congress is already holding a series of hearings devoted to identifying infrastructure needs.
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IoT Update: Council of the European Union adopts the European Electronic Communications Code and BEREC Regulation
On 4 December 2018, the Council of the European Union (the “Council”) formally approved a major reform of the European telecom regulatory framework, the European Electronic Communications Code (the “EECC”). The Council also approved an associated regulation on the Body of European Regulators for Electronic Communications (“BEREC Regulation”).
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IoT Update: Navigating the Course of Spectrum for Connected and Automated Vehicle Technologies
The Federal Communications Commission (“FCC”) has a key role to play in driving the development of connected and automated vehicles (“CAV”) technology. As we explained in a recent CAV IoT Update, the FCC has been studying the risks associated with specific CAV technologies that could provide unique channels for potential cyberattacks. This post examines the debate over spectrum allocation for CAV technologies.
Why the FCC Matters to Connected and Autonomous Vehicle Technology
The FCC makes critical decisions about what portions of the radio spectrum will be available for various fifth-generation (“5G”) and other new wireless services, including CAV technologies. Those decisions are part of the FCC’s authority to administer spectrum for use by states, local governments, commercial businesses, and consumers. While the FCC at one time had designated a specific band of spectrum, the 5.9 GHz band for vehicle-to-vehicle (“V2V”) communications, a debate recently was reignited over the future of that band and the best way of enabling spectrum for CAV technologies and for the broader range of next-generation technologies that will be available with deployment of 5G. Although the 5.9 GHz band is not the only portion of the spectrum that enables CAV technologies, it has attracted significant interest from, and debate among, automakers, wireless providers, chip manufacturers, WiFi advocates and others. These stakeholders are debating whether having one band dedicated to CAV is the most efficient and effective means of meeting demands in this country for spectrum access—demands that the recent Presidential Memorandum on national spectrum policy described as “never . . . greater than today, with the advent of autonomous vehicles and precision agriculture, the expansion of commercial space operations, and the burgeoning Internet of Things.”
IoT Update: Who’s at the Wheel? Connected and Automated Vehicles Stakeholders Weigh In from the Mcity Congress
Last week, Covington dispatched a team of connected and automated vehicles (“CAV”) practitioners to participate in the Mcity Congress, in Ann Arbor, Michigan. Lawyers from our Technology and IP Transactions, Public Policy, Product Safety and Liability, and Insurance practice groups presented a series of observations and insights around mitigating liability in the CAV industry, and we saw first-hand what’s happening at the cutting edge of CAV technology.
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Net Neutrality Update: California and the United States Agree to Stay Further Proceedings Pending Review of FCC Order
In exchange for a stay of the proceedings in both United States v. California and American Cable Association v. Becerra, California has agreed not to enforce its new net neutrality law, SB 822, pending the resolution of Mozilla Corp. v. FCC, the lawsuit challenging the FCC’s Restoring Internet Freedom Order (“Order”). The Order had repealed Obama-era net neutrality rules. SB 822, which we previously discussed here, was scheduled to go into effect on January 1, 2019, and contains the most stringent net neutrality requirements of any state. When the law was passed on September 30, the U.S. Department of Justice immediately sued California, arguing it was preempted by the FCC’s Order.
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IoT Update: BEREC launches public consultation on the ‘Data Economy’
On the 10th October 2018, BEREC (the Body of European Regulators for Electronic Communications) launched its public consultation on the ‘Data Economy’. This comes at a time when different regulators are increasingly discussing the importance of big data, including the opportunities and risks that it brings about, how these may evolve, and how (and increasingly who should take the responsibility) to regulate. While the data protection and competition authorities have so far been most vocal in this deepening regulatory debate, the opening of this consultation represents a clear and decisive move by European telecom regulators to ‘throw their hat’ into the ring and get included in the discussion – and potentially future regulation – of Europe’s data economy.
All interested stakeholders, including public organisations, industry actors, consumers, associations, academics, financial advisers, and other stakeholders with expertise or interest in the data economy are strongly encouraged to have their say. BEREC’s consultation video can be accessed here, and the consultation is open until 21 November 2018.
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California Adopts Net Neutrality Law; Court Hearing Scheduled for Nov. 14
On September 30, California Governor Jerry Brown signed a bill to apply net neutrality rules to Internet Service Providers (“ISPs”) operating in that state. California is not the first state to enact legislation on net neutrality, but its bill contains the most stringent requirements yet. The Trump Administration and multiple ISPs have sued to prevent the new law from going into effect, arguing that it conflicts with federal law. The first hearing on the legal challenge will take place on November 14.
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IoT Update: FCC Efforts to Encourage 5G Infrastructure Investment
5G deployment and availability will greatly expand and enhance the Internet of Things (IoT). As we explored in a prior post, apart from spectrum availability, one of the other primary keys to promoting 5G development is increased investment in both wireless and wireline infrastructure. Without the necessary infrastructure (e.g. small cells, fiber backhaul) to support advanced 5G offerings, nascent IoT technologies will be inhibited by ever-increasing capacity demands that put strains on the existing infrastructure.
On September 26, 2018, the Federal Communications Commission (FCC) voted to approve a Declaratory Ruling and Third Report and Order (Order) designed to encourage and facilitate the investment necessary to deploy infrastructure to meet the demands of 5G networks. As the FCC explained in the Order, 5G is so important because it can “enable increased competition for a range of services—including broadband—support new healthcare and Internet of Things applications, speed the transition to life-saving connected car technologies, and create jobs.”
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