Insights on Tech Law, Regulation & Policy, AI, IoT and More
At the Federal Communications Commission’s (FCC’s) Open Meeting in late October, the agency unanimously adopted a Notice of Proposed Rulemaking (NPRM) that proposes to end certain legacy interconnection obligations of Local Exchange Carriers (LECs) to accelerate the transition to all Internet Protocol (IP) networks.
Currently, certain LECs are required to maintain legacy time-division multiplexing (TDM)…
Continue Reading FCC Proposes Rule Changes to Accelerate Transition to IP NetworksEarlier this month on September 8, the Federal Communications Commission (FCC) announced that it was taking an initial set of actions to address threats posed by so-called “bad labs.” “Bad labs” consist of test labs that review and approve radio frequency emitting devices for use in the U.S. but are “ultimately owned or controlled by…
Continue Reading FCC Takes Action on Certain “Bad Labs”Today, the Federal Communications Commission (“FCC”) released the final text of a Notice of Proposed Rulemaking (“NPRM”) aimed at identifying FCC regulated entities that are controlled by a “foreign adversary.”
This development, along with a separate action recently taken by the FCC to adopt new rules that prohibit the use of test labs or telecommunication certification bodies located in certain jurisdictions outside the U.S., reflect a continued and growing focus by the FCC on national security, particularly with respect to foreign ownership.
The NPRM proposes to, among other things:
Continue Reading FCC Looks to Identify Telecom Investments by Foreign Adversaries
On May 13, the House Energy and Commerce Committee (“E&C Committee”) voted on its portion of the budget reconciliation package which includes a major proposal to identify new radio spectrum bands for auction and to restore the FCC’s long-lapsed spectrum auction authority. The budget reconciliation proposal directs the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) within two years to identify at least 600 megahertz of spectrum between the 1.3 GHz and 10 GHz frequencies for auction. The proposal also requires the FCC to complete an auction (with its restored auction authority) for at least 200 megahertz within three years, and to auction the remainder of the spectrum within six years from enactment. This approach of requiring the FCC to identify a minimum of 200 megahertz of spectrum for auction and to complete such auctions in the near term follows the pattern Congress used in the 1990s to jumpstart growth in the wireless industry.
The spectrum designated for auction would be allocated on an “exclusive, licensed basis for mobile broadband services, fixed broadband services, mobile and fixed broadband services, or a combination thereof.” Note that the legislation would carve out from auction-eligible spectrum bands the frequencies between 3.1 GHz and 3.45 GHz, and between 5.925 GHz and 7.125 GHz. The bill also provides that the auction proceeds would cover “110 percent of Federal Relocation or Sharing Costs.” The Congressional Budget Office has estimated the auction will raise $88 billion of new revenue; this “score” of $88 billion makes it the second-biggest item in the budget reconciliation bill for the E&C Committee behind changes to Medicare/Medicaid.Continue Reading Energy and Commerce Committee Votes on GOP House Spectrum Plan
On December 27, 2024, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment (“RFC”)that seeks public input on the potential impacts on the Global Positioning Satellite (GPS) L1 signal by the growth of satellite-based direct-to-device (D2D) operations that use frequencies between 1610-1660.5 MHz (the “L-band”). As the lead spectrum advisor to the Executive Branch on spectrum issues, NTIA serves as the advocate for other agencies including the Department of Transportation (DOT) before the FCC. NTIA issued its Request for Comment (RFC) in response to analysis prepared by DOT and states that its interest in D2D usage stems from the increasing deployment of services in which mobile devices like smartphones and Internet of Things (IoT) devices connect directly to satellite systems in the L-band, a portion of which is located near spectrum allocated to GPS. NTIA invited comments to be filed by February 10, 2025. Continue Reading NTIA Seeks Comment on Potential Effects of Satellite Direct-to-Device Operations in the L-band on GPS L1 Signal
With U.S. President Trump returning to the White House, we expect the regulatory landscape facing technology and communications companies to shift significantly, if not uniformly.
On the one hand, media and telecommunications companies that have long been regulated heavily by the FCC can likely expect a more deregulatory environment than they have experienced under the Biden Administration (with potential caveats). On the other, large technology companies, which have largely avoided heavy-handed regulation, can expect to face a more active regulatory environment aimed at limiting or preventing content moderation decisions that the incoming Administration has characterized as “censorship” of conservative viewpoints. Meanwhile, bipartisan priorities—such as the commitment to ensuring national security in the telecommunications sector—will likely continue to be a major focus of regulatory agencies. While the assessments of regulatory risks and opportunities will continue to be refined and updated as the next Trump administration takes shape, we highlight here a few trends that are likely to influence policy and regulation at the FCC over the next four years.Continue Reading Likely Trends in U.S. Tech and Media Regulation Under the New Trump Administration
Last week, California’s telecommunications regulator, the California Public Utilities Commission (“CPUC”), adopted a new regulatory framework for providers of interconnected voice over Internet protocol (“iVoIP”) that marks a significant shift in regulation of a service that has long been lightly regulated both at the state and federal level. Under the new rules adopted at Thursday’s CPUC meeting, iVoIP providers are now subject to registration and licensing requirements in California, which also will require that these companies notify the CPUC of – and in some cases, seek prior approval for – any transfers of control or assignments of their assets.
The new rules could have significant and far-reaching ramifications for carriers providing iVoIP services in the largest market in the United States. For example, because the CPUC’s decision now requires at least some form of filing with the regulator before transfer of control of an iVoIP provider may occur, financial or strategic investors focused on the telecommunications space should take note that regulatory requirements may apply to any acquisition or investment in an iVoIP provider with operations in California. In some circumstances, a transfer of control of a California iVoIP provider or assignment of iVoIP provider assets may require prior approval from the CPUC, a process that tends to be the lengthiest state regulatory approval process for communications transactions that require state review.
Substantively, the CPUC’s order concerns the creation of new utility classifications (and corresponding authorization types) for iVoIP providers, which are subject to different licensing or registration requirements depending on the nature of the iVoIP services they provide. The following is a summary of the three new utility types and the key requirements for each from the CPUC’s order.
On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers.
The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services resources they require to interact with their service provider in a manner that allows them to efficiently resolve issues, avoid unnecessary charges, and make informed choices regarding the services they obtain from service providers.” The inquiry is specific to regulated cable operators, Direct Broadcast Satellite providers, voice service providers, and broadband service providers (collectively referred to as “service providers”).Continue Reading FCC to Examine Customer Service Issues in the Communications Industry
On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service rules for UAS operations.
In a press release accompanying the Order, Chairwoman Jessica Rosenworcel said “We are already starting to live in the future we’ve long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security…The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity. We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers, and our economy.”Continue Reading FCC Adopts Initial Rules for Drone Operations
