CommLaw Monitor https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor News and analysis from Kelley Drye’s communications practice group Wed, 03 Jul 2024 03:45:55 -0400 60 hourly 1 FCC June Meeting Agenda Includes Broadened Supply Chain Measures, Improved Emergency Alerts and Robocall Reporting, and Expanded Telehealth Guidance https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/fcc-june-meeting-agenda-includes-broadened-supply-chain-measures-improved-emergency-alerts-and-robocall-reporting-and-expanded-telehealth-guidance https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/fcc-june-meeting-agenda-includes-broadened-supply-chain-measures-improved-emergency-alerts-and-robocall-reporting-and-expanded-telehealth-guidance Wed, 09 Jun 2021 11:14:41 -0400 The FCC released the agenda for its next Commission Open Meeting, scheduled for June 17, 2021. The meeting will first consider a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) to broaden the secured communications supply chain beyond the FCC’s universal service programs. Specifically, the NPRM would propose to prohibit all future authorizations for equipment on the FCC’s Covered List, revoke current equipment authorizations for equipment on the Covered List, and require certifications from future FCC auction participants that they will not rely on financial support from any entities designated as a national security threat. The FCC also tees up a Report and Order that would allow for expanded marketing and importation of radiofrequency devices prior to certification, with certain conditions to prohibit sale or operation of those devices prior to authorization. The agency will next consider a Report and Order and FNPRM that would improve and streamline the agency’s Emergency Alert System (“EAS”) and Wireless Emergency Alerts (“WEA”) Systems, as initially proposed in a March 2021 NPRM. The FCC will also consider a Report and Order that would streamline private entity reporting of robocalls and spoofed caller ID by creating a direct reporting portal to the Enforcement Bureau, along with a Report and Order providing additional guidance and clarity on the agency’s telehealth-driven Connected Care Pilot Program. Lastly, the meeting agenda includes items that would explore spectrum options for maritime navigations systems and modify existing low power FM rules.

You will find more information about the most significant items on the June meeting agenda after the break:

Securing the Communications Supply Chain – The NPRM and NOI would seek comment on a proposal to prohibit all future authorizations for equipment on the FCC’s Covered List under the Secure and Trusted Communications Act. The NPRM would seek comment on whether, and how, the FCC should revoke any current authorizations for equipment included on the Covered List, and if it should revise the rules to no longer permit exceptions for equipment authorizations on the Covered List. It would also propose to require participants in any upcoming FCC auctions to certify that their auction bids do not and will not rely on financial support from any entity that the agency has designated as a national security threat to the communications supply chain. The NOI would seek comment on how the FCC can leverage its equipment authorization program to encourage manufacturers to consider cybersecurity standards and guidelines when building devices that will connect to U.S. networks.

Modernizing Equipment Marketing and Importation – The Report and Order would adopt changes to the equipment authorization rules to allow expanded marketing and importation of radiofrequency (“RF”) devices prior to certification, with conditions. The Order would add a new condition to allow importation of up to 12,000 RF devices for certain pre-sale activities prior to authorization. It would additionally amend the FCC’s rules to allow conditional sales of RF devices prior to authorization, so long as those devices will not be delivered to consumers until they are authorized. The Order includes labeling, recordkeeping, and other conditions to ensure that RF devices are not sold or operated prior to equipment authorization.

Improving Emergency Alert Systems – The Report and Order and FNPRM would adopt the rule changes proposed in the FCC’s March 2021 NPRM to update the EAS and WEA systems rules, pursuant with the 2021 National Defense Authorization Act (“NDAA”) requirements. The Order would create a new category of non-optional “National Alerts,” combining WEA Presidential Alerts with FEMA Administrator Alerts, which may be nationally or regionally distributed. States would be encouraged to establish a state EAS plan checklist for State Emergency Communications Committees (“SECCs”), or otherwise establish an SECC if not already formed. This Report and Order would also enable FEMA to report false EAS and WEA alerts and to repeat certain EAS messages if necessary. The FNPRM would seek comment on whether to remove or refine certain EAS emergency event codes that are irrelevant or confusing, and on whether to update the EAS to include a more persistent display and notification of emergency messages for more severe events.

Implementing the TRACED Act – The Report and Order would establish rules pursuant to the TRACED Act to create a process that streamlines the ways in which a private entity may report robocalls or spoofed caller ID to the FCC. The Commission would create on online portal where private entities, meaning any entity other than an individual person or public entity, could submit suspected violations directly to the Enforcement Bureau. The Order clarifies that the new portal would not affect the existing consumer complaint process, and the agency will still use the consumer complaint portal for individual consumer complaints.

Connected Care Pilot Program – The Second Report and Order offers further guidance on the Commission’s Connected Care Pilot Program, including on the Pilot Program budget and administration, eligible services, competitive bidding instructions, invoicing, and data reporting for selected participants. Notably, the Order clarifies that the Pilot Program will reimburse network equipment purchases necessary to make both broadband and connected care information services functional, even if the Pilot Program is not directly supporting the costs of those services. The FCC announced earlier this year that an initial 23 applicants had been selected, with more selected applications to be announced at a later date, and selected applicants could begin the funding request process once this Report and Order becomes effective.

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FCC’s March Open Meeting Highlights 3.45 GHz Band Auction https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/fccs-march-open-meeting-highlights-3-45-ghz-band-auction https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/fccs-march-open-meeting-highlights-3-45-ghz-band-auction Thu, 11 Mar 2021 14:42:47 -0500 The FCC released the agenda for its next Open Meeting, scheduled for March 17, 2021. The March meeting will notably include a Report and Order that would reallocate 100 megahertz of prized mid-band spectrum in the 3.45 GHz band through Auction 110, and propose a band plan for the new 3.45 GHz flexible use wireless service aimed at supporting 5G technologies. The FCC will also consider a Public Notice for Auction 110 that would seek comment on appropriate auction application and bidding procedures. While the FCC is required to start the auction by the end of 2021, the agency expects Auction 110 to begin in October 2021. The 3.45 GHz band items are the product of long-term FCC, NTIA, and DOJ collaboration to open frequencies currently used by federal agencies for shared use by commercial wireless providers. The FCC also teed up a Report and Order that would increase public safety officials’ access to network reliability information by providing direct access to Network Outage Reporting System (“NORS”) and Disaster Information Reporting System (“DIRS”) data. In addition, the FCC will consider a Notice of Proposed Rulemaking that would propose reforms to the agency’s Emergency Alert System (“EAS”) and Wireless Emergency Alerts (“WEA”) System to facilitate comprehensive and timely emergency alerts for mobile devices. Lastly, the agency will consider a Notice of Inquiry on the status of open radio access networks (“Open RAN”) that virtualize certain network infrastructure, potentially increasing communications security.

You will find more details about the most significant items on the March meeting agenda after the break.

3.45 GHz Band Plan – The Report and Order would reallocate 100 megahertz of spectrum in the 3450-3550 MHz (3.45 GHz) band for flexible use wireless service and adopt a band plan as well as performance requirements to implement the new 3.45 GHz service. This framework would enable full-power commercial use while including protections for federal incumbents when and where they require access to the band. The FCC is required by statute to start an auction to grant new flexible use licenses in this band by December 31, 2021. The FCC also would propose modifying the licenses of secondary, non-federal radiolocation operations in the 3.45 GHz band to a new 2.9-3.0 GHz band assignment.

3.45 GHz Auction – The Public Notice would propose application and bidding procedures for the new flexible use licenses in the 3.45 GHz band through Auction 110. The FCC expects the auction to begin in early October 2021. Auction 110 would offer up to 100 megahertz of spectrum on an unpaired basis, divided into five 20-megahertz blocks licensed by Partial Economic Area. The Public Notice would seek comment on the proposed auction procedures, with comments due April 14, 2021 and reply comments due April 29, 2021.

Promoting Public Safety Through Information Sharing – The Report and Order would provide direct, read-only access to NORS and DIRS information for state, federal, local, and Tribal partners to increase public safety data sharing while preserving the confidentiality of providers’ network information. Agencies receiving the information would be permitted to share the NORS and DIRS data with agency officials, first responders, and individuals on a need to know basis, and publicly disclose aggregated and anonymized information derived from NORS or DIRS filings. The Report and Order would create an application process to grant agencies access to the information following a certification process to maintain the confidentiality of the information and databases.

Improving EAS and WEA – The Notice of Proposed Rulemaking (“NPRM”) would implement section 9201 of the National Defense Authorization Act and initiate a proceeding to ensure that mobile devices cannot opt-out of receiving WEA alerts from FEMA. The NPRM also would propose to amend annual reporting requirements for state EAS authorities, enable reporting of false EAS and WEA alerts by the FEMA Administrator as well as state, tribal, and local governments, and require repeating EAS messages when necessary. In an associated Notice of Inquiry, the FCC would seek further comment on delivering and improving EAS messages through Internet platforms, including streaming services.

Promoting Open RAN Networks – The Notice of Inquiry would ask for input on the status of Open RAN and other virtualized network environments. Specifically, the FCC asks for information about the current state of such technologies, what steps are required to deploy and scale Open RAN networks, and how deployment of these Open-RAN-compliant networks could benefit the agency’s policy goals and statutory obligations to increase the security of the nation’s communications networks. The FCC intends for carriers to consider and use the information developed in this proceeding to inform their approaches to next-generation equipment and services.

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