Newsletter February 1, 2024

Wireless Roundup (February 2024)

February 1, 2024

Key Wireless Deadlines
Upcoming Meetings and Events
Cyber Corner
Did You Know?
Recent Wiley Client Alerts, IoT Blog Posts, and Podcasts

Key Wireless Deadlines

FCC Requests Comment on CPNI/SIM Change Authentication Item: In this Further Notice of Proposed Rulemaking (FNPRM), the Federal Communications Commission (FCC or Commission) seeks comment on whether to harmonize the existing requirements for customer access to Customer Proprietary Network Information (CPNI) with the new Subscriber Identity Module (SIM) change authentication and protection measures that the Commission adopted; whether limitations on employee access to CPNI prior to customer authentication should be extended to all telecommunications carriers; what steps the Commission can take to harmonize government efforts to address SIM swap and port-out fraud; and how providers should notify customers of failed authentication attempts. The FNPRM expands on previous CPNI and SIM change authentication questions, asking about expanded change authentication requirements and proposes to add a prohibition on the use of recent payment and call detail information to authenticate customers for online access to CPNI. Reply comments are due February 12.

FCC Adopts NPRM on High-Cost Fixed and Mobile Support in Alaska: In this Notice of Proposed Rulemaking (NPRM), the FCC seeks comment on solutions and unique accommodations necessary to continue supporting broadband service to Alaska. Specifically, the Commission asks how it can best support the rural and remote areas of Alaska through efficient use of the Universal Service Fund once the support terms for the current incumbent Local Exchange Carriers and competitive eligible telecommunications carriers have ended. Reply comments are due February 15.

FTC Commences Rulemaking on Unfair and Deceptive Fees: In this NPRM, the Federal Trade Commission (FTC) proposes to promulgate a trade regulation rule entitled “Rule on Unfair or Deceptive Fees,” which would prohibit unfair or deceptive practices relating to fees for goods or services, specifically, misrepresenting the total costs of goods and services by omitting mandatory fees from advertised prices and misrepresenting the nature and purpose of fees. The NPRM mentions telecommunications, among several other industry sectors, as an area of interest—noting that telecommunications customers “are confronted with advertised rates that do not include mandatory fees, which are only disclosed after consumers contract for services and in ways that consumers find difficult to understand.” Comments are due February 7, pursuant to an extension.

FCC Adopts NPRM Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment: In this Third FNPRM, the FCC tentatively concludes to take further action to facilitate the processing of pole attachment applications that support wireless equipment. The Commission seeks comment on whether it should modify its self-help rules to enable prospective attachers to access poles more quickly. Additionally, the FCC requests additional information about how contractor availability impacts pole access. Comments are due February 13, and reply comments are due February 28.

Upcoming Meetings and Events

FCC Open Meeting: The next FCC Open Meeting is scheduled for February 15. Meeting details and agenda can be found here. The agenda includes:

Increasing the Accessibility of the Emergency Alert System NPRM
Empowering Consumers to Block Robocalls and Robotexts Report and Order (R&O) and FNPRM
Expanding Opportunities for Wireless Microphone Use R&O
Space Innovation; Facilitating Capabilities for In-Space Servicing, Assembly, and Manufacturing (ISAM) NPRM

FCC Space Bureau ‘20 Years of Orbital Debris Mitigation’ Open House: The FCC will host an open house on orbital debris mitigation on February 29. More details can be found here.

NTIA Public Symposium: The National Telecommunications and Information Administration (NTIA) is hosting a public symposium on the implementation of National Spectrum Strategy on February 1. More details can be found here.

Cyber Corner

NIST PSCR Workshop: The National Institute of Standards and Technology’s (NIST) Public Safety Communications Research (PSCR) Division is hosting a workshop on the management of cybersecurity and artificial intelligence risks for Uncrewed Aircraft Systems (UAS) in public safety on February 7-8. The agenda and registration details can be found here.

OMB Approves A-CAM Order Cybersecurity and Supply Chain Risk Management Plan Collection, Establishing Due Date of Feb. 12 for Plans: The FCC has published a notice announcing the Office of Management and Budget’s approval of the information collection for the cybersecurity and supply chain risk management plans required by the Alternative Connect America Cost Model (A-CAM) Order released on July 24, 2023. Plans are due to the Universal Service Administrative Company on February 12.

NIST Releases Draft 800-55 Publications on Information Security Measurement (open for comment): NIST is seeking comment on its initial public drafts of Volumes 1 and 2 of Special Publication (SP) 800-55, Measurement Guide for Information Security, on Identifying and Selecting Measures and Developing an Information Security Measurement Program, respectively. Comments on both drafts are due March 18.

NIST Announces Pre-Draft Call for Comments on SP 800-100: NIST has issued a pre-draft call for comments for SP 800-100, Information Security Handbook: a Guide for Managers, which was last updated in 2006. The guide is intended to assist managers in understanding how to establish and implement an information security program. Comments are due February 23.

FCC Issues Third “Rip and Replace” Report: On January 5, the Wireline Competition Bureau released the Third Report on the Implementation of the Secure and Trusted Communications Networks Reimbursement Program. The report continues to note challenges faced by participants, including (1) lack of funding; (2) supply chain delays; (3) labor shortages; and (4) weather-related challenges.

Did You Know?

Wiley created an artificial intelligence (AI) hub, All Things AI, to showcase thought leadership and insights on AI legal and regulatory matters.

Wiley announced that partners Megan L. Brown and Duane C. Pozza will co-chair Wiley’s Privacy, Cyber & Data Governance Practice. Read more here.

Wiley Issues and Appeals Practice co-chair Thomas M. Johnson, Jr. has written a new white paper that examines how recent U.S. Supreme Court case law could change the way that federal agencies, including the Federal Communications Commission, conduct their enforcement activities and could make it easier for regulated parties to challenge the constitutionality of agency procedures in court.

Wiley created a Sanctions and Export Controls Resource Center, which hosts our latest insights related to sanctions, export controls, digital currency, cybersecurity and privacy, and other issues surrounding Russia's invasion of Ukraine.

Check out our Consumer Protection Download Newsletter, the latest edition is available here.