As the FCC continues to exercise close oversight of the use of Customer Proprietary Network Information (“CPNI”), telecom stakeholders should also be sensitive to potential data security obligations under any relevant mitigation agreements with “Team Telecom,” the collection of Executive Branch agencies tasked with reviewing and resolving any national security implications related to foreign ownership of telecom providers.Continue Reading Data Security Is National Security: Inside the FCC Enforcement Bureau’s Latest Crackdown

The Federal Communications Commission (“Commission”) has released a series of items pertaining to its annual regulatory fee assessment and collection process, including: (1) the 2024 Regulatory Fee Notice of Proposed Rulemaking regarding agency-wide regulatory fee assessment and collection; and (2) a concise Space and Earth Station Report and Order on certain regulatory fees for streamlined small satellite and In-Space Servicing, Assembly, and Manufacturing (“ISAM”) operators stemming from the Space and Earth Station Fee Notice of Proposed Rulemaking. Together, these documents reflect the Commission’s continuing efforts to revamp its methodology for assessing regulatory fees in light of the demands the rapidly evolving space industry places on the Commission, as well as significant internal reorganization to help address those challenges. The TLDR: All current and future Space Bureau regulatees will be assessed significantly higher fees in FY 2024 than in previous years. All that is left to be determined is who will be responsible for what proportion? And how much will that be? Continue Reading Space Bureau Regulatory Fees Skyrocket in FY 2024

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many transaction parties may be unaware of CFIUS’s jurisdiction to also review the national security risks presented by real estate transactions involving foreign persons. Because real estate transactions do not trigger CFIUS’s mandatory filing requirements, it is uncommon for transaction parties to proactively seek CFIUS review of these deals.Continue Reading Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

The FCC – in the latest iteration of its expanding role as a regulator in the national security space – recently adopted a Notice of Proposed Rulemaking (“NPRM”) proposing to fortify the security of the wireless supply chain by imposing heightened requirements on the Telecommunication Certification Bodies (“TCBs”) and Measurement Facilities (“Test Labs”) that approve devices marketed and sold in the U.S.Continue Reading FCC to Strengthen Equipment Authorization Process to Protect U.S. National Security

Key Takeaways:  The Federal Communications Commission (“FCC”) sent a resounding message to the telecommunications industry: the era of lax CPNI enforcement is over.  

  • Mobile network operators (MNOs), mobile virtual network operators, Internet Service Providers, and Voice-Over-IP providers, and other operators subject to the FCC’s CPNI rules should be aware of the FCC’s expansive view on the kinds of data subject to the CPNI rules.

Continue Reading Dialing Up Accountability: FCC’s Warning Shot to Mobile Network Operators on CPNI

The Federal Communications Commission (FCC) voted on April 25, 2024 to reinstate its net neutrality rules by reclassifying broadband internet access service (BIAS) as a “telecommunications service” under Title II of the Communications Act (Act). The FCC’s rules now afford stand-alone BIAS providers with the same statutory protections under Section 224 of the Act for accessing poles and other utility infrastructure that cable and telecommunications providers receive. This could be particularly important considering the anticipated deployments driven by the Broadband Equity And Deployment (“BEAD”) program and other subsidy programs.Continue Reading With Net Neutrality Order, FCC Grants Broadband-Only ISPs New Pole Attachment Protections

Key Takeaways: The Treasury Department is seeking to equip CFIUS with greater enforcement and oversight authority. These new powers include the ability to request more information from transaction parties and also to assess more significant penalties—in some cases, potentially greater than the transaction value—against companies who fail to comply with mandatory filing requirements or violate mitigation agreements.Continue Reading Treasury Department Proposes to Sharpen the Teeth of CFIUS Enforcement

As the battle for the future of the Affordable Connectivity Program (ACP) continues on Capitol Hill, and the FCC prepares for the looming shutdown of the program, providers should be aware that the FCC’s Enforcement Bureau (“Enforcement Bureau”) continues to investigate—and issue forfeitures—related to noncompliance with program rules, particularly around subscriber onboarding and usage of the ACP benefit by consumers.Continue Reading Enforcement Advisory: The FCC’s Enforcement Bureau Continues to Closely Review Provider Compliance with Affordable Connective Program Rules

Aiming to curb the use of AI, voice cloning technology in robocall scams, on February 8, 2024, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling prohibiting unsolicited robocalls with voices generated by AI. With its ruling, which took effect immediately, the FCC made clear that the federal Telephone Consumer Protection Act (TCPA) – meant to curb junk phone calls – also outlaws unsolicited AI-generated robocalls.Continue Reading Battling the Robocall Onslaught: The FCC’s Strategic Measures Against AI-Driven Scams

On November 20, 2023, the Federal Communications Commission (“Commission”) released a Report and Order and Further Notice of Proposed Rulemaking (“Order”) adopting final rules to facilitate equal access to broadband and address digital discrimination.[1] This decision will be of particular importance to entities that provide, facilitate, or affect consumer access to broadband, including both terrestrial and satellite broadband providers irrespective of the technology used to deliver the broadband service. A Further Notice of Proposed Rulemaking (“FNPRM”) accompanies the Order, seeking additional comment on matters pertaining to the implementation of section 60506 of the Infrastructure Investment and Jobs Act.[2] The final rules and FNPRM are summarized below:Continue Reading ALERT: FCC Seeks to Eliminate Digital Discrimination

On December 15, 2023, after more than three years of consideration, and amid the largest ever federal investment in broadband, the Federal Communications Commission (“FCC”) unanimously adopted a new pole-attachment order that dramatically reforms the Commission’s rules and policies governing communications attachments to utility poles.Continue Reading FCC Adopts New Pole Attachment Rules to Promote Broadband Expansion