On August 8, 2024, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) to address the growing use of AI-generated robocalls. The FCC’s NPRM follows a 2023 inquiry proceeding into how the FCC could use its authority under the Telephone Consumer Protection Act (“TCPA”) to better protect consumers from unwanted or illegal robocalls.Continue Reading FCC Proposes New Rules Governing AI-Generated Robocalls
In October 2020 and 2021, the FCC adopted a pair of Orders to streamline the processing of applications involving “reportable” foreign ownership that are referred to the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector—commonly known as “Team Telecom.” Team Telecom is tasked with assessing the national security, law enforcement, foreign policy, and trade policy concerns presented by FCC applications seeking licensing authority or approval for cross-border M&A transactions.Continue Reading ALERT: Team Telecom Streamlining Procedures Take Effect
Last week, the FCC’s Enforcement Bureau (“Enforcement Bureau”) entered into a consent decree (“Consent Decree”) with prepaid calling provider TracFone Wireless (“TracFone”), addressing TracFone’s failure to adequately safeguard customer proprietary network information (“CPNI”). In the Consent Decree, TracFone agreed to pay a $16,000,000 civil penalty along with a series of comprehensive directives to mitigate network vulnerabilities. Continue Reading Burners and Backdoors: The FCC’s $16 Million Settlement with TracFone for Breaches of Customer-Facing APIs
As the Committee on Foreign Investment in the United States (CFIUS) continues to expand its jurisdictional reach, investors, property owners, and landlords should be aware of a growing focus on real estate transactions. Bridging a perceived gap between CFIUS’ mandate to safeguard U.S. national security and foreign investment in the U.S. real estate market, the U.S. Department of Treasury recently issued a Notice of Proposed Rulemaking (NPRM) that would strengthen CFIUS’ jurisdiction over real estate transactions. Specifically, the NPRM would greatly expand the list of military installations that could raise national security concerns, empowering CFIUS to review transactions involving the surrounding real estate; and expand the term “military installation” to encompass a larger number of sensitive facilities. These proposed changes are in response to a recent comprehensive assessment conducted by the Department of Defense regarding its military installations, and reflect the perception that real estate transactions in close proximity to sensitive USG facilities may convey strategic advantages to U.S. adversaries.Continue Reading Soil and Security: The Broadening Scope of CFIUS in Real Estate Transactions
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.
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