Last week, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) regarding its Emergency Alert Service (“EAS”) rules. These rules govern how emergency alerts are transmitted by federal, state, local, Tribal, and territorial officials to the public over mobile phones, radios, and televisions.
Continue Reading FCC Considering Changes to Emergency Alert Service Rules; Collecting Information About Potential Application to Streaming Services
FCC Imposes New Requirements on Nonmarketing Prerecorded Calls to Residential Lines
Continue Reading FCC Imposes New Requirements on Nonmarketing Prerecorded Calls to Residential Lines
FCC Seeks Comment on Proposal to Change Device Marketing Rules
The Federal Communications Commission (“FCC”) is seeking comment on a Notice of Proposed Rulemaking (“NPRM”) that would modify certain aspects of the FCC’s device authorization rules. Specifically, the FCC is seeking comment on a proposed revision to its device authorization rules to allow the importation of limited quantities of radiofrequency (“RF”) devices prior to authorization for pre-sale activities, including imaging, packaging, and delivery to retail locations. The FCC also is proposing rule revisions that would allow conditional sales, but not delivery, of RF devices to consumers prior to authorization.
Continue Reading FCC Seeks Comment on Proposal to Change Device Marketing Rules
FCC Plans to Advance Proposal to Change Device Marketing Rules
In what is expected to be one of the last meetings under the leadership of current Federal Communications Commission (“FCC”) Chairman Ajit Pai, the agency will consider adopting a Notice of Proposed Rulemaking (“NPRM”) that proposes to modify certain aspects of the FCC’s device authorization rules. Specifically, the NPRM will propose to allow the importation and conditional marketing and sales of radiofrequency (“RF”) devices that have not yet been approved under the FCC’s rules. If the rule is ultimately changed, that means companies marketing RF devices for the first time will have the same flexibility enjoyed by some car companies and many other manufacturers to offer a product to the public before it actually can be shipped for use.
Continue Reading FCC Plans to Advance Proposal to Change Device Marketing Rules
FCC Announces Section 230 Rulemaking
FCC Chairman Pai announced today that the FCC will move forward with a rulemaking to clarify the meaning of Section 230 of the Communications Decency Act (CDA). To date, Section 230 generally has been interpreted to mean that social media companies, ISPs, and other “online intermediaries” have not been subject to liability for their users’ actions.
On July 27, the Trump Administration—acting through the National Telecommunications and Information Administration—submitted a Petition for Rulemaking on Section 230, and Chairman Pai announced on August 3 that the FCC would seek public comment on the petition. That petition asked the FCC to adopt rules to “clarify” the circumstances under which the liability shield of Section 230 applies. Citing the FCC General Counsel’s reported position that the Commission has the legal authority to interpret Section 230, Chairman Pai today stated that a forthcoming agency rulemaking will strive to “clarify its meaning.”
Order Responding to Net Neutrality Court Decision Circulated for Consideration at FCC’s October Meeting
Yesterday, the Federal Communications Commission (“FCC”) circulated a new Net Neutrality Order for consideration at its October meeting. This draft Order on Remand does not mark a change in the FCC’s Net Neutrality policy; rather, it responds to several issues raised by the D.C. Circuit in Mozilla v. FCC, which reviewed the 2017 Restoring Internet Freedom Order.
The draft Order on Remand addresses the points raised by the D.C. Circuit in Mozilla but otherwise affirms the outcome of the Restoring Internet Freedom Order. That Order rolled back Obama-era Net Neutrality regulations and largely deregulated broadband Internet service provider practices.
FCC Formalizes Foreign Investment Reviews; More National Security Actions Likely to Follow
Yesterday, the Federal Communications Commission (“FCC”) unanimously adopted an order formalizing the referral and review process associated with “Team Telecom”—the group of national security and law enforcement agencies responsible for assessing foreign investment in U.S. telecommunications, submarine cable licensees, and broadcast licensees. The order adopts rules and procedures that will govern what has long been an informal process at the agency, both in connection with the issuance of such licenses and with respect to transfers of control.
The FCC’s action is consistent with the agency’s increased focus on, and involvement in, questions around national security and foreign investment in the telecommunications and media sectors. This attention to national security at the FCC is likely to continue regardless of the outcome of the election in November, given that both Republicans and Democrats at the agency have supported the agency’s heightened role in national security matters under its jurisdiction.
FCC Releases Draft Order Formalizing “Team Telecom” Process
Last week, the Federal Communications Commission circulated a draft order that will formalize its coordination with what has been known as “Team Telecom”—the national security review process for foreign investments in U.S. telecommunications companies. The draft order, which the FCC will consider for adoption at its September 30 Open Meeting, includes rules and procedures governing what has long been an informal process.
The FCC’s draft order adopts rules consistent with an April 4, 2020 Executive Order that rebranded the group of executive branch authorities long referred to as “Team Telecom” as the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. Despite the name change, Team Telecom will largely follow the existing review process; however, the new FCC rules do make a few key changes. We highlight some of the basic changes below.
Continue Reading FCC Releases Draft Order Formalizing “Team Telecom” Process
IoT Update: FCC Considering Changes to Device Rules
Earlier this month, the Federal Communications Commission (“FCC”) asked for comment on a Petition for Rulemaking filed by the Consumer Technology Association (“CTA”) that proposes to modify the FCC’s device authorization rules to allow the importation and conditional, preauthorization marketing and sales of radiofrequency (“RF”) devices that have not yet been approved under the FCC’s rules. The deadline for filing comments supporting or opposing the petition is July 9, 2020.
Continue Reading IoT Update: FCC Considering Changes to Device Rules
IoT Update: FCC Waives Equipment Authorization Rules for GE Healthcare to Address COVID-19 Supply Chain and Testing Challenges
Yesterday, the Federal Communications Commission (“FCC”) granted GE Healthcare (“GEHC”) a waiver of its equipment authorization rules to allow for the importation, marketing, and operation of certain medical devices that have yet to receive authorization under applicable FCC requirements. The GEHC devices at issue include bedside and wearable patient monitors; telemetry transmitters; antenna infrastructure; wireless sensors; diagnostic testing ECG analysis systems; mobile radiology equipment; and portable X-rays.
The FCC granted the waiver due to the “unprecedented strain” that the COVID-19 pandemic has placed on the U.S. healthcare system. In doing so, the FCC recognized that GEHC now has to rely on alternative component suppliers to maintain a robust supply chain of devices, and that doing so has and will continue to require GEHC to pursue and secure new or modified equipment authorizations under the FCC’s rules. By waiving these rules for a temporary period, subject to certain conditions, the FCC enabled GEHC to import, market, and operate these devices before they are fully authorized, thereby improving the speed at which GEHC can bring them to market.
Continue Reading IoT Update: FCC Waives Equipment Authorization Rules for GE Healthcare to Address COVID-19 Supply Chain and Testing Challenges