Last week, the Federal Communications Commission (“FCC”) released an Order and Notice of Proposed Rulemaking (“NPRM”) that could have significant compliance implications for all holders of international Section 214 authority (i.e., authorization to provide telecommunications services from points in the U.S. to points abroad), as well as all entities holding an ownership interest in these carriers. The item requires all holders of international Section 214 authority to respond to a one-time information request concerning their foreign ownership and proposes sweeping changes to the agency’s licensing rules for such licensees.

Although the FCC’s information request may be more relevant in the near term, it is a limited one-time requirement. By contrast, the rule changes on which the FCC seeks comment are far-reaching and, if adopted as written, could result in significant future compliance burdens, both for entities holding international Section 214 authority, as well as the parties holding ownership interests in these entities.

The FCC’s latest actions underscore the agency’s ongoing desire to closely scrutinize foreign ownership and involvement in telecommunications carriers serving the U.S. market, as well as to play a more active role in cybersecurity policy. These developments should be of interest to any carrier that serves the U.S. market and any financial or strategic investor focused on the telecommunications space, as well as other parties interested in national security developments affecting telecommunications infrastructure.

Continue Reading FCC Steps Up Review of Foreign Ownership in Telecom Carriers; Proposes Cybersecurity Mandates

Updated April 12, 2023. Originally posted March 23, 2023.

In March, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that seeks public comment on a proposed licensing framework that would enable multiple satellite operators to supplement the network coverage of terrestrial wireless service providers.  Termed “Supplemental Coverage from Space” (SCS), this service would authorize certain satellite systems to use spectrum licensed to a terrestrial network provider partner to provide expanded coverage to the provider’s wireless customers, even in remote areas. Comments on the NPRM, which appeared in today’s Federal Register, are due Friday, May 12, with reply comments due the following month, on Monday, June 12.

Continue Reading FCC Seeks Comment on “Supplemental Coverage from Space” Rules, Responding to Growing Trend towards Partnerships between Satellite Operators and Wireless Network Providers

Today, the Federal Communications Commission (FCC) announced that the agency will officially establish a new Space Bureau with a kickoff event scheduled for Tuesday, April 11.  The announcement, though largely a symbolic move (it likely will take additional time for the actual reorganization to occur), highlights the agency’s commitment to increasing its role in regulating a fast-growing space economy. 

FCC Chairwoman Jessica Rosenworcel in November announced plans to form the new Space Bureau, which will be spun off from the agency’s International Bureau, the bureau currently responsible for satellite and earth station licensing matters.  A new Office of International Affairs will take over the non-space-related duties currently handled by the International Bureau, which will cease to exist following the reorganization.

Continue Reading FCC Announces Launch of New Space Bureau, Advancing Plans for Increased Regulatory Role in Growing Space Economy

Yesterday, the National Telecommunications and Information Administration (NTIA) issued a Request for Comment that seeks input on a “National Spectrum Strategy,” which would include a plan to study federal spectrum usage to identify spectrum that could be reallocated or repurposed to commercial or shared federal/commercial use. This National Spectrum Strategy also would include a process for identifying the spectrum bands best suited for repurposing (a “Spectrum Pipeline”).  NTIA seeks input in creating a Spectrum Pipeline for the next decade, with the goal of identifying at least 1,500 megahertz of spectrum to study for potential repurposing to meet the future requirements of both commercial and federal users. 

Continue Reading NTIA Seeks Public Comment on the Development of a National Spectrum Strategy and Spectrum-Sharing “Pipeline”

Last week, Chairwoman Jessica Rosenworcel of the Federal Communications Commission (FCC) announced that she expects to circulate a proposal shortly that will authorize the FCC and/or certain national security agencies to periodically evaluate the foreign ownership of FCC licensees in light of national security considerations.  She made this announcement in a speech that focused on

Last week, in remarks at an industry conference, Republican FCC Commissioner Nathan Simington proposed that the FCC consider requiring electronic device manufacturers to “take reasonable steps” to protect device security, including requiring them to issue software or firmware updates to patch security flaws and ensure that devices are designed to be easily patched.

His remarks

On November 25, 2022, the FCC effectively banned certain Chinese telecom and video surveillance devices from the U.S. market – demonstrating the power of its authority over virtually all electronics equipment, which until last week’s decision had been exercised only to address technical, scientific and engineering concerns. With Congressional backing, the FCC now has established

This morning, the Supreme Court granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021) on the following question presented:  “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?”  This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.

Continue Reading Supreme Court Grants Certiorari in Gonzalez v. Google, Marking First Time Court Will Review Section 230

Last Friday, the National Telecommunications and Information Administration (“NTIA”) took a major step in furtherance of the Biden Administration’s goal of connecting all Americans to broadband by releasing its widely anticipated Notice of Funding Opportunity (“NOFO”) for the landmark $42.5 billion Broadband Equity, Access, and Deployment (“BEAD”) Program, along with NOFOs for two smaller programs. 

On January 27, 2022, the Federal Communications Commission (“FCC”) adopted a Notice of Proposed Rulemaking (“NPRM”) that would require internet service providers (“ISPs”) to display labels disclosing certain service information, including prices, introductory rates, data allowances, broadband speeds, and network management practices.  Notably, the NPRM proposes to adopt—with some modifications—the labels developed by an advisory committee and published by the Commission in a 2016 Public Notice.

Continue Reading FCC Proposes to Require Broadband “Nutrition Labels”; Comments Due March 9