Wireless Roundup (February 2022)

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Key Wireless Deadlines

NTIA Seeks Comment on Infrastructure Investment and Jobs Act Implementation: The National Telecommunications and Information Administration (NTIA) requests comment on its implementation of three of the broadband funding programs established in the Infrastructure Investment and Jobs Act of 2021 (IIJA): (1) the Broadband Equity, Access, and Deployment (BEAD) program; (2) the Middle-Mile Broadband Infrastructure Program; and (3) the Digital Equity Planning Grant Program. Among other things, NTIA requests comment on the steps it can take to ensure that these programs meet the IIJA’s goals with respect to access, adoption, affordability, digital equity, and digital inclusion. Comments are due by February 4.

FTC Requests Comment on Security Event Reporting Under the Safeguards Rule: The Federal Trade Commission (FTC) seeks comment on a Supplemental Notice of Proposed Rulemaking that would amend the FTC’s Safeguards Rule to require financial institutions to report to the FTC any security event in which the financial institution determines misuse of customer information has occurred or is reasonably likely to occur and that at least 1,000 consumers have been affected or reasonably may be affected. Among other things, the FTC requests comment on: (1) whether to also adopt a consumer notification requirement; and (2) whether to only require notification to the FTC when a financial institution is required to notify a governmental entity under another state or Federal statute, rule, or regulation. Comments are due by February 7.

FCC Seeks Comment on Call Blocking Sixth FNPRM: The Federal Communications Commission (FCC or Commission) requests reply comments by February 14 on an Order on Reconsideration, Sixth Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order that proposes to retain the requirement that terminating voice service providers ultimately use only Session Initiation Protocol (SIP) Codes 607 or 608 in Internet protocol networks for call blocking. Among other things, the FCC seeks comments on whether and how to transition away from the use of SIP Code 603 and toward full implementation of SIP Codes 607 and 608.

NIST Requests Information on Eight Emerging Technology Areas: In November, the National Institute of Standards and Technology (NIST) released a Request for Information seeking information about the public and private sector marketplace trends, supply chain risks, and legislative, policy, and future investment needs of eight emerging technology areas: (1) artificial intelligence; (2) Internet of Things (IoT) in manufacturing; (3) quantum computing: (4) blockchain technology; (5) new and advanced materials; (6) unmanned delivery services; (7) IoT; and (8) three-dimensional printing. This information request was issued pursuant to Section 1501 of the Consolidated Appropriations Act, 2021, which directs the Secretary of Commerce, in coordination with the FTC and other federal agencies, to complete a study of and issue a report on these eight emerging technology areas. Comments were initially set to be due on January 31, but NIST has since published a Notice extending the comment deadline to February 15.

NIST Seeks Nominations to Internet of Things Advisory Board: NIST requests nominations for appointment to the Internet of Things Advisory Board (IoTAB). The IoTAB, which will consist of 16 members, will advise the Department of Commerce on IoT policy and submit a report on its findings and recommendations. Nominations are due on February 28.

FCC Requests Comment on Enhanced Competition Incentive Program: The Commission seeks comment on an FNPRM that would establish an enhanced competition incentive program (ECIP) aimed at promoting greater competition in and expanded access to advanced telecommunications services by increasing spectrum access for small carriers and Tribal Nations and increasing the availability of advanced telecommunications services in rural areas. Separate from ECIP, the Commission also requests comments on potential alternatives to population-based performance requirements for a variety of stakeholders. Comments are due by February 28.

Upcoming Meetings and Events

Senate Commerce Committee Executive Session: The Senate Committee on Commerce, Science, and Transportation (Senate Commerce Committee) will hold an executive session on February 2 to consider the nomination of Gigi Sohn to serve as a Commissioner of the FCC. Additional information is available here.

FCC Open Meeting: The next FCC Open Meeting is scheduled for February 18. When available, the meeting agenda will be posted here.

FirstNet Combined Board and Committee Meeting: The First Responder Network Authority (FirstNet) combined Board and Board Committees will meet on February 9. Additional information can be accessed here.

NANC Meeting: The North American Numbering Council (NANC) meeting will be held on February 9. Additional information is available here.

WRC-23 Advisory Committee Meeting: The fifth meeting of the 2023 World Radiocommunication Conference (WRC-23) Advisory Committee will be held on February 15. Additional information can be accessed here.

NSTAC Meeting: The National Security Telecommunications Advisory Committee (NSTAC) will have an open meeting on February 23. Registration is required. Additional information is available here.

DAC Meeting: The next meeting of the FCC’s Disability Advisory Committee (DAC) will be held on February 24. Additional information can be accessed here.

TAC Meeting: The FCC’s Technological Advisory Council (TAC) will meet on February 28, and will discuss topics such as 6G, artificial intelligence, advanced spectrum sharing technologies, and emerging wireless technologies. Additional information is available here.

FISSEA Winter Forum: The Federal Information Security Educators (FISSEA) forum is scheduled for February 15. The theme is “Looking Forward: Cybersecurity Training to Meet the New Challenges.” Additional information can be accessed here.

NICE Webinar: On February 16, the National Initiative for Cybersecurity Education (NICE) will hold a webinar titled “Computational Literacy - A New Literacy Necessary for the Future of Learning and Work.” The webinar will be led by Andrea A. diSessa, Professor of the Graduate School of Education at UC Berkeley. Additional information is available here.

Federal Cybersecurity & Privacy Professionals Forum Meeting: The Federal Cybersecurity & Privacy Professionals Forum will meet on February 15. Additional information, including the agenda, can be accessed here.

Did You Know?

February 16: TMT partners Duane Pozza and Antonio Reynolds and associate Stephen Conley will host the "FTC’s Revised Safeguards Rule: How To Navigate New Information Security Requirements" webinar as part of the 2022 Privacy & Cyber Series. RSVP here.

March 1: TMT partner Amb. David Gross will be speaking at the GSMA MWC Barcelona Conference on the panel “Ask the Regulator: COVID Learnings, New Approaches.” Learn more here.

TMT partner Josh Turner, associates Sara Baxenberg and Kyle Gutierrez, and law clerk Scott Bouboulis wrote “Torts of the Future: Drones” for the U.S. Chamber of Commerce Institute for Legal Reform. Read the research here.

TMT partner Megan Brown discussed forthcoming NIST updates to the cybersecurity framework with Inside Cybersecurity. Read the article here.

TMT partner Tom Johnson was quoted in Bloomberg Law discussing federal agencies’ plans to deploy billions in new broadband funds, and in Reuters on the U.S. Court of Appeals for the Ninth Circuit’s decision to uphold California’s net neutrality law.

Recent Wiley Client Alerts, Blog Posts, and Podcasts

NTIA Issues Request for Comment on Broadband Programs Authorized by the Infrastructure Investment and Jobs Act Worth Over $46 Billion

The Top 5 Cyber Issues for 2022

New Import Codes for Drones – What You Need To Know

Cyber in 2022: What Happened and What is Coming

Cyber Partnership or Regulation—What Lurks Beneath the Water “Surge”?

Roundup Disclaimer: Information in the Wireless Roundup is current as of January 31, 2022. This document is for informational purposes only and does not intend to be a comprehensive review of all proceedings and deadlines. Deadlines and dates are subject to change.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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