Wireless Roundup (January 2023)

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Key Wireless Deadlines

FTC Seeks Comment on Petition for Rulemaking on Engagement-Optimizing Practices on Minors in Internet Services: A petition by the Center for Digital Democracy and others asks the Federal Trade Commission (FTC) to promulgate a rule prohibiting the use of certain types of engagement-optimizing design practices on minors in connection with internet services. The FTC seeks comment on the petition. Comments are due January 3, 2023.

FCC Opens Broadband Data Collection Window: The Federal Communications Commission (FCC or Commission) released a Public Notice in which the Broadband Data Task Force announced that the second Broadband Data Collection filing window for submitting broadband availability and other data as of December 31, 2022, will open next year. The window opens on January 3, 2023, and closes on March 1, 2023.

FCC Extends Comment Period on Sponsorship Identification Requirements for Foreign Government-Provided Programming: The FCC’s Media Bureau has extended the Comment and Reply Comment deadlines for the Second Notice of Proposed Rulemaking (Second NPRM) regarding sponsorship identification requirements for foreign government-provided programming. In July, the D.C. Circuit vacated a provision of the previous Report and Order in this proceeding. With this Second NPRM, the Commission seeks comment on rule changes designed to “fortify” the FCC’s sponsorship identification rules in the wake of the decision. The Second NPRM also seeks comment on an alternative approach to the certification requirement as well as a pending Petition for Clarification “regarding the applicability of the new foreign sponsorship identification rules to advertisements sold by local broadcast stations.” The extended comment deadline is January 9, 2023, and the extended reply comment deadline is January 24, 2023.

NIST Requests Comment on “Bring Your Own Device” Mobile Device Security Guide: The National Institute for Standards and Technology (NIST) requests comment on the second draft of its Mobile Device Security: Bring Your Own Device (BYOD) practice guide, which aims to “demonstrate[] how organizations can use standards-based, commercially available products to help meet their BYOD security and privacy needs.” The practice guide discusses example solutions using technologies and methodologies to enhance the security posture of adopting organizations and help protect employee privacy and organizational information assets. Comments are due January 13, 2023.

FCC Seeks Comment on Broadband Labeling Requirements: In this Further Notice of Proposed Rulemaking (FNPRM) the Commission seeks comment on adjusting the broadband consumer labels to include more comprehensive information, including on “pricing information, bundled plans, label accessibility, performance characteristics, service reliability, cybersecurity, network management and privacy issues, the availability of labels in multiple languages, and whether the labels should be interactive or otherwise formatted differently so the information contained in them is clearer and conveyed more effectively.” Comments are due January 17, 2023, and Reply Comments are due February 14, 2023.

FCC Seeks Comment on Proposed Reporting Requirements on Compromised Emergency Alert System Equipment: In this Notice of Proposed Rulemaking (NPRM), the FCC requests comment on proposed reporting requirements intended to improve the security of the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA). The NRPM would require EAS participants “to report compromises of their EAS equipment, communications systems, and services to the Commission,” as well as require Commercial Mobile Service (CMS) providers that participate in WEA to annually certify that they have a cybersecurity risk management plan in place, among other proposals. Reply Comments are due January 23, 2023. Read more here.

NTIA Requests Comment on Public Wireless Supply Chain Innovation Fund Implementation: In this request for comment (RFC), the National Telecommunications and Information Administration (NTIA) seeks comment on the implementation of the Public Wireless Supply Chain Innovation Fund, a $1.5 billion grant program appropriated by the CHIPS and Science Act of 2022 for the purpose of promoting “open, interoperable, and standards-based radio access networks (RAN). Among other things, the RFC seeks input regarding questions related to (1) the state of the industry, (2) technology development and standards, (3) integration, interoperability, and certification, (4) trials, pilots, use cases, and market development, (5) security, and (6) program execution and monitoring. Comments are due January 27, 2023.

Upcoming Meetings and Events

IWG-3 Space Services Meetings: The FCC’s seventeenth meeting of the World Radiocommunication Conference Advisory Committee Informal Working Group (IWG) 3 on Space Services will be held on January 10 and the eighteenth meeting will be held on January 31. More information can be found here and here, respectively.

IWG-4 Regulatory Issues Meetings: The FCC’s fifteenth meeting of the IWG-4 Regulatory Issues will be held on January 10 and the sixteenth meeting will be held on January 31. More details are available here and here, respectively.

IWG-1 Maritime, Aeronautical and Radar Services Meetings: The FCC’s thirteenth meeting of the IWG-1 Maritime, Aeronautical and Radar Services will be held in January 11 and the fourteenth meeting will be held on January 24. More information can be found here and here, respectively.

IWG-2 Terrestrial Services Meetings: The FCC’s thirteenth meeting of the IWG-2 Terrestrial Services will be held in January 11 and the fourteenth meeting will be held on January 24. More information can be found here and here, respectively.

Webinar on NIST Digital Identity Guidelines Rev. 4: NIST’s Cybersecurity Center of Excellence (NCCoE) will hold a webinar covering Revision 4 of NIST Special Publication 800-63, Digital Identity Guidelines (Draft NIST SP 800-63-4) on January 12. Additional information is available here.

NIST IoT Advisory Board Open Meeting: NIST’s Internet of Things (IoT) Advisory Board will hold an open meeting on January 18 and 19. More details can be found here.

NCCoE Learning Series Introduction: NIST’s NCCoE will be kicking off its 2023 Learning series with an overview of the NCCoE on January 25. More information is available here.

FCC Open Meeting: The next FCC Open Meeting is scheduled for January 26. Once available, more details will be available here.

Did You Know?

January 12: Wiley TMT Partners Duane C. Pozza, Kathleen E. Scott, and Joan Stewart are hosting a Wiley Webinar titled “Staying Ahead of State Privacy Laws: Tips and Best Practices for Building Compliant Strategies for Five Key States.” This webinar will address new privacy laws in California, Virginia, Colorado, Connecticut, and Utah. Register here.

Wiley announced its promotions for 2023. Among these promotions to partner were Sara M. Baxenberg, Daniel P. Brooks, and Joan Stewart within the TMT Practice Group. Read more here.

December 15: TMT partners Scott D. Delacourt and Henry Gola were moderators at the Practising Law Institute’s 40th Annual Institute on Telecommunications Policy & Regulation. Delacourt moderated the panel titled “FCC Bureau Chiefs: Current and Future Priorities,” while Gola moderated the panel titled “The Global Space Race: What’s Here and What’s Next.” Delacourt was a co-chair of the event. Read more here.

Wiley created a Sanctions and Export Controls Resource Center, which hosts our latest insights related to sanctions, export controls, digital currency, cybersecurity and privacy, and other issues surrounding Russia's invasion of Ukraine.

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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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