Wireless Roundup (March 2024)

Wiley Rein LLP

Wiley Rein LLP

Key Wireless Deadlines

FCC Requests Comment on Proposed Rules Regarding Prevention and Elimination of Digital Discrimination: In this Further Notice of Proposed Rulemaking (FNPRM), the Federal Communications Commission (FCC or Commission) seeks further comments on affirmative obligations for service providers to expand broadband access. Proposed obligations include annual reports describing substantial broadband projects and internal compliance programs requiring periodic review of demographics of served communities and pending and planned projects. Comments are due March 4 and reply comments are due April 1.

FCC Seeks Comment on Allocating Spectrum for Non-Federal Space Launch Operations: In this Second FNPRM, the Commission requests comment on whether to add new spectrum allocations for post-launch and suborbital spaceflight operations in the VHF, L-, X-, or S-bands and whether to expand use of the 2360-2395 MHz band. The Commission also seeks comment on the National Telecommunications and Information Administration’s (NTIA) request to add three new footnotes to the Table of Frequency Allocations to address use of spectrum by manned and unmanned spacecraft during space missions. Comments are due March 4 and reply comments are due April 1.

FCC Invites Comment on Targeting and Eliminating Unlawful Text Messages and Implementation of the Telephone Consumer Protection Act: In this Second FNPRM, the FCC seeks comment on its proposed text blocking requirement and alternative options for providers to block illegal texts. The Commission also requests comment on text message authentication and email-to-text services opt-in. Reply comments are due March 11.

Upcoming Meetings and Events

  • FCC Open Meeting: The next FCC Open Meeting is scheduled for March 14. Meeting details and agenda can be found here. The agenda includes:
    • Cybersecurity Labeling Program for Smart Products Report and Order (R&O)
    • Re-Defining ‘High-Speed’ Internet to Match Market Realities Report
    • Single Network Future: Supplemental Coverage from Space R&O and FNPRM
    • ‘All-In’ Cable and Satellite TV Pricing R&O
    • ‘Missing and Endangered Persons' Emergency Alert Code Notice of Proposed Rulemaking
  • FTC PrivacyCon 2024: The Federal Trade Commission (FTC) is hosting its eighth annual PrivacyCon to discuss the latest research and trends related to consumer privacy and data security on March 6. More details can be found here.

Cyber Corner

NIST CSF 2.0 Released: On February 26, 2024, the National Institute of Standards and Technology (NIST) released the long-awaited version 2.0 of its Cybersecurity Framework. This revision adds a sixth Function (Govern) and includes online-only supporting material such as quick start guides, Profiles, and Informative References.

NSTAC Draft Report on Measuring and Incentivizing Cybersecurity Best Practices: In advance of its March 7, 2024 meeting, the National Security Telecommunications Advisory Committee (NSTAC) has released a Draft Report to the President, Measuring and Incentivizing the Adoption of Cybersecurity Best Practices, recommending, among other measures, financial incentives and liability protections for companies to adopt cybersecurity best practices, and that any new cybersecurity regulatory requirements be aligned with the NIST CSF 2.0 and successor versions.

FCC Releases Draft Report and Order on IoT Cybersecurity Labeling: On February 22, 2024, the FCC released a draft Report and Order implementing the U.S Cyber Trust Mark Internet of Things (IoT) cybersecurity labeling program. The FCC will vote on the draft at the upcoming March 14, 2024, Open Meeting. For more information, see our client alert here.

Did You Know?

Wiley created an artificial intelligence (AI) hub, All Things AI, to showcase thought leadership and insights on AI legal and regulatory matters.

Wiley partners Jennifer D. Hindin and Madeleine Lottenbach joined discussions on emerging space policy at the inaugural Space Beach Law Lab on the historic Queen Mary in California.

Kathleen E. Scott, Duane C. Pozza, Kevin G. Rupy, Megan L. Brown, Scott D. Delacourt, Stephen J. Conley, and Kelly Laughlin authored an article, Navigating The FCC's Rules On AI-Generated Robocall Voices, published in Law360.

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.

Check out our Consumer Protection Download Newsletter, the latest edition is available here.

Recent Wiley Client Alerts, Blog Posts, and Podcasts

FCC Restarts Collection of EEO Workforce Data on Form 395-B

Lawsuits Continue to Impact State Laws Regulating the Internet

FCC Continues Push to Establish IoT Cyber Trust Mark Program

Fourth Circuit Opens Door to Future ISP Defenses in Vacating $1 Billion Copyright Judgment Against Cox Communications

SEC Chairman Critiques AI: Compares Faulty AI to "Hallucinogenic Mushrooms" and Predicts Regulation and Oversight

Cyber and Government Procurement: An Update as the FASC Piles on Supply Chain Security Regulations

California Appeals Court Allows Immediate Enforcement of CPRA Regulations

FCC Extends Regulatory Reach Over AI: Announces TCPA Restrictions Cover AI-Generated Voices in Outbound Calls

How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

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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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