Wireless Roundup (October 2022)

Wiley Rein LLP

Key Wireless Deadlines

FCC Seeks Comment on Call Authentication Trust Anchor: In this Public Notice, the Wireline Competition Bureau (WCB or Bureau) of the Federal Communications Commission (FCC or Commission) requests comment on “address[ing] two recurring statutory obligations under the TRACED Act relating to the Commission's caller ID authentication rules.” First, the Bureau seeks comment on “its annual reevaluation of the STIR/SHAKEN implementation extensions granted by the Commission for implementation of the STIR/SHAKEN call authentication framework.” Additionally, the Bureau seeks comment on “its first triennial assessment of the efficacy of STIR/SHAKEN call authentication framework as a tool in [its] work combating illegal robocalls.” Comments are due October 3, and Reply Comments are due October 21.

FCC Seeks Comment on Partition, Disaggregation, and Leasing of Spectrum: In this Second Further Notice of Proposed Rulemaking (Second FNPRM), the FCC requests comment on whether potential future expansion of the Enhanced Competition Incentive Program (ECIP) for wireless services could further the congressional goals set out in the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOW Act). It also “proposes a framework for creating alternatives to population-based performance requirements for a variety of wireless radio service stakeholders with communications plans and business models not specifically targeted towards providing commercial wireless service to subscribers.” Additionally, the Commission seeks specific comment on these proposals and “a variety of alternatives to develop a robust record on the most efficient approach towards addressing this industry goal.” The Second FNPRM also requests comment on “how the proposals in the Second FNPRM may promote or inhibit advances in diversity, equity, inclusion, and accessibility, as well the scope of the Commission's relevant legal authority.” Comments are due October 20.

FTC Requests Comment on Privacy Rulemaking ANPR: On August 11, the Federal Trade Commission (FTC) released an Advance Notice of Proposed Rulemaking (ANPR) for its proposed Trade Regulation Rule on Commercial Surveillance and Data Security. The FTC asks a wide range of questions about privacy, data security, and algorithmic uses, and suggests a number of paths forward for greater regulation of privacy and what it calls “commercial surveillance.” The FTC generally seeks comment on two broad categories: (1) the “nature and prevalence of harmful commercial surveillance” and (2) “lax data security practices.” The FTC notes that any eventual rule must be grounded in “unfair or deceptive acts or practices” under Section 5 of the FTC Act. The ANPR was published on August 22. Comments are due October 21.

FCC Requests Comment on Rules for Digital Low Power Television and Television Translator Stations: In this Notice of Proposed Rulemaking (NPRM), the FCC seeks comment on adjustments to “reflect the current operating environment, including the termination of analog operations in the [low power television] LPTV/translator service as of July 13, 2021.” The NPRM seeks comment on “additional amendments, including proposing to adopt rules previously applicable to analog operations for digital operations, updating geographic coordinates to the current North American Datum (NAD) standard, modifying station identification requirements, requiring LPTV stations to transmit with a virtual channel that avoids conflicts with other stations, updating the process for filing applications with the Commission, and making certain technical modifications.” Comments are due October 24.

FCC Requests Comment on In-Space Servicing, Assembly, and Manufacturing: In this Notice of Inquiry (NOI), the FCC seeks comment on “missions conducting in-space servicing, assembly, and manufacturing (ISAM) that may involve Commission licensing and rules, including the state of the industry, technological readiness, and what steps the Commission might take to facilitate progress and reduce barriers for ISAM missions, including clarifications, updates or modifications of rules.” Comments are due October 31.

Upcoming Meetings and Events

Precision Agriculture Connectivity Task Force Meeting: The FCC’s Precision Agriculture Connectivity Task Force will meet on October 5. More details are available here.

Video Programming Accessibility Forum: The FCC’s Consumer and Governmental Affairs Bureau and the Media Bureau will co-host a virtual event, the “Video Programming Accessibility Forum – Emergency Information”on October 6. Additional information can be found here.

NIST AI RMF Workshop: The National Institute of Standards and Technology’s (NIST) will convene its third workshop for its AI Risk Management Framework (AI RMF) from October 18-19. More details are available here.

FTC Protecting Kids from Stealth Advertising in Digital Media Event: The FTC will host a virtual event on “Protecting Kids from Stealth Advertising in Digital Media” on October 19. More information can be found here.

NIST Visiting Committee on Advanced Technology Open Meeting: NIST’s Visiting Committee on Advanced Technology will hold an open meeting on October 25. Additional details are available here.

NIST ISPAB Open Meeting: NIST’s Information Security and Privacy Advisory Board (ISPAB) will hold an open meeting from October 26-27. More information can be found here.

FCC Open Meeting: The next FCC Open Meeting is scheduled for October 27. Once available, more details will be available here.

NIST Special Topics on Privacy and Public Auditability Event: NIST will hold a series of talks and panels as a part of its "Special Topics on Privacy and Public Auditability” series on October 31. More information is available here.

Did You Know?

Wiley partners Megan Brown, Tom Johnson, Josh Turner, and associate Bill Lane wrote an article for Law360 about a recent Ninth Circuit decision affirming that radiofrequency emissions limits set by the FCC preempt state and local laws that seek to impose different standards. Learn more here.

TMT partner Duane Pozza was named as one of the nation’s top “Trailblazers” in Cryptocurrency, Blockchain, and Fintech by The National Law Journal. Learn more here.

Check out our Consumer Protection and Privacy Newsletters

The latest edition of the Wiley Consumer Protection Download is available here.

You can read Wiley’s latest Privacy in Focus monthly newsletter here.

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Roundup Disclaimer: Information in the Wireless Roundup is current as of September 30, 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.

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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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