Wireless Roundup (October 2023)

Wiley Rein LLP

Key Wireless Deadlines

FCC Releases Draft Notice of Proposed Rulemaking on Net Neutrality: The Federal Communications Commission (FCC or Commission) has released the long-awaited draft of its Notice of Proposed Rulemaking (NPRM) on net neutrality. In the NPRM, the Commission proposes to reestablish authority over broadband internet by classifying internet service providers (ISPs) as telecommunications service providers under Title II of the Communications Act. We break down the implications of the Draft NPRM in more detail here. Comments are due December 14, 2023 and reply comments are due January 17, 2024.

FCC Seeks Comment on the 5G Fund for Rural America Implementation: In this Further Notice of Proposed Rulemaking (FNPRM), the Federal Communications Commission seeks comment on various issues related to implementing the 5G Fund for Rural America. Specifically, the Commission asks for updated comments on defining the areas eligible for 5G Fund support, the budget for the 5G Fund, and what metrics and geographic areas to use for bidding and identifying winning bids in the 5G Fund Auction. The FNPRM also invites comment on how to measure 5G Fund support recipient’s compliance with its public interest obligations and performance requirements, and whether the proceeding could create an opportunity to support additional deployment of Open Radio Access Network technologies, among other inquiries. Comments are due October 23 and reply comments are due November 21.

FCC Invites Comment on its IoT Cybersecurity Labeling Program: In this NPRM, the Commission seeks comment on its proposed voluntary cybersecurity labeling program that would provide information to consumers on the relative security of an Internet of Things (IoT) device or product. The Commission proposes to limit the program eligibility to IoT devices that intentionally emit radio frequency (RF) energy but asks whether the Commission should also include other devices such as products that connect to Wi-Fi as an intermediary. The NPRM also asks for input on oversight and management via its proposal to create Cybersecurity Labeling Authorization Bodies, the development of criteria and standards stemming from the National Institute of Standards and Technology’s (NIST) proposal, and program administration issues. Per an extension of the comment deadlines, comments are due October 6 and reply comments are due November 10.

Upcoming Meetings and Events

  • FCC Open Meeting: The next FCC Open Meeting is scheduled for October 19. Meeting and agenda details can be found here. The agenda includes:

Cyber Corner

NIST Seeks Comment on Draft Updates to NIST SP 1800-36: The NIST is seeking comment on the Drafts of volumes A (Executive Summary) and D (Functional Demonstrations) of NIST SP 1800-36, which addresses trusted IoT device network-layer onboarding and lifecycle management. Comments are due November 10.

NIST National Standards Strategy Request for Information (RFI): NIST is seeking comment on how best to develop and implement the National Standards Strategy for Critical and Emerging Technology (NSSCET). The RFI asks general questions about benefits and risks of standards development and about barriers to private sector participation. It also asks questions associated with each pillar of the Strategy: Investment, Participation, Workforce, and Integrity and Inclusivity. Comments are due November 6.

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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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