Selection of the 6th U.S. Circuit Appeals Court to hear industry challenges to the net neutrality order may bode well for industry. Still, many questions remain, including which judges will hear the case and whether arguments are ultimately held in the Ohio-based court, industry experts said Friday.

FCC commissioners unanimously approved an NPRM Thursday proposing specific reporting requirements on the nation's largest broadband providers regarding their border gateway protocol (BGP) security practices. "What was meant to be a short-term solution developed on the sidelines of an internet engineering conference is still with us today," Chairwoman Jessica Rosenworcel said during the commissioners' open meeting. "While BGP has allowed network operators to grow and evolve the modern internet, it was not designed with explicit security features to ensure trust in exchanged information," Rosenworcel said. Also adopted was an NPRM proposing an update of the commission's letter of credit (LOC) rules for its USF high-cost programs serving rural communities and an NPRM changing low-power TV station rules.

The Biden administration will complete a cyber pilot program in 2025 to better understand how it should harmonize cyber regulations, save money and improve cyber outcomes, National Cyber Director Harry Coker said Tuesday. In Aiugust, the Office of National Cyber Director issued a request for information about harmonizing regulation across federal agencies (see 2311030046). ONCD on Tuesday issued a summary of public feedback, which included comments from USTelecom, NCTA, CTIA, BSA | The Software Alliance and the U.S. Chamber of Commerce, as well as consumer groups like Consumer Reports and the Electronic Privacy Information Center. Many commenters said cyber compliance costs are forcing organizations to draw resources away from cybersecurity programs, Coker said Tuesday. A related issue is that international and state regulatory frameworks create inconsistencies and duplication, he said. Coker noted the Chamber of Commerce, the National Electrical Manufacturers Association and CTIA “suggested that Congress consider legislation to set national, high-level standards for cybersecurity.” ONCD expects it will complete a pilot program in 2025 that explores cyber reciprocity. The term refers to the federal government relying on internal and external organizations’ security assessments, which can reduce time, costs and resources when authorizing federal information technology systems. The pilot program will focus on a reciprocity framework “to be used in a critical infrastructure subsector,” said Coker. Commenters believe there’s a lack of regulatory harmonization and reciprocity, which impacts the competitiveness of businesses in “all sectors,” Coker noted. The pilot program will give ONCD “valuable insights as to how best to design a cybersecurity regulatory approach from the ground up,” he said.

A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service (see 2405310074). The coalition asked the FCC to stay the effective date of its order and declaratory ruling pending judicial review. Coalition members included USTelecom, NCTA, CTIA, ACA Connects and several state broadband associations.

The FCC’s updated data breach notification rule “encapsulates the wrong way for the administrative state to approach rulemaking,” TechFreedom’s 6th U.S. Circuit Appeals Court amicus brief said Thursday in support of the five petitioners seeking to invalidate the rule as contrary to law (see 2402210026).

AT&T raised legal and constitutional concerns as it protested a California Public Utilities Commission proposed decision that denies it relief of carrier of last resort (COLR) obligations. But in other comments the agency received Thursday, some local representatives strongly supported the plan to dismiss AT&T’s application. “Upholding this decision is vital to ensure residents across California … continue to have access to basic telephone service,” said San Mateo County in docket R.23-03-003.

Comments on Wednesday by Diana Eisner, USTelecom vice president-policy and advocacy, that only 1.3% of ‘landline only’ Americans” use “expensive-to-maintain legacy copper networks" show the need for change, the Free State Foundation said Thursday on X, formerly Twitter. The group cited our report (see 2405290061). “It's wrong that, in such a radically changed market, @FCC is so slow to eliminate outdated regs!” FSF said. It would be “helpful to understand how much federal and state USF $$ is being expended to keep the copper going for the 1.3%, plus all the other households not using the copper for voice,” Lukas LaFuria’s David LaFuria responded.

The costs of complying with the FCC’s updated data breach notification rule “detract from the core work” of five trade associations' small-business members “to connect existing and new customers in hard-to-serve areas and close the digital divide,” said those trade groups in an amicus brief Wednesday in the 6th U.S. Circuit Appeals Court. Joining the brief were ACA Connects, the Competitive Carriers Association, NTCA, the Wireless ISP Association and WTA.

A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service.

USTelecom urged the FCC to continue designating its Industry Traceback Group (ITG) as the consortium to coordinate industry efforts on identifying illegal robocalls. The group noted in a letter Wednesday in docket 20-22 that the ITG "receives direction and support from a broad cross-section of the communications industry." The ITG "continues to meet the criteria established in the Traced Act for the registered consortium and the ITG’s track record demonstrates that it is and remains the best candidate for the role of the commission-designated registered consortium," USTelecom said.