The FCC disagreed with a letter from USTelecom CEO Jonathan Spalter urging the House and Senate Intelligence committees’ leaders to “pay special attention to the FCC’s mission creep into the cybersecurity space” because of the draft NPRM (see 2310160062). Although the commission “is already actively involved in federal interagency cybersecurity planning, coordination, and response activities, it has limited authority to incorporate updated cybersecurity standards into its network policies,” a spokesperson emailed us Monday. “A clear example of this is” the FCC’s Communications Act Section 214 authority, “which provides the agency with the ability to monitor and mitigate the existence of bad actors in telecommunication systems. That authority currently extends only to phone networks, not broadband. Similarly, the FCC has been closely working with other federal agencies on the best way to identify Broadband Gateway Protocol (BGP) vulnerabilities and mitigate risks, a process that would be strengthened through Title II reclassification by providing the agency with the clear and direct authority to act in close coordination with other agencies.”
USTelecom CEO Jonathan Spalter urged the House and Senate intelligence committees' leaders Monday to “pay special attention to the FCC’s mission creep into the cybersecurity space” because of the draft net neutrality NPRM reclassifying broadband as a Communications Act Title II service (see 2309280084). Further FCC involvement in cybersecurity “will lead to confusion and conflicts over which committee and agency has jurisdiction in specific cyber-related matters,” Spalter said in a letter to Senate Intelligence Chairman Mark Warner, D-Va., House Intelligence Chairman Mike Turner, R-Ohio, and the panels’ ranking members. “This will create legal and regulatory uncertainty, hampering effective national security oversight and cooperation. It could also lead to redundancy and fragmentation of efforts, making it harder to coordinate and implement a cohesive security strategy and respond quickly to emerging threats.” There’s “nothing in the Communications Act or any other statute that gives the FCC general authority to impose prescriptive cybersecurity regulations on ISPs,” Spalter said.
California Assemblymember Jim Patterson (R) will try again next session on a vetoed bill that would have expanded eligibility for federal broadband grants administered by the California Public Utilities Commission, a Patterson spokesperson told us Wednesday. Wireless industry groups lamented Gov. Gavin Newsom’s Sunday veto of AB-1065, though they applauded the Democrat for signing AB-965, a bill meant to streamline the broadband permitting process.
CTA urged the FCC to base its proposed voluntary cybersecurity labeling program for smart devices on existing National Institute of Standards and Technology guidance, in comments posted Tuesday (see 2308100032). Other commenters urged the FCC to proceed with caution and involve industry in developing the program. Products would be labeled with the "U.S. Cyber Trust Mark" logo, for which the FCC is seeking registration from the U.S. Patent and Trademark Office. Comments were due at the FCC Friday on an August NPRM (see 2307180054).
NTIA sided with consumer groups and urged the FCC to adopt a broad definition of digital discrimination to include disparate treatment and disparate impact. In a filing posted Friday in docket 22-69, the agency said the commission should also consider actions complying with its broadband, equity, access and deployment program to be "considered presumptively lawful under the digital discrimination rules."
Reclassifying broadband as a Title II service would give the FCC more authority to do national security and public safety oversight, said a commission fact sheet released Thursday. "Currently, no federal agency can effectively monitor or address broadband outages that threaten jobs, education, and public safety," the release said, and "while the FCC has acted on a bipartisan basis to secure our communications networks against companies controlled by hostile foreign governments, the lack of specific authority over broadband leaves open a national security loophole." The proposal would allow the agency to require providers to report and fix internet outages as it does for voice services, ensure the FCC can "deny companies controlled by hostile foreign governments access to our broadband networks," and support ongoing efforts to enhance the resiliency of broadband networks. A USTelecom spokesperson said extending Title II to "critical issues involving national security and cybersecurity is proof positive that this is a major question that must be dealt with by Congress.” Former Commissioner Mike O’Rielly, meanwhile, sees the draft NPRM, released last week, as “mostly old rhetoric.” The commission “is just going through the motions via a retread of stale arguments and disproven claims, parts seem almost lazy and unthoughtful,” O’Rielly emailed: “I am somewhat surprised by the bizarre add of [Section] 214, which brings a world of unnecessary messiness, and privacy/security, [over] which the agency has no authority left. It may be just an NPRM but biting off those issues and others while not fully closing the door to rate regulation are substantive and tactical mistakes. Overall, the text doesn't fill in the intellectual missing pieces.”
The FTC’s proposed merger filing changes will cost billions for combining parties and won’t benefit consumers, telecom and tech associations told the agency in comments filed by due date Wednesday. Progressive lawmakers countered that lax antitrust rules have contributed to mass consolidation and harmed consumers. The FTC and DOJ requested comments in June on proposed changes to the Hart-Scott-Rodino premerger notification process.
The FCC's draft NPRM that would kick off the agency's efforts to reestablish net neutrality rules largely mirrored the commission's 2015 order, according to our analysis of the draft. Commissioners will consider the item during an October open meeting that will include a full commission for the first time under Chairwoman Jessica Rosenworcel despite a potential government shutdown (see 2309270056). Meanwhile, FCC Commissioner Nathan Simington said the FCC’s net neutrality push is not about protecting free speech but about protecting some tech companies.
E-rate groups, industry and state officials welcomed the FCC's proposals to expand access to the program and streamline its requirements, in comments posted Tuesday in docket 02-6. Commissioners adopted the Further NPRM in July as part of an order expanding access to E-rate for tribal libraries (see 2307200041). Some sought more guidance on certain rules and more flexibility for applicants seeking category two support.
The FCC's abdicating its internet oversight authority in 2017 largely neutered the agency's ability to protect online privacy and to require ISPs to address lengthy outages, Chairwoman Jessica Rosenworcel said Tuesday as she announced the agency was moving to take that authority back. Reclassification of broadband as a service under Title II would end having to often jury-rig legal justifications for actions the agency is taking, she said, saying October's agenda will include a draft NPRM on reinstating the agency's 2015 net neutrality rules. The move met loud criticism, including from inside the FCC, as well as support.