Tentative plans by DOJ's Antitrust Division and the FTC not to challenge a vertical transaction if the parties have a share of less than 20% of a relevant market raised several red flags in comments submitted last week. The agencies got several recommendations that we received earlier (see 2002270043). We asked both Wednesday for all the submissions, and received a link from the FTC. Last week, we had filed a Freedom of Information Act request for them, which we are seeking on Monday to withdraw.

Washington state’s House Innovation, Technology and Economic Development Committee advanced Senate-passed SB-6281 6-3 Friday (see 2002270065). An amendment establishing a private right of action passed. One that would remove a controversial facial recognition section failed.

Washington state’s House Innovation, Technology and Economic Development Committee advanced Senate-passed SB-6281 6-3 Friday (see 2002270065). An amendment establishing a private right of action passed. One that would remove a controversial facial recognition section failed.

The FCC handed down proposed fines Friday against the four national carriers for failing to safeguard data on their customers' real-time locations (see 2002270063). T-Mobile faces the biggest at more than $91 million, followed by AT&T, $57 million; Verizon, $48 million; and Sprint, $12 million. FCC Chairman Ajit Pai announced during the news conference after the commissioners’ meeting that the notices of apparent liability had been approved and would be issued shortly (see 2002280040). Three commissioners raised questions about the FCC approach, including in media Q&A with us.

The FCC handed down proposed fines Friday against the four national carriers for failing to safeguard data on their customers' real-time locations (see 2002270063). T-Mobile faces the biggest at more than $91 million, followed by AT&T, $57 million; Verizon, $48 million; and Sprint, $12 million. FCC Chairman Ajit Pai announced during the news conference after the commissioners’ meeting that the notices of apparent liability had been approved and would be issued shortly (see 2002280040). Three commissioners raised questions about the FCC approach, including in media Q&A with us.

The Senate passed the Secure and Trusted Communications Networks Act (HR-4998) by unanimous consent Thursday, as expected (see 2002130054). The House-passed measure would allocate at least $1 billion to help U.S. communications providers remove from their networks Chinese equipment determined to threaten national security (see 1912160052). It now moves on to President Donald Trump. “By establishing a ‘rip and replace’ program, this legislation will provide meaningful safeguards for our communications networks and more secure connections,” said Senate Commerce Committee Chairman Roger Wicker, R-Miss. The committee will hold a hearing Wednesday on 5G supply chain security (see 2002260028). Senate Commerce called HR-4998 a companion to the committee-cleared U.S. 5G Leadership Act (S-1625), but the two measures have different funding language. Those differences led Sen. Mike Lee, R-Utah, to object to moving HR-4998 by UC in December (see 1912190068). HR-4998's passage “is a significant milestone to address security issues identified by Congress” and the Trump administration, said Competitive Carriers Association CEO Steven Berry. It “provides much-needed guidance to all carriers, and importantly, resources.” The Telecommunications Industry Association “applauds this decisive action to support efforts for the replacement of equipment that raises national security risks with equipment from trusted suppliers,” said CEO David Stehlin. “Congress is also sending a clear signal to the global industry that the U.S. will continue to lead the way on 5G security.” The Rural Wireless Association said that “without this crucial funding, rural carriers would lack the financial means to effectuate rapid replacement.”

A Maryland House vice chair asked why the state should pass net neutrality given litigation against other states and possible constitutional hurdles. The Maryland House Economic Matters Committee heard testimony Wednesday on a hybrid net neutrality/ISP privacy bill (HB-957). Two other privacy bills at the hearing in Annapolis covered topics that could be part of an effort this summer by a working group led by Del. Ned Carey (D) to develop a comprehensive data privacy bill for next year, said Comcast Vice President-State Government Sean Looney. Net neutrality bills have come up since 2018 in the state's legislature. Vice Chair Kathleen Dumais (D) asked why Maryland “should go out on a limb” before court decisions for other states facing litigation by ISPs. California and Vermont net neutrality laws are on hold after ISPs sued, noted Dumais. “How do we get beyond the supremacy clause of the U.S. Constitution?” ISPs "will challenge anything,” said Gigi Sohn, Benton Institute senior fellow. Maryland Attorney General Brian Frosh (D) supports HB-957. Frosh was one state AG that challenged FCC repeal. Del. Mark Fisher (R) disagreed with some advocates, doubting network operators would invest if they face restrictions. The bill might have more support if it addressed only privacy, he said. Net neutrality supporters have been declaring the end of the web for the three years the bill has been in the legislature, but the internet has become faster and more reliable, said Comcast's Looney. Don’t weave a patchwork of state net neutrality laws, said cable lawyer Matthew Brill of Latham and Watkins: the supremacy clause precludes state action. Wireless users are protected, and it’s “untenable” for states to regulate a national service, said CTIA Director-State Legislative Affairs Lisa McCabe. Comcast urged lawmakers to delay geolocation and biometrics proposals by Del. Sara Love (D) so the privacy working group can look at it this summer. HB-307 proposes biometric data retention rules. HB-1389 would require opt-in consent and disclosure before businesses can collect, use, store or disclose geolocation information from a location-based app. Frosh's office supports Carey's bill (HB-237) to expand the Maryland Person Information Protection Act, said Assistant AG Hanna Abrams. “If you collect data, protect it,” she said. “If something happens, let people know.” Consumer Reports supports requiring manufacturers to secure IoT devices under Carey’s HB-888, said Policy Counsel Katie McInnis. Del. Warren Miller (R) raised a concern the bill may be too broad by including Bluetooth.

The Senate passed the Secure and Trusted Communications Networks Act (HR-4998) by unanimous consent Thursday, as expected (see 2002130054). The House-passed measure would allocate at least $1 billion to help U.S. communications providers remove from their networks Chinese equipment determined to threaten national security (see 1912160052). It now moves on to President Donald Trump. “By establishing a ‘rip and replace’ program, this legislation will provide meaningful safeguards for our communications networks and more secure connections,” said Senate Commerce Committee Chairman Roger Wicker, R-Miss. The committee will hold a hearing Wednesday on 5G supply chain security (see 2002260028). Senate Commerce called HR-4998 a companion to the committee-cleared U.S. 5G Leadership Act (S-1625), but the two measures have different funding language. Those differences led Sen. Mike Lee, R-Utah, to object to moving HR-4998 by UC in December (see 1912190068). HR-4998's passage “is a significant milestone to address security issues identified by Congress” and the Trump administration, said Competitive Carriers Association CEO Steven Berry. It “provides much-needed guidance to all carriers, and importantly, resources.” The Telecommunications Industry Association “applauds this decisive action to support efforts for the replacement of equipment that raises national security risks with equipment from trusted suppliers,” said CEO David Stehlin. “Congress is also sending a clear signal to the global industry that the U.S. will continue to lead the way on 5G security.” The Rural Wireless Association said that “without this crucial funding, rural carriers would lack the financial means to effectuate rapid replacement.”

The Senate passed the Secure and Trusted Communications Networks Act (HR-4998) by unanimous consent Thursday, as expected (see 2002130054). The House-passed measure would allocate at least $1 billion to help U.S. communications providers remove from their networks Chinese equipment determined to threaten national security (see 1912160052). It now moves on to President Donald Trump. “By establishing a ‘rip and replace’ program, this legislation will provide meaningful safeguards for our communications networks and more secure connections,” said Senate Commerce Committee Chairman Roger Wicker, R-Miss. The committee will hold a hearing Wednesday on 5G supply chain security (see 2002260028). Senate Commerce called HR-4998 a companion to the committee-cleared U.S. 5G Leadership Act (S-1625), but the two measures have different funding language. Those differences led Sen. Mike Lee, R-Utah, to object to moving HR-4998 by UC in December (see 1912190068). HR-4998's passage “is a significant milestone to address security issues identified by Congress” and the Trump administration, said Competitive Carriers Association CEO Steven Berry. It “provides much-needed guidance to all carriers, and importantly, resources.” The Telecommunications Industry Association “applauds this decisive action to support efforts for the replacement of equipment that raises national security risks with equipment from trusted suppliers,” said CEO David Stehlin. “Congress is also sending a clear signal to the global industry that the U.S. will continue to lead the way on 5G security.” The Rural Wireless Association said that “without this crucial funding, rural carriers would lack the financial means to effectuate rapid replacement.”

Small, rural carriers may find it harder to absorb costs of federal requirements to trace illegal robocalls, said panelists at an FCBA event Thursday on implementing the Traced Act, which became law last year. Voice providers aren't allowed to add line item charges for call blocking services. That doesn't mean carriers won't raise prices. "It depends on the magnitude of the costs" to companies for upgrading their networks and ongoing costs to administer call blocking and traceback efforts, NTCA Senior Vice President-Industry and Business Affairs Mike Romano told us. "If the costs are significant, they'll have to" raise prices, Romano said. He hasn't heard of such plans. Philip Macres of Klein Law Group said he has heard that even for small operators, it can cost $100,000 to upgrade a network for call authentication. "There are upfront costs and ongoing costs to operate," Romano said. USTelecom Senior Vice President-Policy and Advocacy Patrick Halley said operators should be careful in evaluating vendors because risk can be involved "when you have a regulatory obligation to do something in a short period." Romano said NTCA members are sensitive to issues of "reasonable analytics" used for call authentication because rural carriers were the ones that historically had problems with call completion when larger carriers didn't send phone traffic their way. The vast majority of members run IP-based phone networks, Romano said, which makes it easier to provide caller authentication for traffic originating on them. Too often, rural carriers must rely on tandem networks that still use TDM switching, he said: In many of those cases, authenticated calls from the small IP-based phone companies "will be sending out [authentication] certificates to nowhere."