Friday, December 6, 2024
Headlines Daily Digest
Today: Meeting of the Communications Equity and Diversity Council
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The Federal Communications Commission is taking steps to address vulnerabilities in US telecommunications networks following the Salt Typhoon cyberattack, a sophisticated intrusion linked to foreign state-sponsored actors. These measures aim to safeguard critical communications infrastructure and ensure national security, public safety, and economic resilience in the future:
- Affirming Cybersecurity Obligations and Increasing Accountability: FCC Chairwoman Jessica Rosenworcel has proposed a Declaratory Ruling that would clarify that Section 105 of the Communications Assistance for Law Enforcement Act (CALEA) creates a legal obligation for telecommunications carriers to secure their networks against unlawful access and interception. The proposal clarifies that telecommunications carriers’ duties extend not just to the equipment they use but how they manage their networks.
- New Compliance Framework: Under a Notice of Proposed Rulemaking circulated today, the FCC proposed an annual certification requirement for communications service providers to:
- Create, update, and implement cybersecurity risk management plans.
- Certify compliance with these plans to the FCC to ensure accountability.
- Seeking Broader Action: The proposed Notice of Rulemaking invites public comment on:
- Expanding cybersecurity requirements across a range of communications providers.
- Identifying additional ways to enhance cybersecurity defenses for communications systems.
Chairwoman Rosenworcel Announces Agency Action to Require Telecommunications Carriers to Secure Their Networks
Federal Communications Commission Chairwoman Jessica Rosenworcel proposed urgent action to safeguard the nation’s communications systems from real and present cybersecurity threats, including from state-sponsored cyber actors from the People’s Republic of China. The Federal Communications Commission will act to ensure telecommunication companies are required to secure their networks. Chairwoman Rosenworcel has shared with her fellow commissioners a draft Declaratory Ruling finding that section 105 of Communications Assistance for Law Enforcement Act (“CALEA”) affirmatively requires telecommunications carriers to secure their networks from unlawful access or interception of communications. That action is accompanied by a proposal that would require communications service providers to submit an annual certification to the FCC attesting that they have created, updated, and implemented a cybersecurity risk management plan, which would strengthen communications from future cyberattacks. If adopted, the Declaratory Ruling would take effect immediately. In addition, the draft Notice of Proposed Rulemaking would seek comment on cybersecurity risk management requirements for a wide range of communications providers. The proposal would also seek comment on additional ways to strengthen the cybersecurity posture of communications systems and services.
The FirstNet network, operated by the FirstNet Authority as an independent agency within the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA), enables the fire service, EMS, and law enforcement to do their jobs more safely and effectively, no matter where they are located. The network is exclusive to emergency services, giving responders the ability to access the resources they need in real time as they respond to incidents. They can look up information about infrastructure near the scene, locate water facilities, and instantly share data with their response partners, all within a secure, protected network built specifically for their use. In short, FirstNet ensures emergency responders always have access to the network — resulting in faster, stronger, and more effective communications for all first responders. To improve and further the development of FirstNet, the FirstNet Authority meets with stakeholders such as the International Association of Fire Chiefs (IAFC) — as well as other emergency response organizations, communication centers, and law enforcement agencies — to learn about their operational needs, their experiences using the network, and suggested strategies for filling any gaps identified by responders on the ground.
U.S. Senate Commerce Committee Ranking Member Ted Cruz’s (R-TX) bipartisan legislation, the TAKE IT DOWN Act, passed the Senate unanimously and now moves to the House for consideration. The TAKE IT DOWN Act, which Sen. Cruz introduced with Sen. Amy Klobuchar (D-MN), would criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated NCII, and require social media and similar websites to have in place procedures to remove such content within 48 hours of notice from a victim.
Sens Baldwin, Ernst’s Bipartisan Legislation to Cut Red Tape and Expand Access to Internet in Rural America Passes Senate
Sens Tammy Baldwin (D-WI) and Joni Ernst (R-IA) announced that their bipartisan Access to Capital Creates Economic Strength and Supports (ACCESS) Rural America Act, unanimously passed the U.S. Senate. The legislation expands access to broadband in rural areas by easing the burden of regulatory costs for smaller broadband providers that rural communities rely on. The ACCESS Rural America Act provides regulatory relief to rural telecommunications service providers by allowing them to submit streamlined financial reports to the Securities and Exchange Commission (SEC). These small companies—many of which are the sole service providers in their region—could be put out of business by regulatory costs and unnecessary red tape. Specifically, this bipartisan legislation would create an exemption from certain SEC public registration and reporting requirements for rural telecommunications companies. This will save these small companies from costly and burdensome requirements that were never intended for them.
Earlier this year, a Benton Institute for Broadband & Society survey of low-income households found that 13 percent of Affordable Connectivity Program (ACP) participants (approximately 3 million households) would disconnect their home internet service without the subsidy and 36 percent (or 8.3 million households) would downgrade to a cheaper or slower plan. Although the 118th Congress failed to provide additional funding needed to keep ACP running, some continue to advocate for a permanent solution to make broadband service affordable for low-income households moving forward. This week, EducationSuperHighway proposed a new program in a report titled A Broadband Affordability Benefit to Connect the Unconnected. In this article, we quickly recap EducationSuperHighway's proposal.
Many families are looking for faster, cheaper ways to go online at home. Lumen Technologies and Quantum Fiber recently introduced a new affordable internet program called the Simply Fiber Internet Plan to help boost digital access for more households. The new program offers qualifying households who don’t currently subscribe to Quantum Fiber access to affordable, high-speed fiber internet as part of our commitment to creating digitally inclusive communities and improving digital opportunities for more Americans. Eligible households in Quantum Fiber markets can get up to 200 Mbps internet speed for $30/month plus applicable taxes and fees, including free installation and 360 WiFi, which delivers extended coverage throughout the home.
The Federal Communications Commission's Office of Engineering and Technology (OET) conditionally approved AXON Networks to operate an automated frequency coordination (AFC) system to manage access to 6 GHz band spectrum by standard-power unlicensed devices. Under this conditional approval, AXON Networks will not be permitted to begin commercial operation of its AFC system until it completes a rigorous testing process, which may begin immediately. This process will require that AXON Networks’ AFC system undergo both lab testing and a public trial. Once AXON Networks’ conditionally approved AFC system has successfully completed the testing process, OET will approve the system for full commercial operation. The approval is subject to the following conditions:
- AXON Networks must comply with all current and future Commission rules, instructions, and procedures.
- AXON Networks must comply with all instructions issued by OET pursuant to section 0.241(k) of the Commission’s rules.
- AXON Networks must attend workshops and meetings convened by the Commission or OET. Workshop or meeting topics may include: (1) AFC system development and operations; (2) AFC system testing and certification procedures; or (3) other topics relevant to the ongoing development of the AFC systems.
- If AXON Networks relies on third party or proprietary specifications or protocols for its AFC system, these specifications or protocols must be consistent with the relevant Commission rules. All such specifications and protocols must be provided to, and will be reviewed by, OET to ensure consistency with the Commission’s rules.
- AXON Networks must undertake steps to have its AFC system undergo lab testing as described in the 2023 Public Notice.29
- AXON Networks must undertake steps to have its AFC system undergo a public trial as described in the 2023 Public Notice.30
- AXON Networks must respond to all inquiries from OET staff during OET’s examination of the testing data and make any modifications to its AFC system requested by OET staff as part of the testing process.
- AXON Networks must promptly respond to any requests for information or direction from the Commission, including the Enforcement Bureau.
- AXON Networks may not make its AFC system available for commercial operations until it receives final approval from OET.
A change of administration brings a change to the Federal Communications Commission as the majority swings from Democratic to Republican. I’ve always maintained a regulatory wish list, and the following are my hopes for what we’ll see out of the new FCC. These aren’t predictions—just my own list of hopes.
- Keep going with the 5G Fund—but get the maps right first.
- Enforce Rural Digital Opportunity Fund buildout requirements.
- Push Congress to get Spectrum Auction Authority.
- Say no to big internet service providers once in a while.
- Put some teeth back into the consumer complaint process.
- Do not declare job done and that rural broadband has been fixed.
Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org), Grace Tepper (grace AT benton DOT org), and Zoe Walker (zwalker AT benton DOT org) — we welcome your comments.
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