$100k Consent Decree for FCC Violation

The FCC entered into a consent decree with Mobile Communications America, Inc. (“MCA”) to resolve an investigation into whether MCA operated a radio license without authorization and failed to seek Commission approval prior to transferring control of Land Mobile radio licenses. The consent decree requires MCA to admit to violations of the FCC’s rules, implement a compliance plan, and pay a $100,000 civil penalty. FCC license holders are reminded to seek prior Commission approval before transferring control of their licenses to another entity and provide notice to the Commission when completing any pro forma assignments. 

Colorado Moves to Protect Neural Data

Colorado became the first state to expand the definition of “sensitive data” to include biological and neural data after a bill was signed into law protecting the privacy of individuals’ brain activity. Colorado’s existing privacy law protects individuals’ personal data by implementing rules for entities that process the data and providing consumers rights to control the processing of their data, with additional protections for sensitive data. Now, data collected through technology that measures “biological, genetic, biochemical, physiological, or neural” properties will be deemed sensitive data under the privacy law. 

6 GHz AFC System Complaint Portal

The seven approved 6 GHz Automated Frequency Coordination (“AFC”) system operators filed a letter with the FCC confirming adherence to the condition that they create a reporting process for complaints of harmful interference made by incumbent licensees. The centralized portal provides a means for fixed microwave service licensees to report harmful interference events. Information submitted through the portal is shared with the AFC system operators and the FCC, including the Enforcement Bureau. To access the portal, a user must register with the incumbent licensee’s FCC Registration Number (“FRN”). 

Pleading Cycle Set in Emergency Alert System Proceeding

The FCC established the pleading cycle for its Notice of Proposed Rulemaking seeking comment on the establishment of a new emergency alert code for Missing and Endangered Persons called the Ashanti Alert [Vol. XXI, Issue 12]. The Commission seeks comment on creating the code for persons that do not meet the criteria for an AMBER Alert, which is used for child abductions. The FCC also seeks comment on implementing the category into the Wireless Emergency Alert System. Comments and reply comments are due May 20 and June 17, respectively. 

Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright contributed to this article.