$15 Million Settlement for 911 and Network Outage Rule Violations

The FCC announced a $15 million settlement with Charter Communications (“Charter”) to resolve an investigation into Charter’s compliance with 911 and network outage notification rules. The investigation sought information in connection with three unplanned network outages in 2023, one of which involved disruption to more than 1,000 emergency call centers, as well as hundreds of maintenance-related network outages. The FCC’s rules require interconnected voice over Internet protocol providers to notify 911 call centers as soon as possible of outages lasting longer than 30 minutes, and to file by set deadlines in the FCC’s Network Outage Reporting System when outages reach a certain severity threshold. Charter will pay a $15 million civil penalty and implement a compliance plan, including cybersecurity provisions, to ensure adherence to the Commission’s 911 and network reporting rules. 

Voluntary Cybersecurity Labeling Program Effective Date Announced

The effective date for the FCC’s voluntary cybersecurity labeling program for wireless consumer Internet of Things (“IoT”) products is August 29, 2024. The cybersecurity labeling program is designed to provide consumers with an easy-to-understand and recognizable label that includes the U.S. Government certification mark, referred to as the U.S. Cyber Trust Mark. The Cyber Trust Mark provides assurances regarding the baseline cybersecurity of an IoT product and a label with the certification mark will include a QR code that directs consumers to a registry with specific information about the product. While participation is voluntary, those that choose to participate must comply with the requirements of the labeling program to utilize the Cyber Trust Mark. 

Net Neutrality Rules Stayed

The U.S. Court of Appeals for the Sixth Circuit in Cincinnati issued a stay of the FCC’s Net Neutrality rules, which were adopted in April. The rules reclassify broadband Internet access service (“BIAS”) as a telecommunications service under Title II of the Communications Act of 1934. The Sixth Circuit found that broadband providers were likely to succeed on the merits based on the argument that the rules likely implicate a major question for which Congress is required to provide clear authorization. The rules were originally set to go into effect on July 22, 2024, before being stayed until August 5, 2024, and are now being stayed until the court can rule on the merits. 

FCC August Open Meeting

The FCC is set to hold its Open Meeting on Wednesday, August 7, 2024. The Commission will consider a Report and Order to establish a Missing and Endangered Persons event code for use in the Emergency Alert System and in Wireless Emergency Alerts. The FCC will also consider Notices of Proposed Rulemaking to protect consumers from the abuse of artificial intelligence in robocalls and the implementation of procedural measures to improve the Robocall Mitigation Database.