Restoring Internet Freedom NPRM

At the FCC May Open Meeting, the Commission adopted a Notice of Proposed Rulemaking that includes proposals to reverse the classification of Internet Service Providers (ISPs) as telecommunications carriers under Title II of the Communications Act, re-classify mobile broadband as private mobile service, and eliminate the Internet conduct standard adopted in the 2015 Open Internet Order.  The NPRM also seeks comment on whether the Commission should keep, modify, or eliminate the bright-line rules established in the 2015 order.  The proposal to reclassify Internet Service as an information service substantially curtails the FCC’s authority to regulate small and large ISPs and has important implications for pole attachments. 

APCO Makes the Case Against Opting-Out

Last week, the Association of Public Safety Communications Officials (APCO) released a  blog post laying out the benefits of opting-in to the FirstNet plan.  The blog criticized vendors and consultants for making false promises in attempting to encourage states to opt-out.  These “false promises” include the notion that states can financially benefit from opting-out.  The blog quashes this, explaining that law prevents states from using revenue for anything other than the public safety network. 

The FCC hopes to finalize its rules for evaluating interoperability of alternative state plans before FirstNet introduces state plans.  FirstNet plans to deliver initial state plans by mid-June and finalize these plans by the end of September (and possibly sooner for those states wanting an early opt-in).  After receiving FirstNet’s state plan, governors will have 90 days to decide whether to opt-out of allowing AT&T to buildout and maintain their RAN and another 180 days for states to complete RFPs and submit alternative plans for FCC approval. 

Redl Nominated to Head NTIA

The White House announced that President Trump plans to nominate David Redl, chief Republican counsel for the House communications and technology subcommittee, to head the National Telecommunications and Information Administration (NTIA).  The decision elicited widespread praise from FCC Chairman Ajit Pai, House lawmakers, and telecom industry leaders who feel Redl’s years of experience in the telecom industry will benefit all interested stakeholders. 

Executive Order Supportive of NIST Cyber Framework

NIST released a draft update of its Cybersecurity Framework on January 10.  President Trump acknowledged the importance of the framework by signing an executive order requiring federal agencies to adhere to the NIST framework.  The EO requires the heads of all civilian federal agencies to submit a report of compliance with the framework to the Department of Homeland Security and the Office of Management and Budget within 90 days of the Executive Order being published.