FCC Restores Net Neutrality

In a split vote last week, the FCC voted to reclassify broadband service as a Title II telecommunications service under the Communications Act. Such a classification gives the Commission authority to implement open Internet policies, which has been referred to as “Net Neutrality.” The Commission will now be able to prohibit Internet service providers from blocking, throttling, or engaging in paid prioritization of content, and will have increased oversight of Internet outages. The FCC will also use Title II authority to revoke authorizations of foreign-owned broadband service providers. 

Lower 900 MHz Band Petition for Rulemaking

NextNav Inc. (“NextNav”) filed a Petition for Rulemaking with the FCC seeking an innovative spectrum solution in the lower 900 MHz band, which spans from 902-928 MHz. NextNav, which develops next generation positioning, navigation, timing (“PNT”), and 3D geolocation technology, requested 15 MHz of low-band spectrum for use by mobile broadband networks and new rules to enable PNT to complement and backup the Global Positioning System (“GPS”). The new band plan is meant to alleviate concerns with jamming and spoofing events targeting GPS and open the lower 900 MHz portion of spectrum to 5G services.

988 Georouting Second FNPRM

The FCC released a Second Further Notice of Proposed Rulemaking (“FNPRM”) that would require a georouting solution to be implemented for wireless calls to the 988 Suicide and Crisis Lifeline (the “Lifeline”) [Vol. XXI, Issue 13]. Georouting allows calls to be routed based on the location of the caller, rather than the location associated with the caller’s area code and exchange, to better serve the needs of those experiencing a mental health crisis. The FNPRM also seeks to ensure the privacy of callers is protected due to the sensitive nature of calls to the Lifeline. 

Pleading Cycle Extended in NORS/DIRS Proceeding

The Commission’s Public Safety and Homeland Security Bureau extended the pleading cycle for its Second Report and Order and Second Further Notice of Proposed Rulemaking considering additional Network Outage Reporting System (“NORS”) and Disaster Information Reporting System (“DIRS”) reporting obligations for broadcast entities, satellite providers, FirstNet, and broadband Internet access service (“BIAS”) providers [Vol. XXI, Issue 5]. Comments and reply comments are now due May 13 and June 12, 2024, respectively.

Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright