The U.S. is the “epicenter of wireless innovation and competition” and the FCC should find that the industry is effectively competitive, CTIA said in comments as the agency prepares its annual report on the state of competition in mobile wireless. Every Obama administration FCC has made the same finding of a lack of competition in the U.S. market (see 1512300048). The past two years, the Wireless Bureau issued the report on delegated authority without a vote of the commissioners. Industry observers said Wednesday this final report of the Obama administration is likely to draw the same conclusion. Comments were filed in docket 16-137.
With comments due Friday on the FCC ISP privacy NPRM, rules are expected to track very closely what was proposed by Chairman Tom Wheeler and approved by a sharply divided commission March 31 (see 1603310049), many stakeholders said in interviews last week. The big wild card is that because Wheeler likely will need full support of both Democrats, Jessica Rosenworcel and Mignon Clyburn, the rules may have to be tweaked to get both on board, they said. Comments were still rolling in at the FCC (see 1605270033)
Debate during a Senate Commerce Committee hearing Tuesday on the Internet Assigned Numbers Authority (IANA) transition centered on the perceived merits and consequences of proposed delays of the transition, as expected (see 1605230059). Several committee Republicans expressed interest in seeking the delay via an extension of NTIA's current contract with ICANN to administer the IANA functions, but their interest didn't appear to be strong enough to signal actual momentum in favor of a delay, stakeholders said in interviews. The IANA transition faced other roadblocks on Capitol Hill Tuesday, including the House Appropriations Committee's retention of a rider in its proposed FY 2017 Department of Commerce budget that would extend an existing ban on NTIA's use of funds on the IANA transition. House Appropriations cleared the Commerce budget on a voice vote Tuesday with the IANA transition rider intact.
The FCC should ensure that efforts to streamline international licensing and other authorizations actually accomplish that, said industry parties reacting to an NTIA letter suggesting commission process changes to facilitate executive branch reviews (see 1605120035). Parties voiced concern that the administration's proposal for the FCC to require certain applicants to provide more information upfront is overly broad and could add to industry burdens. They said the FCC should issue an NPRM that proposes specific time frames and other steps to streamline its international reviews, which are coordinated with the executive branch's "Team Telecom" on national security, law enforcement and other issues. Comments on an FCC public notice teeing up the NTIA letter were posted in docket 16-155 Monday and Tuesday.
Wiley Rein became the Satellite Industry Association's first affiliate member, SIA said in a news release Monday. The trade group launched its affiliate membership category in 2015, aimed at companies and groups previously not eligible for membership.
The Senate Commerce Committee’s hearing Tuesday on the Internet Assigned Numbers Authority (IANA) transition is likely to bring lingering skepticism about the transition back into the spotlight despite some optimism that preparations for the transition are steadily reaching their conclusion, ICANN stakeholders said in interviews. They said they will be following the House Appropriations Committee’s markup of its FY 2017 Commerce, Justice and Science budget, which includes a proposal to retain a rider that bars NTIA from using its funding on the IANA transition. House Appropriations’ Commerce Subcommittee advanced the $56 billion budget last week (see 1605180063). The Senate Commerce hearing will begin at 10 a.m. in 253 Russell. The House Appropriations markup begins at 10:30 a.m. in 2359 Rayburn.
Industry can and should self-regulate on cybersecurity matters, with government's role being to provide incentives in the form of tax breaks or liability limits, said Jamie Barnett, part of Venable's cybersecurity practice, on a cybersecurity panel at the FCBA annual seminar Saturday. Multiple speakers said industry trust of government is difficult when data breaches are often followed by rulemaking or enforcement actions. "The FBI shows up, Secret Service shows up, they want to help," Barnett said. "Then six months on, the Enforcement Bureau knocks on the door and they are not perceived as so helpful by the carrier. Is government going to be on the side of companies as they try to defend? Or is government going to be criticizing companies? As long as government wants to be on both ends, it becomes very difficult to work with them." Megan Brown, a leader of Wiley Rein's Cybersecurity, Data and Network Security practice, agreed existing constructs are too adversarial. The next FCC administration has to figure out a means of getting industry comfortable with government collaboration on cybersecurity issues, she said. Brown said government wants companies to be candid with it in talks about cybersecurity threats, but "it's treacherous" and there are big questions about where that information subsequently could end up. The New York Attorney General's Office floated the idea of immunity that would come from meeting certain standards that are signed off on by a third party, but regulatory minimums can create a compliance mindset of meeting that minimum and nothing beyond, Brown said. Barnett also advocated creating a federal Department of Communications and Cyberspace, combining NTIA and the Department of Homeland Security's cybersecurity directorate. "Most nations have a ministry of communications," he said, though he said it would likely take a major cybersecurity breach before that would happen. Edward McNicholas, co-head of Sidley Austin's Privacy, Data Security and Information Law practice, said the insurance market could play a vital role in cybersecurity, but there's no good reinsurance market yet. Unlike standard directors and officers liability policies, cybersecurity policies vary considerably and the insurance market needs to be able to compare cybersecurity practices across companies, he said.
New York City signed off on the Altice buy of Cablevision, leaving New York state's Public Service Commission as the last regulatory approval needed to close the deal. The city’s Franchise and Concession Review Committee voted Wednesday to approve the draft resolution with conditions proposed by Mayor Bill de Blasio's office (see 1605060038). The Democratic mayor had proposed requirements that Altice give the Bronx and Brooklyn priority for infrastructure upgrades, and that it reach an agreement with the state PSC -- acceptable to the city's Department of Information Technology and Telecommunications -- that maintains “levels of customer-facing employees for an appropriate time period.” The mayor’s office applauded Wednesday’s vote. “We are pleased that the FCRC has voted to allow this transaction to proceed with conditional approval,” mayor’s counsel Maya Wiley said in a statement. “The City worked hard to make sure Altice’s acquisition of Cablevision would ensure fairness for all New Yorkers -- particularly residents of Brooklyn and the Bronx -- so we applaud a deal that accomplishes that goal.” The need for a New York City review had been debated. The city said its franchise agreement with Cablevision includes authority to review transfers of control, but Altice and Cablevision contested that right (see 1604050059). The last remaining regulatory hurdle is the New York PSC, which is expected to decide Friday next week. The FCC OK'd Altice/Cablevision without conditions other than for national security (see 1605040010). Altice didn’t comment.
Spectrum availability, cybersecurity and interoperability are some of the critical issues for Congress as it helps further IoT development, said Rep. Suzan DelBene, D-Wash., who spoke Wednesday at a Wiley Rein-McBee Strategic policy roundtable on regulating IoT, which, by some estimates, will grow to 20 to 30 billion connected devices by 2020. The discussions also included several industry and government representatives, who generally spoke about IoT benefits but also cited concerns about privacy and security and the need for a light regulatory touch so innovation isn't stifled in this area.
New York City Mayor Bill de Blasio (D) recommended conditional OK of Altice's buying Cablevision. The city’s Franchise and Concession Review Committee plans a hearing to review the transaction Monday and will vote Wednesday. Next up will be state approval, with the New York Public Service Commission expected to decide May 20 (see 1604050059). "After several in-depth discussions and multiple requests for supporting information to ensure an equitable buildout of infrastructure and fulfillment of customer service contracts, the City is recommending conditional approval of this transaction,” mayor’s counsel Maya Wiley said in an emailed statement. “We are conditioning approval on satisfactory staffing levels to ensure compliance with franchise agreement commitments. The condition will help the City ensure a fair and equitable deal for our Brooklyn and Bronx residents." Under the draft resolution, Altice must give the Bronx and Brooklyn priority for infrastructure upgrades, and it must reach an agreement with the New York PSC -- acceptable to the Department of Information Technology and Telecommunications -- that maintains “levels of customer facing employees for an appropriate time period.” The FCC OK'd Altice/Cablevision without conditions other than for national security (see 1605040010).