The Communications Security, Reliability and Interoperability Council will get final reports from two of its three working groups at a June 29 meeting, the FCC said Monday. “CSRIC members will consider and vote on a Working Group 1 Report on 911 System Reliability and Resiliency during the NG911 Transition and a Working Group 2 Report on Reimagining Alerting,” a public notice said. “Working Group 3 will provide an update on their progress.” The meeting starts at 1 p.m. in the Commission Meeting Room. This is the fifth gathering of the committee under FCC Chairman Ajit Pai.

The Supreme Court agreed to hear an Apple appeal in a class-action antitrust lawsuit alleging it monopolized distribution of App Store applications in Apple v. Robert Pepper, et al., docket 17-204. Justices granted an Apple cert petition asking them to review a 9th U.S. Circuit Court of Appeals ruling that the suit could proceed, said the high court's order list Monday. A district court dismissed the suit under a 1977 Illinois Brick Co. v. Illinois precedent "holding that consumer plaintiffs alleging monopolization of distribution services Apple provides to app developers were necessarily seeking pass-through damages," said the petition. "The Ninth Circuit reversed, holding -- in an acknowledged split with the Eighth Circuit -- that consumers can sue whoever delivers goods to them, even if they seek pass-through damages. The question presented is: Whether consumers may sue for antitrust damages anyone who delivers goods to them, even where they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense." The solicitor general in May asked the court to grant Apple's petition, arguing the 9th Circuit misapplied the Illinois Brick rule, which prevents indirect purchasers from seeking certain antitrust damages passed on by third parties -- in this case the developers (see 1805090051). Apple argues only the developers, not consumers, can sue in this case. The Supreme Court granted motions of ACT|The App Association and the Washington Legal Foundation to file amicus briefs. The court denied cert to wireless customer petitioners who argued "non-negotiable arbitration" clauses that waive their right to sue providers were "worthy of some constitutional introspection" under the First Amendment, in Marcus A. Roberts, et al. v. AT&T Mobility, docket 17-1287.

President Donald Trump's space policy directive signed Monday has the U.S. "lead[ing] the management of traffic and mitigat[ing] the effects of debris in space." The directive said policy will be to use commercial and government technologies for tracking and monitoring space debris. The U.S. will update orbital debris mitigation standard practices and set new guidelines for satellite design and operation for data sharing. The NASA administrator, coordinating with other agency heads including the FCC chairman, will craft updates to the practices and new guidelines for satellite design and operation. Secretaries of commerce and transportation will consult the FCC chairman to assess incorporating updated standards into licensing processes. Heads of agencies including the FCC will jointly develop space traffic standards. Heads of Commerce, Transportation, State and Defense, the NASA administrator and director of national intelligence, consulting with the FCC chairman, will coordinate to mitigate risks of harmful RF interference. The secretary of state -- in coordination with other agencies and in consultation with the FCC chief -- will lead U.S. efforts on international engagement regarding international transparency and space object registry on space traffic management and space situational awareness issues. Heads of agencies including the FCC will jointly develop space traffic best practices. The country commits to continue to provide "basic space situational awareness data and basic space traffic management services" for free. DOD will keep the authoritative catalog of space objects, and Commerce will make space safety data and services publicly available. Improved space situational awareness data standards and information sharing will use U.S. standards in trying to share international norms and cut regulatory burdens. During a National Space Council meeting Monday, Trump pledged to create a sixth military branch, the Space Force, separate from the Air Force. He made creation the job of Joint Chiefs of Staff Chairman Joseph Dunford. Trump signed a directive in May aimed at deregulation to better foster commercial space services (see 1805240031).

T-Mobile/Sprint didn't file by our deadline Monday their application to the FCC to combine (see 1806150040). T-Mobile plans to buy Sprint in a $59 billion deal, unveiled April 29 (see 1804290001). Friday, the Wireless Bureau created a docket on the transaction, 18-197, and issued a protective order for confidential information that will be filed as part of the commission’s review. “While we are mindful of the sensitive nature of some of the information involved, we are also mindful of the general right of the public, and our desire for the public, to participate in this proceeding in a meaningful way,” the protective order said. “Allowing limited access to competitively sensitive materials pursuant to the procedures set forth in this Protective Order allows the public (through appropriate representatives) to do so while also protecting competitively sensitive information from improper disclosure and use.” The agency Monday posted a Thursday letter to the FCC by T-Mobile and Sprint, asking that the docket be opened and the protective order granted. Lawyers on the filing were Nancy Victory of DLA Piper for T-Mobile and Regina Keeney of Lawler Metzger for Sprint.

For broadcasters and media companies, EU's general data protection regulation can apply even if they lack EU presence but provide services to people there or who use website cookies and other online tracking means to monitor people there, Wilkinson Barker lawyers blogged Friday. It's unclear if regulators will enforce GDPR against companies largely not serving EU citizens, they said. Getting consent for processing an individual's personal data is only the first step in compliance, and lack of adherence can lead to sizable fines, wrote Emilie de Lozier and two colleagues.

FTC Consumer Protection Bureau staffers warned the Consumer Product Safety Commission Friday about what they view as widespread cybersecurity flaws in a range of IoT devices. They responded to a March request for comment on potential safety issues and hazards for IoT devices. Comments in docket CPSC-2018-0007 were due Friday evening (see 1803290032). The Cybersecurity Coalition in May urged the CPSC to address IoT cybersecurity issues “in tandem” with its device safety review, which didn't include security issues (see 1805090023). Poor security and privacy protections in IoT devices might create technology-related hazards, FTC staff said. “A car’s braking systems might fail when infected with malware, carbon monoxide detectors or fire alarms might stop working with the loss of connectivity, and corrupted or inaccurate data on a medical device might pose health risks to a user of the device. Consumers’ physical safety could also be at risk if an intruder had access to a connected lock, garage door, or burglar alarm.” Insecure devices “can erode consumer trust,” the FTC staff said. “Companies that manufacture and sell IoT devices must take reasonable steps to secure them from unauthorized access.” Staff recommended the CPSC consider how companies might provide consumers with the opportunity to sign up for communications about safety notifications and recalls for IoT devices. The product agency should take a “technology-neutral” approach to any security regulations it adopts as part of the proceeding and consider requiring IoT device makers publish any security standards, so the trade commission could act under against companies that misrepresent cybersecurity practices in a CPSC certification process, staff said.

T-Mobile and Sprint are expected to file their application to combine at the FCC Monday, industry officials said. FCC Chairman Ajit Pai said in a letter to Sen. Bernie Sanders, I-Vt., the application will receive careful review. “Once that application and any other necessary paperwork is submitted, Commission staff will thoroughly review the transaction to determine whether granting the application will comply with the requirements of the Communications Act and serve the public interest, convenience, and necessity,” Pai wrote. Meanwhile, T-Mobile CEO John Legere tweeted Friday he's headed east to spend time in Washington. T-Mobile didn't comment.

With the Lifeline national verifier not ready, Universal Service Administrative Co. will take over eligibility verification for Utah wireline service providers July 1 in a Utah-specific accommodation, USAC Communication Director Jaymie Gustafson said during a Utah Public Service Commission technical workshop Wednesday. “We’ll basically be running a mini national verifier operation.” The PSC’s state contract ends June 30, terminated in the belief the national verifier would be ready by then, and the commission at first planned to require eligible telecom service providers to self-certify (see 1806070022). The PSC has been in contact with USAC and senior FCC staffers, who say "they understand our concerns" and are committed to deploying the national verifier soon, but there’s no firm schedule, Utah PSC technical adviser John Harvey said. There’s no launch date announced for the national verifier, USAC’s Gustafson said. Starting July 1, USAC will accept paper applications for wireline consumers by mail directly from consumers. When the national verifier launches, service providers will also be able to check consumer eligibility, she said. Consumers must send forms to USAC’s Washington, D.C., address, not the Kentucky address listed in the form, and any applications sent to Kentucky will be destroyed, she said. Gustafson suggested providers attach a sticker to the form with the correct address. “We all want to see [the national verifier] move forward” quickly, Commissioner Brendan Carr said in a Thursday interview at the Above Ground Level Summit in Philadelphia (see 1806140057). He said the FCC is still taking feedback on Chairman Ajit Pai's proposal to end Lifeline support to non-facilities-based carriers, a plan that state commissioners, FCC Democrats and others have protested (see 1806060031, 1806040030 and 1806010046).

Groups representing local and state governments complained to the FCC about the “lack of appropriate local government representation” on the Broadband Deployment Advisory Committee. “Accelerating the expansion of high-speed Internet access has thus far proved to be no easy task, especially in our nation’s rural areas and urban broadband deserts,” the groups said. “Our respective constituencies say it is imperative for all levels of government to be equal partners in this conversation.” NATOA, the National League of Cities, National Association of Regional Councils, National Association of Counties and National Association of Towns and Townships signed the letter in docket 17-79. “Our respective members remain concerned about the composition of the BDAC, the presumption that local governments are a barrier to broadband deployment, and the overall impact these factors had on BDAC members as they were considering recommendations to address the fundamental issues with universal broadband deployment,” the groups said. The FCC is expected to take up its next major order on wireless infrastructure within the next few months (see 1805230073).

With "every week, there is some new technology that I am learning about," Chairman Ajit Pai is wondering "how can the FCC overall stay abreast of some of these new developments." One answer: Invite experts to discuss new tech. He will perhaps this year "start with a forum on" artificial intelligence and machine learning, "a huge area of innovation," Pai said in Q&A at an Axios event Thursday, asking what can this mean for communications businesses and consumers. "How will this affect how companies use spectrum more smartly?" Though he's "not sure there is a formal regulatory role" about tech's effects on kids, Pai identified pros and cons to screen use by his two children. "I do worry a little bit about the way it changes how they interact with the world," he said, wondering "are my kids’ cognitive processes changed" via looking at screens. "It’s a challenge for parents." With this busy time on mergers and acquisitions including a court clearing AT&T to buy Time Warner after DOJ tried to block it (see 1806120060 and 1806140041), Pai said his agency takes a case-by-case approach to reviewing M&A. "We don’t start with a premise that vertical integration is good or bad," he said. "We start from the ground up." A goal is to "make sure that there is a competitive marketplace" via a "holistic view" of market structure, the FCC chief said. "The marketplace is changing very, very quickly," he said, citing digital ads. As his agency's net neutrality deregulation took effect Monday (see 1806110054) and includes transparency rules, Pai noted the "FTC has broad authority … to take action" and its Chairman Joseph Simons has told Congress "he is willing and determined to do just that." There's a memo of understanding between the commissions, he noted. "Our agencies are going to work hand in glove to make sure consumers are protected." While "people are going to clash" on policies, Pai indicated one way he wants to be judged is by how much the commission closes the digital divide. "If we can make a dent in that problem, then I think our time will be viewed as a success," he said. "Where our mark is going to be made is helping to get people onto the internet."