Customs Duty

Some candidates for state utility commissions promised to take on broadband and other telecom matters if they win election this year. Eight states will elect utility regulators this year: Alabama, Arizona, Louisiana, Montana, Nebraska, North Dakota, Oklahoma and South Dakota. In addition, a New Mexico ballot question will ask voters to authorize millions of dollars for upgrading public safety communications. Meanwhile, Oregon voters will consider a universal basic income that would require Comcast and other big companies to foot the bill.

AT&T agreed to pay $13 million and strengthen its data retention practices to settle an FCC Enforcement Bureau investigation into the integrity of the carrier’s supply chain and “whether it failed to protect the information of AT&T customers in connection with a data breach of a vendor’s cloud environment,” said a Tuesday news release from the FCC. The agency refers only to “Vendor X.” In January 2023, the vendor “suffered a data breach that exposed information” of nearly 9 million AT&T wireless customers, according to a consent decree. “AT&T failed to ensure the vendor: (1) adequately protected the customer information, and (2) returned or destroyed it as required by contract,” the FCC said. “The Communications Act makes clear that carriers have a duty to protect the privacy and security of consumer data, and that responsibility takes on new meaning for digital age data breaches,” said FCC Chairwoman Jessica Rosenworcel. Protecting customer data is a top AT&T priority, a spokesperson said in an email. “A vendor we previously used experienced a security incident last year that exposed data pertaining to some of our wireless customers,” the spokesperson said: Though AT&T systems weren’t compromised “we’re making enhancements to how we manage customer information internally, as well as implementing new requirements on our vendors’ data management practices.”

T-Mobile condemned a plan allowing people without social security numbers to seek low-income telephone support in California. In comments this week, T-Mobile subsidiary Assurance Wireless said the California Public Utilities Commission’s July 22 proposed decision "poses a serious threat to the integrity and the functionality of” California LifeLine. Consumer advocates applauded the plan that requires providers to accept applications from those without SSNs, though they raised major privacy concerns with a proposal to use LexisNexis’ TrueID authentication software for identity verification. The CPUC may vote Aug. 22 on the proposal in docket R.20-02-008 (see 2407230040).

The Senate voted 86-1 Thursday to advance two kids’ safety bills, with Sen. Rand Paul, R-Ky., casting the lone no vote (see 2407240057).

The costs of complying with the FCC’s updated data breach notification rule “detract from the core work” of five trade associations' small-business members “to connect existing and new customers in hard-to-serve areas and close the digital divide,” said those trade groups in an amicus brief Wednesday in the 6th U.S. Circuit Appeals Court. Joining the brief were ACA Connects, the Competitive Carriers Association, NTCA, the Wireless ISP Association and WTA.

T-Mobile is beefing up its network as hurricane season starts this week and with wildfire season already underway, the carrier said Wednesday. T-Mobile is “turning on new 2.5 GHz spectrum to boost critical coverage and capacity for nearly 60 million customers throughout the country, including hurricane-prone areas such as Louisiana.” The carrier continues to harden its network and is adding to its fleet of satellite cell-on-light-trucks and satellite cell-on-wheels “as well as heavy-duty trucks to provide Wi-Fi and device charging,” the company said.

The FCC’s updated data breach notification rule, adopted Dec. 13, released Dec. 21 and published in the Federal Register Feb. 12, is a “brazen effort to claim regulatory authority” that Congress declined to confer under the Communications Act, but also “specifically rejected” under the Congressional Review Act (CRA), said the consolidated opening brief Wednesday in the 6th U.S. Circuit Appeals Court of five petitioners that seek to invalidate the rule (see 2402210026).

Hamilton Relay, a telecommunications relay service (TRS) provider, seeks to intervene in support of the Ohio Telecom Association’s petition for review challenging the FCC’s Dec. 21 order modifying and expanding the commission’s data breach notification rules on telecom carriers, VoIP providers and TRS providers (see 2402210026), said its unopposed motion Wednesday (docket 24-3133) in the 6th U.S. Circuit Court of Appeals. Hamilton provides TRS to individuals who are deaf, hard of hearing, DeafBlind or have difficulty speaking, said its motion. The company provides intrastate and interstate text telephone, speech-to-speech and captioned telephone services in numerous states through individual state TRS contracts, nationwide relay service through its internet protocol captioned telephone service, which is regulated by the FCC, it said. Hamilton is entitled to intervene because it was a “party in interest” in the proceeding leading to the adoption of the order and the order’s changes to the FCC’s data breach notification rules adversely affect its interests, said the motion. Hamilton submitted comments in February 2023 in the FCC’s NPRM in the run-up to the order, it said. The order expands reporting obligations to the FCC and law enforcement agencies and imposes certain other duties on TRS providers pertaining to unauthorized access to or disclosure of customer proprietary network information and personally identifiable information, it said. In its February 2023 comments, Hamilton urged the FCC to consider how TRS providers are different from common carriers in the services they provide and the information they collect from their customers. The commission should ensure that any reporting obligations imposed on TRS providers “allow for the necessary flexibility to report relevant and actionable information to the appropriate law enforcement agencies and to customers,” it said then. It also urged the commission “to consider how its proposed rules will align, or potentially conflict, with existing state and federal privacy regimes,” it said.

CTIA withdrew a 2015 petition seeking reconsideration of two “discrete” aspects of updated Lifeline program rules approved that year (see 1508130048). CTIA cited “the passage of time since the Petition was filed,” said a filing posted Wednesday in docket 11-42. The organization had asked the FCC to reconsider declarations that Section 222(a) of the Communications Act “imposes a duty of confidentiality upon carriers, other than with respect to Customer Proprietary Network Information” and that Section 201(b) “imposes a duty upon carriers to implement data security measures.”

The Texas Association of Business (TAB) petitioned the 5th U.S. Circuit Appeals Court for review of the FCC’s updated data breach notification rules. The rules were adopted Dec. 13, released Dec. 21 and published in the Federal Register Feb. 12, said TAB's Thursday filing (docket 24-60085). They are effective March 13 (see 2402090035).