Telecom Business Alert discusses net neutrality and data collection

Date of entry into force of net neutrality announced

The effective date of the FCC’s Notice of Determination, Report and Order, Order and Reassessment Order reclassifying broadband internet access service (“BIAS”) as a telecommunications service under Title II of the Communications Act of 1934 has been set. The rules will take effect on July 22, 2024, except for certain changes to the Transparency Rules that require BIAS providers to disclose network management practices, performance, and terms and conditions to consumers. The changes to the Transparency Rules have been postponed indefinitely, and the effective date of their implementation will be published in the Federal Register at a later date.

Device Authorization Program NPRM

The FCC has issued a Notice of Proposed Rulemaking (“NPRM”) proposing to prohibit any telecommunications certification bodies (“TCBs”) or test labs in which any of the entities on the Commission’s Covered List have a direct or indirect interest from participating in the Equipment Approval Program. The prohibition would be triggered at a direct or indirect interest of 10% or more, and TCBs and test labs would be required to report any entities that have a direct or indirect interest and/or voting interest of 5% or more in them. The FCC is also seeking comments on whether the Commission should impose licensing restrictions on TCBs and test labs based on lists developed by the executive branch agencies.

Proposed updates to broadband data collection

The FCC is considering updating the Broadband Data Collection (“BDC”) to clarify and improve the testing procedures used to validate availability data. It also proposes to modify the data collection requirements and validation processes to improve the accuracy of the National Broadband Map. The distributed order and determination also seeks to create a process to better account for changes in network deployment over time. The FCC publishes updated versions of its National Broadband Map every six months based on data collected through the BDC.

Delays in FAA aviation study

The FAA advises that non-airport aeronautical studies will require an additional 15 days of processing time, in addition to the already average four to six weeks required to process them. The FAA expects the issue causing the processing delays to be resolved sometime in August. The FAA reminds applicants that aeronautical studies are processed on a first-come, first-served basis. However, if a proposed construction project requires priority review, the FAA will consider escalation requests if satisfactory justification is provided at the time of filing the aeronautical study application.

Thomas B. Magee, Tracy P. Marshall, Sean A. Stokes, and Wesley K. Wright also contributed to this article.