Telecom Alert: 900 MHz Transition; NTIA Acting Administrator; Copper Line Retirement; NYAG Breach Notification Suit [Volume XXII, Issue 12]
FCC Releases 900 MHz Band Transition NPRM
The FCC published a Notice of Proposed Rulemaking (NPRM) seeking comments on the Commission’s plan to further realign the 900 MHz band by creating a 5/5 MHz broadband segment to expand private broadband networks. This realignment would build upon the Commission’s 2020 900 MHz Report and Order (R&O) which established a 3/3 MHz broadband segment to improve efficiency on the spectrum. Under the new proposal, licensees on the 900 MHz band would have the option to continue narrowband operations across the entire band, migrate to the narrowband segment (896-897.5/935-936.5 and 900.5-901/939.5-940 MHz) and conduct broadband operations in the current 3/3 segment, or operate broadband across the whole band on a county-by-county basis. The Commission is seeking comment on eligibility criteria for new entrants, application, and technical requirements, as well as protections for incumbent narrowband operators. Comments are due by May 16, 2025, with reply comments due by June 16, 2025. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
President Trump Appoints Acting NTIA Administrator
President Trump appointed Adam Cassidy as deputy administrator of the National Telecommunications and Information Administration. Mr. Cassidy previously served as chief of staff for FCC Commissioner Nathan Simington, as well as his legal advisor. Until current nominee Arielle Roth is confirmed and sworn in by Congress, Mr. Cassidy will serve as the acting NTIA administrator. Ms. Roth’s nomination hearing is scheduled for Friday, March 27th in front of the Senate Committee on Commerce, Science and Transportation, after being nominated by President Trump back in February. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
FCC Adopts Orders Concerning Copper Line Retirement
The Wireline Competition Bureau (WCB) adopted orders targeted at modernizing existing national network infrastructure, two of which enable providers to expedite the discontinuing and retiring of legacy cooper lines. The WCB issued a clarification to Section 214(a) of the Communications Act that would exempt discontinuance applicants who show “based on the totality of the circumstances” that a replacement service has similar availability and performance as the legacy service from conducting performance testing, as previously mandated under the 2016 Technology Transition Order. Additionally, the WCB issued an order waiving the public notice process for short-term network changes and copper retirements. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
New York AG Sues Insurance Companies for Breach Notification and Security Failures
New York Attorney General Letitia James filed a lawsuit against National General and Allstate Insurance Company for failing to adequately protect consumers’ private information against automated cyberattacks, which exposed drivers’ license information of nearly 12,000 customers. National General suffered back-to-back breaches, and failed to notify customers and state agencies after the first attack. Furthermore, the lack of mitigation safeguards after the first attack allegedly led to a second, larger breach of National General’s systems. The Attorney General’s Office stated this violates New York’s consumer protection and business laws, and is seeking penalties as well as an injunction to stop further violations. For more information, please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234).
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