Telecom Alert: CALEA NPRM; ACCESS Rural America Act; Carr’s Policy Proposals; 24 GHz Band Emissions [Vol. XXI, Issue 50]

Chairwoman Rosenworcel Announces CALEA Proposal

Chairwoman Rosenworcel announced the circulation of a draft notice of proposed rulemaking designed to require communication service providers to submit annual CALEA certifications. The certification would specifically require providers to submit an updated and implemented cybersecurity risk management plan. The draft NPRM would also seek comment on strengthening cybersecurity systems and services across all fronts in the wake of the Salt Typhoon cyber-attack on U.S. telecommunications companies, which resulted in the breach of existing protocols and theft of domestic call data. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

Senate Passes ACCESS Rural America Act

The Access to Capital Creates Economic Strength and Supports Rural America Act (ACCESS Rural America Act) was passed by the Senate, which creates exemptions from SEC registration and streamlines reporting requirements for small rural telecommunications companies. The Act specifically revised the registration threshold to carriers holding more than ten million in total assets, which permits local providers to avoid regulatory costs while expanding their broadband infrastructure. Sen. Tammy Baldwin (D-WI) and Sen. Joni Ernst (R-IA) both sponsored the bill and championed it as a means to greatly improve broadband reach with the limited resources available to providers. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).

Commissioner Carr Voices Additional Policy Objectives

Commissioner Brendan Carr, who is slated to become the new Chair of the FCC, stated he wishes to rebalance the federal permitting rules to reduce administrative delays and effectively increase spectrum usage. Additionally, Carr expressed interest in revising the 30% contribution factor which supports the Universal Service Fund, which will be under scrutiny as part of the Supreme Court’s broader review of the constitutionality of USF. Carr also called for “tech neutrality” in applying USF funding, and mandating tech companies also contribute to the fund. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

FCC Revises 24 GHz Band Emission Limits

In a Report and Order, the FCC adopted new out-of-band emission (OOBE) limits on scientific and research services operating on the 24.25-24.45 and 24.75-25.25 GHz bands (24 GHz band). The order adopts the limits instituted at the World Radiocommunication Conference 2019 (WRC-19), which the Commission finds will adequately protect sensitive passive sensing operations while allowing newer technologies to evolve and develop on the band. The Commission declined to adopt more stringent OOBE limits than WRC-19’s Resolution 750, finding that it was not technically necessary and would be inconsistent with international harmonization efforts. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).

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