Telecom Alert: FACT Act; E-Rate Support CRA; CCA, CVA Petition for Declaratory Ruling; PLAN for Broadband Act [Vol. XXII, Issue 5]
Fischer Introduces FACT Act Targeting Foreign Ownership of Licensees
Senator Deb Fischer (R-NE) introduced the Foreign Adversary Communications Transparency (FACT) Act, which would require the Commission to publish a list of entities who hold licenses or authorizations that are owned in whole or in part by foreign adversaries. The bill has bi-partisan support and expands upon the Commission’s list of equipment and services deemed a threat to national security under the Covered List. The bill is largely in response to recent cyberattacks on domestic critical infrastructure and telecommunications networks and seeks to expand transparency and disclosures of foreign equity and voting interests in licensees for national security concerns. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202-434-4271).
Cruz, Republicans Introduce CRA Resolution to Block E-Rate Support Order
Senator Ted Cruz (R-TX) and Senate Republicans announced a Congressional Review Act (CRA) resolution designed to cancel an FCC order providing E-rate support for off-campus Wi-Fi hotspots, which could be used by schools and library to the benefit of their students. The original order was contentious, as the then-two Republican commissioners dissented, stating the FCC was exceeding its authority by expanding the Universal Service Fund (USF) to fund the E-rate funding. In addition, Sen. Cruz and other Republicans cited child safety concerns, ranging from unsupervised access due to lack of parental consent to censorship of conservative viewpoints. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
CCA, CVA File Petition Challenging CPUC VoIP Framework
The Cloud Communications Alliance (CCA) and the Cloud Voice Alliance (CVA) are challenging the validity of the California Public Utilities Commission’s VoIP regulatory framework on preemption grounds in a recently-filed Petition for Declaratory Ruling. The petitioners claim the FCC’s Vonage Preemption Order, in force since 2004, preempts state regulation of “nomadic” VoIP services to avoid applying inconsistent regulations to interstate services. This preemption would allegedly extend to the CPUC’s new framework, which places new registration and disclosure requirements, state fees, and transfer of control regulations on “nomadic” VoIP services. Petitioners claim this would encumber these services and hinder consumer access to affordable services in the state. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186).
Wicker Reintroduces PLAN for Broadband Act
Senator Roger Wicker (R-MS) reintroduced the Proper Leadership to Align Networks (PLAN) for Broadband Act, building on previous attempts to pass legislation addressing gaps in broadband deployment nationwide. The newest iteration requires the Assistant Secretary of Commerce for Communications and Information to develop a national strategy and implementation plan to streamline broadband programs and synchronize inter-agency cooperation. Sen. Wicker and co-sponsors cited the need for an overarching plan after the GAO found that 25 major federal broadband programs are significant overlap in purpose and budget. For more information, please contact Casey Lide (lide@khlaw.com; 202.434.4186) or Sean Stokes (stokes@khlaw.com; 410.458.1342).
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