Telecom Alert: FY 2024 Fees; $470k Penalty for ACP Violations; Broadband Labels Compliance Date; AI Robocall NPRM; Cybersecurity Labeling Applications [Vol. XXI, Issue 38]

CORES Opens for FY 2024 Regulatory Fees Payment

The FCC announced that the Commission Registration System (“CORES”) is now open for payment of fiscal year 2024 regulatory fees. The FCC recently adopted its fiscal year 2024 regulatory fee schedule to assess and collect $390,192,000 in congressionally required regulatory fees [Vol. XXI, Issue 37]. Regulatory fee payments must be received in CORES by September 26, 2024. Payments should be submitted even though the fees will not become effective until published in the Federal Register. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

$470k Penalty for ACP Violations

The FCC identified four broadband Internet access service providers that failed to submit certified complete Affordable Connectivity Program (“ACP”) plan and subscribership data in violation of the Commission’s ACP Transparency Data Collection (“TDC”) rules. Providers participating in the ACP were required, by November 30, 2023, to submit and certify plan and subscribership data based on ACP subscribers enrolled as of August 1, 2023. The four named providers failed to submit and certify complete information about their broadband Internet access service by the deadline. The Commission is proposing a cumulative forfeiture of $470,605.62 apportioned among the providers. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193), Casey Lide (lide@khlaw.com; 202.434.4186), or Jim Baller (baller@khlaw.com; 202.434.4175).

Broadband Consumer Labels Compliance Date

The FCC reminds broadband Internet access providers that the compliance date for the display of consumer broadband labels is October 10, 2024. In its Broadband Label Order, the Commission required broadband Internet access providers to display, at the point of sale, a broadband consumer label with information about their service offerings, including pricing, introductory rates, data allowances, and performance metrics [Vol XXI, Issue 16]. Broadband consumer labels are required for all standalone home or fixed internet service or mobile broadband plans and must be displayed near an associated plan’s advertisement. For more information, please contact Sean Stokes (stokes@khlaw.com; 202.434.4193), Casey Lide (lide@khlaw.com; 202.434.4186), or Jim Baller (baller@khlaw.com; 202.434.4175).

Pleading Cycle for AI Robocall NPRM

The FCC set the comment filing deadlines for its Notice of Proposed Rulemaking that seeks to protect consumers from the abuse of Artificial Intelligence (“AI”) in robocalls and robotexts [Vol. XXI, Issue 33]. The Commission seeks comment on defining AI-generated calls and requiring callers to disclose their use of AI-generated calls and text messages. The Commission is also considering the use of support technologies that can alert and protect consumers from illegal and unwanted AI robocalls, while maintaining protections for positive AI use cases that can assist people with disabilities utilize the phone networks. Comments and reply comments are due by October 10 and October 25, 2024, respectively. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).

Cybersecurity Labeling Program Administrator Applications

The FCC announced that it is now accepting applications from interested parties to serve as administrators for its voluntary cybersecurity labeling program for wireless consumer Internet of Things (“IoT”) products [Vol XXI, Issue 32]. The cybersecurity labeling program is designed to provide consumers with an easy-to-understand and recognizable label that includes the U.S. Government certification mark, referred to as the U.S. Cyber Trust Mark. The Cyber Trust Mark provides assurances regarding the baseline cybersecurity of an IoT product and a label with the certification mark will include a QR code that directs consumers to a registry with specific information about the product. While participation is voluntary, those that choose to participate must comply with the requirements of the labeling program to utilize the Cyber Trust Mark. For more information, please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234).

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