Today's Regulatory Mix: FCC Releases Final Agenda for June 2020 Open Meeting, FCC C-Brand Spectrum Will Be Available for 5G Services on an Accelerated Basis,  US Congress COVID-19 Privacy Legislation

FCC Releases Final Agenda for June 2020 Open Meeting

The FCC announced the final agenda for its June 9, 2020, Open Meeting. The FCC will consider the following telecom-related items:

• Rural Digital Opportunity Fund Final Auction Procedures: A Public Notice that would establish procedures for the Phase I auction of the Rural Digital Opportunity Fund (Auction 904), awarding up to $16 billion in support over 10 years for deployment of broadband in unserved areas.
• Modernizing and Expanding Access to the 70/80/90 GHz Bands: A Notice of Proposed Rulemaking and Order that would explore innovative new uses of the 71–76 GHz, 81–86 GHz, 92–94 GHz, and 94.1–95 GHz bands, including potential rule changes to allow for the provision of wireless backhaul for 5G and the deployment of broadband services to aircraft and ships.
• State/Local Approval of Wireless Equipment Modifications: A Declaratory Ruling and Notice of Proposed Rulemaking that would clarify, and seek comment on changes to, the FCC;s rules implementing section 6409(a) of the Spectrum Act of 2012 in order to accelerate the deployment of communications infrastructure by facilitating the upgrade of existing sites for 5G networks.
  
  

FCC C-Band Spectrum Will Be Available for 5G Services on an Accelerated Basis

The FCC’s Wireless Telecommunications Bureau announced that Eutelsat S.A. (Eutelsat), Intelsat US LLC (Intelsat), SES Americom Inc. (SES), Claro S.A. f/k/a Star One S.A. (Claro), and Telesat Canada (Telesat) have committed to clear the 3.7-4.0 GHz band on the accelerated timeline described in the FCC’s March 2020, C-band order. In that Order, the FCC adopted new rules to make 280 megahertz of mid-band spectrum available for flexible use through an FCC-administered public auction of overlay licenses, plus a 20 megahertz guard band, throughout the contiguous United States by transitioning existing services out of the lower portion and into the upper 200 megahertz of the 3.7-4.2 GHz band (C-band). The Order required eligible space station operators committing to accelerated clearing to make their election by May 29, 2020 to provide potential bidders with adequate certainty regarding the clearing date and payment obligations associated with each license should they become overlay licensees. 

In response to the announcement, FCC Chairman Ajit Pai issued a statement saying: “This is a big day for American leadership in 5G and for American consumers and businesses The acceptance of accelerated relocation by all eligible satellite operators vindicates the FCC’s approach for making C-band spectrum available for 5G more quickly. Our initiative will enable this critical mid-band spectrum to be used for new and innovative wireless services that will be delivered to American consumers years ahead of schedule. The FCC’s work on the C-band is an important part of its 5G FAST plan, a comprehensive strategy to promote American leadership in 5G. This is a national priority because it means millions of jobs, billions of dollars in investment, innovation on our shores, and stronger economic growth. I’m grateful to my fellow Commissioners, the agency’s excellent staff, and external stakeholders for helping us reach this major milestone."

US Congress COVID-19 Privacy Legislation

U.S. Senators Maria Cantwell (D-WA), ill Cassidy (R-LA) introduced bipartisan legislation to protect consumer privacy and promote public health in the development of these COVID-19 notification apps. U.S. Senator Amy Klobuchar (D-MN) will also cosponsor the legislation. The legislation makes participation in commercial online exposure notification systems voluntary and gives consumers strong controls over their personal data, limits the types of data that can be collected and how it can be used, and contains strong enforcement provisions. The bill will give Americans confidence that the apps they are using are from legitimate sources, will protect their privacy, and that public health officials will be the ones determining what tools are necessary to give the public the information they need to make smart decisions regarding their health.

Specifically, the Act will:

• Require that public health officials be involved with the deployment of any exposure notification systems.
• Allow only medically-authorized diagnoses be submitted to exposure notification systems to guard against false reports.
• Require that participation be voluntary and based on affirmative, express user consent.
• Limit the collection and use of data to that which is necessary for the purpose of the system and prohibit any commercial use of data.
• Allow participants to delete their data from an exposure notification system at any time.
• Prohibit discrimination against an individual based on information provided to an exposure notification system or based on their choice not to participate.
• Create strong data security safeguards including an obligation to immediately notify individuals in the event of a security incident.
• Allow federal and state authorities to prosecute violations and pursue strong penalties, and state laws and rights will be preserved.
  

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The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.