Today:  FCC Cable Rate Reform, FCC Proposes More Spectrum For Unlicensed Use, State Cybersecurity Results Released

FCC Cable Rate Reform

At its October Open Meeting, the FCC voted to adopt a Further Notice of Proposed Rulemaking and Report and Order addressing cable rate regulations.  The Notice seeks comment on whether to adopt fundamental changes to the existing complex cable rate regulation framework, including:

• Should the FCC eliminate all existing rate regulation forms and create a simplified structure for ensuring reasonable basic service rates in those few localities that remain rate regulated?
• Should it instead update its existing cable rate regulation rules, including limiting equipment rate regulation, exempting small cable systems owned by small cable companies from rate regulation, and clarifying that cable services provided to commercial establishments such as office buildings and shopping malls are not subject to rate regulation.?
• Should it streamline the initial rate setting methodology, which requires using data from as far back as 1992.

If adopted these proposals would eliminate multiple FCC forms and rules.  The Report and Order eliminates or revises rules that have become obsolete due to the sunset of rate regulation for cable programming service tiers, are unnecessary given changes in industry practices, or have become obsolete due to changes in FCC policy.

In the overwhelming majority of the United States, basic service tier and equipment rates  are no longer regulated because the markets are deemed to be competitive by law due to the availability of satellite television and other services.  However, in some communities in two states, Hawaii and Massachusetts, rates remain regulated.  Cable operators in those markets must use a series of FCC forms to calculate reasonable rates that local franchising authorities must review and approve.

FCC Proposes More Spectrum For Unlicensed Use

At its October Open Meeting, the FCC voted to issue a Notice of Proposed Rulemaking to make up to 1200 megahertz of spectrum available for use by unlicensed devices in the 6 GHz band (5.925-7.125 GHz).  Unlicensed devices that employ Wi-Fi and other unlicensed standards have become indispensable for providing low-cost wireless connectivity in countless products used by American consumers.  The proposed rules are designed to allow unlicensed devices to operate in the 6 GHz band without interfering with the operation of the licensed services that will continue to use this spectrum.  In those portions of the 6 GHz band that are heavily used by point-to-point microwave links, the FCC proposes to allow unlicensed devices to operate where permitted by an automated frequency coordination system and invites comment as to whether this is necessary for devices operated only indoors.  In the other portions of the band where licensed mobile services, such as the Broadcast Auxiliary Service and Cable Television Relay Service, operate, the unlicensed devices would be restricted to indoor operations at lower power. 

State Cybersecurity Results Released

The National Association of State Chief Information Officers (NASCIO) and Deloitte released their 2018 Cybersecurity Study.  For the study, state government chief information security officers (CISOs) were surveyed about the status of cybersecurity in their states.  CISOs were asked about perspectives and insights that were compiled and highlighted within the published study.  Also, for the first time, all 50 state CISOs participated. 

The top three issues cited “remain the same from past surveys -- budget, talent, and increasing cyber threats."  The report cited that “[n]early half of all U.S. states do not have a dedicated cybersecurity budget, and data from this year's survey shows slower cybersecurity budget growth compared to 2016.  In fact, most states still spend less than 3% of their information technology budget on cybersecurity."

NASCIO encouraged state CIOs and CISOs to consider bold initiatives that include a combination of key legislative and advocacy measures to gain significant additional resources to scale cybersecurity programs:

• Cyber legislation equipped with funding to advance state cyber risk programs
• Federal funding to meet mandated federal cyber requirements
• Public-private-academia partnerships to overcome persistent talent gap issues and improve service levels in security functions delivered

“The report was based on survey responses from state CISOs with additional input from agency CISOs and security staff members within state governments. CISO participants answered 56 questions designed to characterize the enterprise-level strategy, governance, and operation of security programs.”

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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.