The Regulatory Mix - Tuesday, December 12, 2017

Today:  Missouri FirstNet, FCC and FTC Announce Plan to Allocate Enforcement Once BIAS is Reclassified   

Missouri Opts-In to FirstNet

Missouri became the 36^th state to opt-in to the First Responder Network Authority’s system. “Governor Greitens’ decision to opt-in to FirstNet is the right choice for our state and for our first responders.  We are pleased to work with AT&T and FirstNet to ensure that the public safety community gets to use and benefit from the latest technological innovations,” said Missouri Director of Public Safety Charles “Drew” Juden III.  “Governor Greitens’ decision demonstrates his strong commitment to public safety throughout the Show-Me State,” said FirstNet CEO Mike Poth.  “We look forward to delivering the interoperable, high speed network that will help first responders share information and communicate seamlessly when saving lives and protecting communities across Missouri.”  

FCC and FTC Announce Plan to Allocate Enforcement Once BIAS Reclassified

The FCC and FTC announced their intent to enter into a Memorandum of Understanding (MOU) to govern how they will coordinate their consumer protection efforts after the FCC re-classifies broadband Internet access service as an information service. See TMI Blog “Checking In @ The FCC” dated 11/30/17 for more information.

Under the draft MOU:

• The FCC will review informal complaints concerning the compliance of Internet service providers (ISPs) with the disclosure obligations set forth in the new transparency rule. Should an ISP fail to make the required disclosures - either in whole or in part - the FCC will take enforcement action.
• The FTC will investigate and take enforcement action as appropriate against ISPs concerning the accuracy of these disclosures, as well as other deceptive or unfair acts or practices involving their broadband services.
• The FCC and the FTC will broadly share legal and technical expertise, including the secure sharing of informal complaints regarding the subject matter of the Restoring Internet Freedom Order. The two agencies also will collaborate on consumer and industry outreach and education.

In response to the announcement, FCC Commissioner Clyburn issued a statement saying, in part, “The agreement announced today between the FCC and FTC is a confusing, lackluster, reactionary afterthought: an attempt to paper over weaknesses in the Chairman’s draft proposal repealing the FCC’s 2015 net neutrality rules.” In contrast,  House Energy and Commerce Committee Chairman Greg Walden (R-OR), Communications and Technology Subcommittee Chairman Marsha Blackburn (R-TN), and Digital Commerce and Consumer Protection Subcommittee Chairman Bob Latta (R-OH) released a statement applauding the joint effort saying:  “As the FCC prepares to rightfully restore internet freedom with Title I internet rules, it’s good to know that these powerful commissions are working together to protect consumers from any unfair or anticompetitive practices. The FTC has successfully provided those essential protections for decades, and we are confident they will continue to do so. Today’s announcement from the FTC and FCC is a positive move for consumers and the internet ecosystem.”

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The Regulatory Mix, TMI’s daily 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 a TMI Briefing.