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.
FCC Open Meeting - October
The FCC announced the tentative agenda for its October 27, 2016, Open Meeting. The items are as follows:
- Protecting the Privacy of Customers of Broadband and other Telecommunications Services: A Report and Order that applies the privacy requirements of the Communications Act to broadband Internet access service providers and other telecommunications services to provide broadband customers with the tools they need to make informed decisions about the use and sharing of their information by their broadband providers. (See Below)
- Deceptive Marketing: Four separate Memorandum Opinions and Orders that dismiss and deny Petitions for Reconsideration of four Forfeiture Orders issued by the Commission for the deceptive marketing of prepaid calling cards.
Chairman Wheeler Broadband Data Privacy Proposal
FCC Chairman has issued a Fact Sheet and posted a blog containing a revised proposal for broadband privacy rules. The proposal abandons the three-tiered usage based framework proposed earlier this year (see TMI Blog, FCC's Wheeler Reveals Plan for Broadband Privacy dated 3/11/16 and The Regulatory Mix dated 3/22/16) in favor of a framework based on the sensitivity of the information being used or shared. This approach is closer to that used by the Federal Trade Commission for non-carriers such as websites and edge providers. The proposal would require ISPs to offering mobile or fixed broadband to notify customers about the types of information they collect and how they use and share it. The information would have to be “persistently available” on the providers website and provided at service initiation and when significant changes were made. Opt-in consent would be required to use and share sensitive information including but not limited to geo-location, financial information, web browsing history and social security numbers. All other uses of individually identifiable customer information would require opt-out consent. No consent would be needed for the provision of broadband service or billing and collection of such service. The proposal also contains data breach notification requirements and would require heightened disclosures for plans that provide discounts or other incentives in exchange for a consumer’s consent to use and share their personal information.
FCC Disaster Information Reporting System
The FCC announced it has expanded its disaster data collection in response to Hurricane Matthew. It first activated its Disaster Information Reporting System (DIRS) on October 7, 2016. DIRS is a voluntary, web-based system that communications providers, including wireless, wireline, broadcast, cable and VoIP providers, can use to report communications infrastructure status and situational awareness information during times of crisis. The initial notice included counties in Florida, Georgia, and South Carolina. The latest notice adds counties in North Carolina and Virginia as well as an additional county in South Carolina. DIRS remains active for the counties listed in the two public notices.
