Today: Net Neutrality Congressional Review Act, FCC Open Meeting for January, FTC Settles Landmark Online Privacy Case
US Congress - Net Neutrality Congressional Review Act Passes Sponsor Threshold
Senator Edward Markey (D., Mass.) spearheaded a Congressional Review Act (CRA) resolution of disapproval that would rescind FCC Chairman Ajit Pai’s Internet Freedom Order and fully restore Chairman Wheeler’s Open Internet Order. CRA resolutions allow Congress to overturn regulatory actions at federal agencies with a simple majority vote in both chambers. In accordance with the CRA, Senators will formally introduce the resolution once the rule is submitted to both houses of Congress and published in the federal register. Now that the sponsor mark has passed the threshold of 30 (it is currently at 43 sponsors), the resolution will get a vote on the Senate floor. However, the CRA is unlikely to be approved as there is a large split along party lines and the Republicans currently control the Senate.
FCC Open Meeting for January
The FCC announced the tentative agenda for its January 30, 2018, Open Meeting. The items are on the agenda:
- Connect America Fund Phase II Auction (Auction 903): A Public Notice establishing procedures for the Connect America Fund Phase II auction, which will award up to $1.98 billion over 10 years to service providers that commit to offer voice and broadband services to fixed locations in unserved high-cost areas.
- Connect America Fund Phase II Reconsideration Order:An Order and Order on Reconsideration addressing the remaining issues raised by parties challenging the FCC’s orders implementing the Connect America Phase II auction (Auction 903).
- Wireless Emergency Alerts: A Second Report and Order and Second Order on Reconsideration to enhance the effectiveness of Wireless Emergency Alerts, including improving the geographic accuracy of these alerts.
- Establishment of the Office of Economics and Analytics: An Order to establish an Office of Economics and Analytics.
The FCC will also consider two broadcast items.
FTC Settles Landmark Online Privacy Case
Toymaker Vtech has agreed to pay a fine of $650,000 and implement more robust security measures to settle charges brought by the FTC that they collected children’s personal information without parental permission and failed to protect that information from being accessed by hackers. In their initial complaint the FTC alleged that Vtech violated the Children's Online Privacy Protection Act (COPPA) because the “Kid Connect” application used with some of VTech's toys collected personal information from “hundreds of thousands” of children without the company providing direct notice to parents or obtaining verifiable consent from parents regarding how it collects information. The FTC specifically alleged that Vtech failed to provide, among other items, “clear, understandable, and complete notice of their information practices.”
Along with the fine, Vtech is ordered to develop a comprehensive data security program. This will include a designated employee responsible for the program as well as additional safeguards and controls. Vtech will also have to submit compliance reports to the FTC for several years going forward. The stipulated order is still pending final approval by the court.
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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.
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