INCOMPAS News -- July 22, 2024

Vol. 20, No. 28

July 22, 2024

INCOMPAS Comments on

Border Gateway Protocol

Routing Security NPRM

INCOMPAS last week filed comments in response to the FCC’s NPRM on reporting on Border Gateway Protocol risk mitigation processes.

“INCOMPAS commends the FCC for recognizing that government, industry, and global norms initiatives must collaborate to improve the security and resiliency of the internet’s global routing system. Our members strongly agree with this approach and are committed to improving security, promoting collective responsibility, and fostering responsible governance in this space," said INCOMPAS President Angie Kronenberg.

"INCOMPAS supports the Commission’s goal of improving internet routing security as well as industry-led multistakeholder groups working towards solutions. Our comments identify a series of concerns within the NPRM that may result in unintended consequences that would harm the proper functioning of the internet and free circulation of information, undermining the Commission’s mission and its goals in this proceeding," she continued. "INCOMPAS urges the Commission to consider these recommendations as it continues its efforts to maintain an open and free flowing internet. We look forward to working with the Commission on solutions to ensure government agencies and industry participants are able to provide meaningful input to help guide this critical work.”

Watch On-Demand

Post-Chevron Webinar

With the Supreme Court recently overruling their landmark 1984 decision in Chevron v. Natural Resources Defense Council, the power of federal agencies to interpret the laws they administer has been sharply curtailed. This recent decision in Loper Bright Enterprises v. Raimondo is expected to have far-reaching effects, since Chevron has been one of the most important rulings on federal administrative law over the past 40 years, being cited more than 18,000 times by federal courts.

What does this ruling mean specifically for the communications industry? INCOMPAS President Angie Kronenberg and a panel of legal experts from INCOMPAS member company law firms - Hogan Lovells, Kelley Drye, Morgan Lewis and Venable - shared their thoughts during a webinar, discussing:

Details of the recent Loper Bright ruling
The impact of the decision on appeals that are pending
How this decision will affect future FCC orders and proceedings and NTIA’s BEAD NOFO

WATCH ON DEMAND

INCOMPAS on Mobile Phone Unlocking Requirement Proposal

Last week the FCC proposed to require mobile service providers to unlock customers' mobile phones within 60 days of activation as a means to improve consumer choice and to enhance competition.

“INCOMPAS applauds the FCC for proposing to adopt rules requiring mobile providers to unlock mobile phone handsets," said INCOMPAS President Angie Kronenberg. "Expanded unlocking requirements is good for competition and consumers. It will allow mobile customers the freedom and flexibility to take their existing phones and switch from one mobile service provider to another more easily, enabling increased competition in the mobile service marketplace and applying a consistent standard to all service providers.”

FCC Addresses Broadband Data Collection

The FCC released a fourth report and order, declaratory ruling and fourth FNPRM on the Broadband Data Collection (BDC). The FCC adopted rules to codify the challenge process deadline required by the Bipartisan Infrastructure Investment and Jobs Act and provide a specific delegation of authority to the Office of Economics and Analytics (OEA), in coordination with other bureaus and offices, to conduct audits of broadband data.

The FCC also:

Made ministerial edits to the existing rules to reference the BDC. In the declaratory ruling, the FCC clarifies its rules do not preclude a service provider from subsequently submitting information in a later BDC filing to demonstrate it can now make service available to a location or area previously removed through the challenge, verification or audit processes.
Delegated authority to the OEA, in coordination with other bureaus and offices, to develop and publish data specifications setting out the categories of information a provider must submit when seeking to restore a previously removed location or area through a subsequent BDC filing.
Sought comment on proposed changes to the availability data filing process, and possible amendments and clarifications to several data-validation rules.

FCC Updates Interim Eligible Locations for Enhanced A-CAM

The FCC issued a public notice announcing an update to the interim eligible locations list for use in the Enhanced A-CAM (EA-CAM) mechanism. The interim eligible locations file is intended to update EA-CAM carriers and other stakeholders on the status of locations in EA-CAM service areas based on currently available data.

The FCC noted that the updated list:

Uses location data from the December 2023 Broadband Serviceable Location Fabric and availability data as of June 2023
Corrects minor errors identified since the release of the January 2024 list
Includes information related to EA-CAM support amounts not included in the prior list.

Additionally, the FCC noted it must provide a final report on the EA-CAM obligations and support amounts by December 31, 2025.

6th Circuit Temporarily Stays Open Internet Order

The U.S. Court of Appeals for the Sixth Circuit issued an order on July 12, 2024, granting a temporary stay, until August 5, 2024, of the 2024 Open Internet Order. The court said the stay would allow sufficient opportunity to consider the merits of the motion to stay the order. Additionally, the court requested supplemental briefs with respect to the application of stare decisis and the 2005 Brand X decision by July 19, 2024.

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