Agenda

NTIA, on behalf of the Department of Commerce, is requesting comment on actions that can be taken to address automated and distributed threats to the digital ecosystem as part of the activity directed by the President in Executive Order 13800, "Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure." Through this Request for Comments, NTIA seeks broad input from all interested stakeholders - including private industry, academia, civil society, and other security experts - on ways to improve industry's ability to reduce threats perpetuated by automated distributed attacks, such as botnets, and what role, if any, the U.S. Government should play in this area.

The Subcommittee on Oversight and Investigations, chaired by Rep Tim Murphy (R-PA), held a hearing examining the Department of Health and Human Services’ (HHS) role in cybersecurity efforts within the health care sector. Discussed during the hearing were two reports that HHS was required to submit to Congress, following the implementation of the Cybersecurity Information Sharing Act (CISA), which became law in 2015. The reports outline the department’s internal cybersecurity processes and industry recommendations for what the federal government and industry can do to improve cybersecurity efforts in the health care sector.

The Federal Communications Commission is seeking nominations for membership on, and a Chairperson for, the Advisory Committee on Diversity and Digital Empowerment (the Committee). The FCC intends to establish the Committee for a period of two (2) years, with an expected starting date in the fall of 2017.

The Committee’s mission will be to provide recommendations to the FCC on how to empower disadvantaged communities and accelerate the entry of small businesses, including those owned by women and minorities, into the media, digital news and information, and audio and video programming industries, including as owners, suppliers, and employees. It will also provide recommendations to the Commission on how to ensure that disadvantaged communities are not denied the wide range of opportunities made possible by next-generation networks. This Committee is intended to provide an effective means for stakeholders with interests in these areas to exchange ideas and develop recommendations to the Commission on media ownership and procurement opportunities, empowering communities in order to spur educational, economic, and civic development, and consumer access to digital technologies. The Committee’s work is intended to enhance the Commission’s ability to carry out its statutory responsibility to promote policies favoring diversity of media voices, localism, vigorous economic competition, technological advancement, and promotion of the public interest, convenience, and necessity.

Nominations for membership to the Committee should be submitted to the FCC no later than 11:59 PM EST, Wednesday, June 28, 2017.

The Supreme Court next term will decide whether law enforcement authorities need a warrant to track a suspect through his cellphone records, justices announced June 5. The case seeks to resolve a digital-age question that has divided lower courts relying on past Supreme Court precedents about privacy.

“Only this court can provide the guidance they seek about whether and how a doctrine developed long before the digital age applies to the voluminous and sensitive digital records at issue here,” wrote American Civil Liberties Union lawyers representing Timothy Carpenter. Investigating a string of armed robberies in the Midwest in 2010 and 2011, a prosecutor sought access to more than five months of historical cellphone location records for Carpenter, his lawyers said. Law enforcement officials did not seek warrants based on probable cause, but asked for the records under the Stored Communications Act.

Lawmakers could be looking at a new fight over internet privacy, as they return to Washington after their weeklong Memorial Day recess. In the House, Communications Subcommittee Chairman Marsha Blackburn (R-TN) is moving to build support for an internet privacy bill she introduced in May. The bill comes after Chairman Blackburn and Republicans spearheaded efforts to kill the Federal Communications Commission's own privacy rules for broadband providers. But so far her bill is winning few supporters, with most stakeholders in the internet privacy fight being slow to take a stance.

The Senate Commerce Committee is holding a hearing on David Redl's nomination to be Assistant Secretary for Communications and Information at the Department of Commerce on June 8. If confirmed, Redl will be in charge of the National Telecommunications and Information Administration (NTIA), and serve as President Trump's top telecom adviser.

As we move from the networks of today to those of tomorrow, the Federal Communications Commission wants to work collaboratively with everyone affected—particularly Tribal partners. That’s why, later in June, I’ll hit the road to discuss this transition with Tribal Nations. Some FCC coworkers and I have been kindly invited to attend the Mid-Year Session of the National Conference of American Indians (NCAI), which is the “oldest, largest, and most representative American Indian and Alaska Native organization” serving Tribal interests. We’ll be participating in consultation sessions with a number of Tribes (and in addition to these NCAI sessions, dedicated FCC staff are already doing outreach to Tribes on both conference calls and visits to Indian Country).

I believe that the FCC and Tribal Nations share the same goal—ensuring high-speed Internet access to anyone who wants it, while respecting and preserving sites with historic, religious, and cultural significance to Tribes. To achieve this goal, the FCC needs to and wants to exchange perspectives with Tribes on the full range of issues associated with the deployment of wireless broadband infrastructure. I invite the leaders of the 567 federally-recognized Tribes and Native Hawaiian Organizations to join this important conversation.

Exclusive deals between broadband providers and landlords have long been a problem for Internet users, despite rules that are supposed to prevent or at least limit such arrangements. The Federal Communications Commission is starting to ask questions about whether it can do more to stop deals that impede broadband competition inside apartment and condominium buildings.

FCC Chairman Ajit Pai released a draft Notice of Inquiry (NOI) that seeks public comment “on ways to facilitate greater consumer choice and to enhance broadband deployment in multiple tenant environments (MTEs).” The commission is scheduled to vote on the NOI at its June 22 meeting, and it would then take public comments before deciding whether to issue new rules or take any other action.

Cable operator Internet service providers have been pushing hard against an opt-in regime for sharing user data with third parties, but there is another opt-in regime they are concerned about avoiding. In a phone call with the office of Commissioner Mignon Clyburn of the Federal Communications Commission, NCTA–The Internet & Television Association VP and deputy general counsel Diane Burstein argued against applying that regime to how broadband operators provide required notifications to their customers.

The FCC signaled it would be voting on a request for declaratory ruling by NCTA and the American Cable Association that they be allowed to e-mail those notifications rather than have to send out paper. FCC Chairman Ajit Pai has signaled support for that ruling, so it is expected to pass, but how it is implemented is also important to ISPs. Burstein told Commissioner Clyburn staffers that though operators would continue to offer paper notices to customers who wanted them, the default should be electronic unless a subscriber opts out and chooses paper.

The DC Circuit Court of Appeals put on hold the Federal Communications Commission’s plans to restore a key media ownership rule that allowed major station groups to expand through mergers and acquisitions. The ruling could prove to be a roadblock to Sinclair Broadcast Group’s pending $3.9 billion acquisition of Tribune Media TV stations.

The court issued a stay to the FCC’s decision in April to restore the so-called UHF discount, which has allowed major media companies to exceed restrictions on the number of stations that they can own. The court said that the stay will give them an opportunity to review the merits of the case. Apparently, the temporary stay granted on June 1 extends through June 7, and the real test will come next week after the review is completed by a three-judge panel.

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the June Open Commission Meeting scheduled for Thursday, June 22, 2017:

New Emergency Alert System Event Code For Blue Alerts – The Commission will consider a Notice of Proposed Rulemaking that would amend the Commission’s Emergency Alert System (EAS) rules to add a dedicated event code, “BLU,” for Blue Alerts, so that EAS alerts can deliver actionable information to the public when a law enforcement officer is killed, seriously injured, missing in connection with his or her official duties, or if there is an imminent and credible threat to a law enforcement officer. (PS Docket No. 15-94)

First Responder Network Authority – The Commission will consider a Report and Order that establishes the procedures and standards the Commission will use to review alternative plans submitted by states seeking to "opt-out" of the FirstNet network and to build their own Radio
Access Networks that are interoperable with FirstNet. (PS Docket No. 16-269)

Exemption to Calling Number Identification Service – The Commission will consider a Notice of Proposed Rulemaking that would amend the Caller ID rules to allow disclosure of blocked Caller ID information to aid law enforcement in investigating threatening calls and continue the
waiver of those rules that is currently in effect for Jewish Community Centers. (CG Docket No. 91-281)

OneWeb Market Access Request – The Commission will consider an Order and Declaratory Ruling that recommends granting OneWeb’s request to be permitted to access the U.S. market using its proposed global non-geostationary satellite constellation for the provision of broadband communications services in the United States. (IBFS SAT-LOI-20160428-0041)

Improving Competitive Broadband Access to Multiple Tenant Environments – The Commission will consider a Notice of Inquiry that seeks comment on ways to facilitate greater consumer choice and enhance broadband deployment in multiple tenant environments such as
apartment buildings, condominium buildings, shopping malls, or cooperatives. The Notice of Inquiry further seeks comment on the current state of broadband competition in such locations and whether additional Commission action in this area is warranted to eliminate or reduce barriers faced by broadband providers that seek to serve the occupants of multiple tenant environments. (GN Docket No. 17-142)

Electronic Annual Notice Declaratory Ruling – The Commission will consider a Declaratory Ruling which would clarify that the “written information” that cable operators must provide to their subscribers via annual notices pursuant to Section 76.1602(b) of the Commission’s rules may be provided via e-mail. (MB Docket No. 16-126)

Modernization of Payphone Compensation Rules – The Commission will consider a Notice of Proposed Rulemaking and Order that (1) proposes to eliminate the requirement that carriers that complete payphone calls conduct an annual audit of their payphone call tracking systems and file an associated annual audit report with the Commission, and (2) waives the annual audit and associated reporting requirement for 2017. (WC Docket Nos. 17- 141 and 16-132; CC Docket No. 96-128).

Enforcement Bureau Action - The Commission will consider an enforcement action.