Business alert for telecommunications companies discusses net neutrality and data collection

The effective date of net neutrality has been announced

An effective date has been set for the declaratory judgment, report and order, order and order reconsidering the FCC’s decision to reclassify Broadband Internet Access Service (“BIAS”) as a telecommunications service under Title II of the Communications Act of 1934. Policy These will be effective from July 22, 2024, except for certain changes to the transparency rules that require BIAS providers to disclose network management practices, performance and commercial terms to consumers. Changes to the transparency rules have been postponed indefinitely and their effective date will be published in the Federal Register at a later date.

NPRM Equipment Authorization Program

The FCC has published a notice of proposed rulemaking (“NPRM”) that proposes to prohibit telecommunications certification bodies (“TCBs”) or test laboratories from having any entity on the Commission’s Covered List directly or indirectly participate in an equipment authorization program. The prohibition would be imposed upon direct or indirect ownership of at least 10% of the equity and/or voting shares. The FCC is also seeking comment on whether the Commission should impose eligibility restrictions on TCBs and testing laboratories based on lists developed by Executive Branch agencies.

Proposed updates to broadband data collection

The FCC is considering updates to the Broadband Data Set (“BDC”) that would clarify and strengthen the audit procedures used to validate availability data and modify data collection requirements and validation processes to improve the accuracy of the National Broadband Map. The distributed regulation and declaratory judgment would also create a process to better account for changes in network deployments over time. The FCC publishes updated versions of its National Broadband Map every six months based on data collected through the BDC.

FAA flight testing delays

The FAA advises that off-airport aviation examinations can be expected to require an additional processing time of 15 days, in addition to the average four to six weeks it already takes to process. The FAA expects the issue causing processing delays to be resolved sometime in August. The FAA reminds applicants that air examinations are reviewed on a first-come, first-served basis, but if a planned structure requires priority review, the FAA will consider escalation requests if a satisfactory justification is provided after the air examination request is submitted.