Wireless Report

The Wireless Report

Next-Gen 911 Update; Ownership Changes

By John A. Prendergast, Managing Partner, Blooston Law (jap@bloostonlaw.com)

FCBA and ABA Hold Annual Privacy and Date Security Symposium

On September 16, the Federal Communications Bar Association and the American Bar Association held their annual symposium on privacy and data security law and regulation. Privacy law is becoming increasingly relevant to all industries, including alarm-related industries. Of the three panels presented at the symposium, two in particular raised issues relevant to alarm companies.

The fi rst panel was dedicated to the advanced notice of proposed rule-making (ANPR) we covered in the previous Wireline Update. You will recall that in the ANPR, the FTC is seeking comments on the harms resulting from “commercial surveillance” and ways the it might address them. Panelists – which included two former FTC chairmen – shared their impressions of the ANPR and commented on concerns that have been raised with the FTCs perceived inexperience with rulemaking. They noted that while the FTC normally acts through enforcement actions, it does have a history of regulatory activity as well, pointing to its rules on telemarketing as an example. Regarding the ANPR itself, the panelists acknowledged that its early stage meant that issues would lack focus for some time, and that the proceeding would likely take several years (with several more opportunities to participate). Nevertheless, they noted that the ANPR would be a good place to start raising concerns stakeholders may have.

The comment cycle on the ANPR will close on December 9. Are there specific concerns that you believe should be on the record in the early stages of the rulemaking process? If not, we recommend reviewing the initial fi lings to see what direction things take before assessing what action AICC should take (if any). An ANPR is similar to an FCC Notice of Inquiry, acting as a precursor to help clarify issues that will be addressed in a Notice of Proposed Rulemaking, and there will be several future opportunities to participate.

Another panel discussed recent trends in privacy litigation, and included fi ve “tips” from plaintiff’s counsel at a major law fi rm on avoiding a privacy lawsuit. According to this panelist, these tips address the issues she encounters most frequently, and which, if addressed, would eliminate many of the suits she has fi led:

Make a data map of what information your company is actually collecting and storing from your customers. This is especially important when you are acquiring a business, to make sure you understand what their information assets are that you’re acquiring as well.

Multi-factor authentication is a must when it comes to protecting accounts from data breaches, both internally and externally.

Understand what accounts have what permissions for accessing customer data.

Listen to your engineers about updating or decommissioning defunct systems.

Hire a cybersecurity fi rm to manage and train employees in up-to-date cybersecurity practices, and prepare and implement a data breach response protocol. Any scope of work should clarify that this is done in preparation for potential

litigation, and not the ordinary course of business.

We recommend alarm companies review these tips against their own practices as food for thought.

FCC Seeks Comment on New Robotexting Rules

On September 27, the FCC adopted a Notice of Proposed Rulemaking proposing new rules on caller ID authentication for text messaging and new blocking requirements. Comments were due November 10; reply comments are due December 9.

Specifi cally, the NPRM proposes and seeks comment on applying existing caller ID authentication standards to text messaging. It also proposes requiring mobile wireless providers to block texts, at the network level, that purport to be from invalid, unallocated, or unused numbers, and numbers on a Do-Not-Originate (DNO) list. Finally, the NPRM also seeks input on other actions the FCC might take to address illegal texts, including enhanced consumer education.

Initial comments pointed out, among other things, there is a question about whether adopting a potentially expensive solution that focuses on unwanted SMS/MMS messages will be effective at stemming the overall growth of unwanted texts when the vast majority of messages are sent via WhatsApp or other over-the-top (“OTT”) services.

AICC has participated in the FCC’s call blocking and STIR/SHAKEN initiatives for the principals that it is now seeking to apply to wireless communications. We are aware of some instances in which these provisions have resulted in alarm communications being blocked. To the extent AICC feels the issue has been signifi cant in the call blocking context, it is logical that a similar – if not greater – impact will be seen in the text blocking context. We invite companies that have or are having issues with call blocking to contact a BloostonLaw attorney to discuss. FCC Revises PSAP Notifi cation Requirements

On November 17, the FCC adopted a Report and Order in PS Docket Nos. 13-75, 15-80 and ET Docket No. 0435 adopting rules to promote public safety by ensuring that 911 call centers receive timely and useful notifi cations of network disruptions that affect 911 service. Specifi cally, the updated rules standardize the type of information conveyed in the network outage notifi cations that providers who serve PSAPs are required to provide to those entities.

The updated rules also require service providers to maintain up-to-date contact information for the 911 call centers they serve. In addition, the FCC retained its current requirement that covered 911 service providers fi le annual 911 reliability certifi cations, which it is hoped will help the FCC promote the continuity of 911 service during the transition to Next Generation 911.

These revisions will hopefully result in better and more timely responses to network outages by PSAPs, which in turn will hopefully result in better alarm service effectiveness.

FCC Announces Process to License Broadband Serviceable Location Fabric Data for Non-ISPs

On November 15, the FCC issued a Public Notice announcing that parties may now begin the process of obtaining a license to the Broadband Serviceable Location Fabric (Fabric) for purposes of preparing and submitting challenges through the FCC’s Broadband Data Collection (BDC). As we reported in a previous edition of the BloostonLaw Telecom Update, the FCC made the Fabric data available to internet service providers and state, local, and Tribal governmental entities starting on June 23 so that they could submit broadband availability data prior to the close of the fi ling window on September 1. Now, other entities and organizations may begin the process of obtaining a license to the Fabric.

To access the Fabric data, each entity must register in the Commission Registration System (CORES), log into the BDC system, and execute a limited end-user license agreement for the Fabric. Some organizations may need to provide a brief description of how their use of the Fabric data aligns with BDC purposes and how the organization is involved in issues around broadband availability. The FCC has also recently released documentation that describes the methodology used to create the initial production version of the Fabric. A public version is available for all interested stakeholders under the Key Reference Documents Tab of the Resources section of the Broadband Data Collection webpage at https://www. fcc.gov/BroadbandData/resources.

The Fabric is to be the defi nitive broadband map that guides broadband funding for the foreseeable future. Access to the Fabric can provide alarm companies with insights about their service territories. It may be a useful resource going forward.

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