Undersea Cable NPRM Dives Into Barring Covered List Equipment and Services
The FCC submarine cable NPRM now asks about ensuring cable licensees don't use equipment or services from entities on the agency’s covered list of organizations that pose a U.S. security threat. Commissioners at their open meeting Thursday unanimously approved the subsea cable NPRM, as expected (see 2411120001), as well as a robocall third-party authentication order. They also approved 5-0 an order creating a permanent process for authorizing content-originating FM boosters, which let broadcasters geotarget content within their broadcast reach for up to three minutes per hour (see 2411140053). The meeting saw the four regular commissioners praise Chairwoman Jessica Rosenworcel, who said Thursday she would step down Jan. 20, the date the next presidential administration takes power. Minority Commissioner Brendan Carr, who is slated to become chair (see 2411180059), discussed his agenda with media (see 2411210028).
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The FCC also proposed a $734,872 fine against Hong Kong-based smart home device manufacturer Eken for apparent violations of FCC rules requiring that the company designate an agent located in the U.S. An Enforcement Bureau investigation into the company continues.
Proposals in the subsea cable NPRM require licensees to report to the agency every three years an array of information that the FCC would use to assess national security risks, or alternatively shortening their 25-year licenses. It also proposes requiring that licensees provide information on third-party access, ranging from physical to remote managed services, to their networks. And it would codify FCC practice that an applicant for a license or modification must show how the application will service the public interest, while the applicants will have to meet character qualifications.
Office of International Affairs acting Chief Troy Tanner said a changing national security environment necessitated the comprehensive review of the agency's undersea cable rules. Multiple commissioners pointed to subsea cable cuts in the Baltic Sea in recent days as illustrating the need for a security focus.
Commissioner Geoffrey Starks, who has mentioned subsea cable security issues previously (see 2006170055), said he got a variety of changes made to the draft NPRM. He said it now asks about streamlining domestic cable deployment that doesn't involve a country of concern, as well as about not allowing use of covered list entities' equipment or services. It also asks about limiting undersea cable licenses to entities not on the covered list or on other agencies' similar lists, such as Commerce's consolidated screening list, he said. In addition, the item asks about the capital investment in and lifespan of submarine cable fiber optic technology to help inform the length of FCC license reviews, and whether the agency should identify classes of risk. And it seeks comment on the idea of the FCC working with applicants to share risk information and threat alerts, he said.
Rosenworcel noted that with 95% of international internet traffic moving via undersea cables "they are now a vital part of our national and economic security." But the FCC's oversight of them hasn't changed much in 20 years, she added. The proceeding aims to streamline FCC rules and encourage deployment while also "supporting the security, resilience, and protection of this infrastructure in a modern way," Rosenworcel said. The 25-year license period, during which the agency doesn't require updates about changes in facility ownership or control, "is too long." The agency will promote its approach with other nations, Rosenworcel said.
FM Boosters
The FM boosters technology is expected to largely be used for advertisements. “This will help local broadcasters serve their communities,” said Carr. “It's going to benefit collaterally a lot of small businesses as well along the way,” Carr said. “These new advertising streams can make a real difference, especially for the many small or minority broadcasters that are working hard to stay on the air,” Starks said.
The FCC has allowed content-originating boosters under a temporary experimental license process since April. Thursday’s order creates a less cumbersome permanent process and clarifies how the FCC’s interference and political broadcasting rules cover boosters. The rule's final text hadn’t been released Thursday afternoon, but the draft item wasn’t expected to undergo many changes. The draft order retained a cap of 25 boosters per station but allowed stations to seek waivers for more, and also kept the three-minute per hour limit on geotargeted content.
Rosenworcel credited Starks and Carr as driving forces behind the item, which NAB and several large radio broadcasters strongly opposed in its initial stages. “This is an idea, a proceeding, an initiative that he really put his shoulder to the wheel on, and it's made a big difference,” Carr said of Starks. The National Association of Black Owned Broadcasters and the Multicultural Media, Telecom and Internet Council supported the proposal alongside the primary company selling FM geotargeting tech, GeoBroadcast Solutions. “This order is many years in the making and the result of the tireless advocacy of broadcasters, civil rights organizations, and leaders in Congress,” Starks said. “None of this would be possible without the true collaboration of my colleague, Commissioner Carr. He and I have worked side by side to bring this proposal to the finish line, and I am tremendously proud of this result.”
The vote Thursday "will allow broadcasters and advertisers alike to take advantage of tools that have been available to other platforms for years," said a spokesperson for GeoBroadcast Solutions. "We commend the FCC for helping move the radio industry into the modern era."
Robocalls
The robocalls order bolsters third-party caller ID authentication requirements and lets providers use third parties for technical aspects of digitally signing calls. "Providers will be able to realize the benefits of working with third parties without compromising the trust and governance structure of" the Stir/Shaken framework," Commissioner Anna Gomez said.
"Working with a third party can make sense for some carriers because it can keep costs down and help keep junk off the line," Rosenworcel said, but it can also "allow carriers to turn the other way and make the mess of unwanted calls someone else’s responsibility." Rosenworcel repeated her desire for Congress to give the FCC more tools to go after bad actors. "We need Congress to fix the gaping loophole left by the Supreme Court in its decision narrowing the definition of autodialer under the Telephone Consumer Protection Act that substantially reduces our ability to protect consumers from junk robocalls and robotexts," she said: "We also need to make sure that when this agency issues big fines for illegal robocalls we can take the bad actors responsible to court and not just rely on the Department of Justice to do so."
Video Doorbell Fine
The FCC also proposed a $734,872 fine against Hong Kong-based smart home device manufacturer Eken for apparent violations of FCC rules requiring that the company designate an agent located in the U.S. An Enforcement Bureau investigation into the company continues. The FCC is also examining hundreds of certifications using the same U.S.-based designated agent as Eken and instructed telecommunications certification bodies to stop processing applications using the agent.
Sen. Marco Rubio, R-Fla., President-elect Donald Trump's secretary of state nominee, called for an investigation in March. “Eken devices are not only unsafe -- they may be illegal,” Rubio said at the time. “I urge you to investigate these serious allegations against Eken and, if necessary, to hold retailers accountable for selling its dangerous and potentially unauthorized products.”
Starks also called for an investigation, sending letters to major retailers. Starks said Eken Group devices are being sold under the brands Eken, Tuck, Fishbot, Rakeblue, Andoe, Gemee and Luckwolf.
Eken’s video doorbells apparently “exposed users’ home IP addresses and Wi-Fi network names and allowed access to photos and videos from household cameras by outside parties,” the FCC said: “Such remote access to extremely private and personal data was apparently available after a series of very simple steps performed by anyone in proximity to the cameras. This raised serious privacy concerns related to stalking, domestic violence survivor safety, and more."
Rosenworcel noted that Eken sells its devices through major retailers such as Walmart, Amazon and Sears. When the Enforcement Bureau launched an investigation, it quickly identified a large problem, she said. “We discovered that the address for the agent registered in our equipment authorization process was not valid,” she said: “This violates our rules. It is the foundation of the enforcement action we have voted on today.”
Meeting Notebook
The FCC is coordinating with other agencies to understand the scope of the Chinese Salt Typhoon hacking attack on multiple U.S. telephone companies (see 2411190073) and next steps, Rosenworcel said. Carr said he was briefed on the issue but wanted to get more depth.