Facing SEC requirements of prompt public disclosure of material cybersecurity incidents, many companies are reporting out of fear of violating the rules, sometimes going public with nonmaterial incidents, cybersecurity experts say. In an FCBA CLE Monday, Wiley cybersecurity lawyer Josh Waldman said the SEC's lawsuit against SolarWinds over the software company's disclosure practices seemed like it would trigger vast under- or overreporting, with the latter seemingly emerging as the dominant trend. While there's a willingness among agencies and Congress to harmonize different agencies' privacy, data security and cybersecurity rules, there's not a clear way of doing so, cybersecurity experts said.

FCC Commissioner Brendan Carr’s Nov. 13 letters to tech companies (see 2411150032) about their relationship with news website rating service NewsGuard are inaccurate and repeat false information, NewsGuard co-CEOs Steven Brill and Gordon Crovitz said in a letter Friday to Carr, the agency's incoming chair. “We wish you had reached out to us before sending your letter because it relies on false reporting about us,” the co-CEOs wrote. Carr also relied on reporting from Newsmax, which has “misled” the commissioner in order to undermine the service’s credibility because it rates Newsmax poorly, NewsGuard's letter said. “An analogy would be a maker of unsafe cars objecting to its rating by Consumer Reports by making false claims about the magazine’s testing process,” NewsGuard said.

The U.S. Supreme Court Monday denied to review a petition from telecom groups challenging a New York law requiring that ISPs offer a certain plan for eligible low-income households (see 2404260051). The Affordable Broadband Act requires $15 monthly plans providing 25/3 Mbps speeds. Some saw the decision to uphold the 2nd Circuit's ruling in favor of the law as unsurprising given the legal battle over the FCC's reclassification of broadband as a Title II telecom service (see 2410010024).

President-elect Donald Trump's incoming administration will likely change BEAD rules, making the program more open to satellite and unlicensed fixed wireless access, connectivity policy experts tell us. A variety of policy statements from Republicans, including Senate Commerce Committee ranking member Ted Cruz (R-Texas) (see 2411040030), suggest a forthcoming policy change, said Chris Mitchell, Institute for Local Self-Reliance (ILSR) director-community broadband networks.

The FCC updated its Mapping Broadband Health in America tool to allow for visualization of more detailed data at the intersection of broadband access and health problems such as opioid abuse, cancer, chronic disease and several conditions affecting maternal health, said a public notice, fact sheet and news release Friday. The latest update “provides a crucial lens into the complex factors affecting maternal health” and is aimed at “empowering communities and policymakers to take action to improve the health and well-being of reproductive age and pregnant women across the country."

FCC Chairwoman Jessica Rosenworcel appears intent on closing several outstanding wireless issues in her final weeks at the helm, but industry experts said it appears unlikely she will tackle controversial items or launch anything. That approach differs from the way former FCC Chairman Ajit Pai conducted business at the end of the first Donald Trump presidency.

CTIA announced Thursday that President-CEO Meredith Baker will step down next year, with the expiration of her contract. Former FCC Chairman Ajit Pai, a partner at private-equity firm Searchlight Capital, is among the early rumored candidates to succeed her. Speculation has also surrounded Brad Gillen, a CTIA executive vice president who joined the group 10 years ago and also worked for Baker when she was an FCC commissioner. Pai declined comment Thursday.

The U.S. Supreme Court decision doing away with Chevron deference won’t grind the next FCC to a halt but could prompt congressional action on the USF, former FCC officials said during panel discussions Thursday at Broadband Breakfast’s "Broadband in the Trump Administration" event.

NTIA Administrator Alan Davidson said during a Thursday Broadband Breakfast event he intends to resign Jan. 20, declaring the day President-elect Donald Trump is set to return to office as the end of his leadership of the agency. FCC Chairwoman Jessica Rosenworcel plans on leaving the same day (see 2411210028). Sen. Marsha Blackburn, R-Tenn., and some other event participants predicted potential changes in NTIA’s $42.5 billion BEAD program once Republicans have unified control of government upon Trump’s inauguration, but suggested it’s less clear how spectrum policymaking may change next year.

Judges appeared to differ Thursday as the 6th U.S. Circuit Appeals Court heard an ISP petition to overturn the FCC’s controversial data breach notification rules, which commissioners approved 3-2 a year ago (see 2312220054). Commissioners Brendan Carr and Nathan Simington dissented (see 2312130019). In 2017, a Congressional Review Act resolution of disapproval rescinded similar regulations that were part of the commission's 2016 ISP privacy order (see 2312200001).