Wisconsin Gov. Tony Evers (D) made technical changes to the state Telecommunications Relay Service Council through an executive order Friday. The EO updates terminology and membership size and requirements, said the governor’s office.
Most commenters agree the FCC doesn’t have legal authority under the Communications Act to regulate data breaches beyond customer proprietary network information (CPNI), CTIA said in reply comments on a January NPRM on revised rules for wireless carriers to report breaches (see 2301060057). Most commenters also supported a harm-based trigger for notifications. But the FCC faced increasing pressure to take bold action to protect consumer data.
California Public Utilities Commission opposition to T-Mobile’s challenge of USF contribution changes “is as legally indefensible as it is inequitable,” the carrier said Thursday at the U.S. District Court of Northern California. T-Mobile and subsidiaries seek a preliminary injunction to stop the CPUC’s October decision to switch to connections-based contribution from taking effect April 1 (see 2302280037 and 2302020058). T-Mobile disagreed with CPUC opposition that it lacks standing and failed to show the new surcharge is inconsistent with federal law.
Disagreement continued between inmate calling services providers and consumer advocacy organizations about how the FCC should proceed with setting permanent ICS rates, in reply comments posted Monday in docket 12-375 (see 2212160061). Some also disagreed whether all facilities, regardless of size, should be required to provide telecom relay services. The FCC will consider an item during its March 16 meeting on implementing the Martha Wright-Reed Act (see 2302230059).
Commenting on proposed FCC data breach rules (see 2302230038), groups representing the deaf and hard of hearing urged a focus on telecommunications relay service providers. “Overall, rules concerning TRS should account for the unique privacy concerns faced by TRS users, including the possibility that call transcripts could be accessed in a data breach,” the advocates said: “These rules should not include harm-based trigger notification requirements and should not treat cost as a barrier to implementation.” The filing was signed by Telecommunications for the Deaf and Hard of Hearing, Hearing Loss Association of America, National Association of the Deaf and the Rehabilitation Engineering Research Center on Technology for the Deaf and Hard of Hearing at Gallaudet University. TRS provider Sorenson Communications said it and other providers should have to report “inadvertent disclosures” of customer proprietary network information. But the FCC should recognize “the legitimate dangers of over-reporting,” Sorenson said: “Many inadvertent ‘breaches’ pose no serious risk to consumers, such as when an employee of a TRS provider inadvertently receives access to CPNI but does not misuse the information. Requiring providers to report such de minimis ‘breaches’ -- essentially false positives -- would serve no helpful purpose.” Provider Hamilton Relay said the commission should keep in mind “how TRS providers are different from common carriers with regard to the services they provide and the information they collect from their customers.” The FCC should also consider “how its proposed rules will align, or potentially conflict, with existing state and federal privacy regimes,” Hamilton said. Comments were posted last week in docket 22-21.
Inmate calling service providers and consumer advocacy organizations disagreed on several petitions for reconsideration filed by United Church of Christ, Public Knowledge, NCIC Inmate Communications, a coalition of accessibility advocacy organizations and Hamilton Relay (see 2108300062). UCC's Media Justice Ministry and PK sought reconsideration of certain ancillary fees, saying the "likelihood of abuse is strong given the past behavior of regulated companies," in joint comments in docket 12-375. The groups said facilities shouldn't receive commissions because they aren't "part of the cost" of providing telecom services to incarcerated individuals. The National Sheriffs’ Association disagreed, saying security and administrative costs "benefit the public ... as the means to ensure ICS is not used for illegal purposes." Securus said the FCC should address site commissions in its pending rulemaking. "It would be premature and inefficient for the commission to act on petitioners’ requests while these same matters are still pending and open for comment," said ViaPath. Hamilton Relay said there "should be no correctional facility ... in the United States that lacks access to relay services" and the FCC should "reaffirm the obligation of ICS providers to work collaboratively" with telecom relay service providers. NCIC sought additional time for providers to deploy relay services. ClearCaptions backed Hamilton's request that TRS providers update an incarcerated individual's information within 30 days of "written notification," saying implementing enterprise registration would solve the issue "in its entirety." A coalition of advocacy organizations, including Telecom for the Deaf and Hard of Hearing, Inc., National Association of the Deaf, and Gallaudet University's Rehabilitation Engineering Research Center on Technology for the Deaf and Hard of Hearing, backed all petitions but opposed NCIC's request.
An FCC order denying petitions from T-Mobile and IDT on a 2020 IP captioned telephone services compensation decision and joint request from six IP CTS providers to maintain the 2021-22 TRS Fund year compensation level is effective March 24, said a notice for Wednesday's Federal Register. Commissioners adopted the item in December (see 2212210054).
In a busy end-of-year meeting, the FCC tackled digital discrimination, IP captioned telephone services rates and the space application review process, all with unanimous votes by commissioners. Commissioners also approved a record-setting fine for alleged robocalls, at Wednesday's meeting.
The Wyoming Public Service Commission will keep a state surcharge for telecom relay services at four cents per access line, commissioners agreed 3-0 at a partially virtual Tuesday meeting. The commission adopted an order in docket 90000-172-XO-21 that will take effect Jan. 1. “We are on track to continue to draw down the cash reserve balance and hit the target … of 10 times the average monthly expenditures by the end of next year,” said TRS program consultant Lori Ceilinski. Revenue increased this year due to an increase in access lines, “which has been a little bit surprising to us” because they had been steadily declining for many years, she said. Expenditures that dropped during the COVID-19 pandemic “are coming back up,” she said.
Consumer advocacy organizations and telecom relay services providers asked the FCC to make several changes to a draft NPRM on IP captioned telephone services (see 2211300072). Commissioners will consider the item Wednesday, which would seek comment on a proposal to establish a three-year compensation plan for IP CTS that would compensate providers based on the model used to provide the service. Some sought additional questions on how the proposed ratemaking would affect functional equivalence and the overall marketplace.