|July 9, 2021

Today’s Regulatory Mix:  Colorado Data Privacy Law, GAO: FCC Should Query Small Businesses About Broadband Speeds, FCC Releases the Final Agenda for July 13th Open Meeting 

Colorado Data Privacy Law 

Colorado has joined Virginia and California in passing comprehensive data privacy laws. SB 21-190, which goes into effect on July 1, 2023, will allow people to opt out of the processing sale, and collection of their personal data. By July 2024, consumers will be able to make use of a global privacy control browser setting that will work on all websites visited instead of having to do so on individual sites.  

In his signing statement, Governor Jared Polis thanked the bill’s sponsors and proponents for protecting consumers and their information. “However,” he noted, “in the haste to pass this bill, several issues remain outstanding.  My chief concern is ensuring Colorado’s competitiveness with other states as an incubator of new technologies and innovations.  SB 21-190 will require clean-up legislation next year, and in fact, the sponsors, proponents, industry, and consumers are already engaged in conversation to craft that bill.  We encourage those to continue but urge that they strike the appropriate balance between consumer protection while not stifling innovation and Colorado’s position as a top state to do business.” 

GAO: FCC Should Query Small Businesses About Broadband Speeds 

A report entitled FCC Should Analyze Small Business Speed Needs published by the U.S. Government Accountability Office (GAO) asserts the FCC’s speed benchmark of 25 megabits per second downstream/3 Mbps upstream has not been updated for six years and is ”likely too slow to meet many small business speed needs.“ The report includes a June 28, 2021, letter responding to a draft version of the report. In it, FCC Wireline Competition Bureau Chief Kris Monteith said that while section 706 of the 1996 Telecommunications Act “does not contemplate a specific examination of small businesses, we agree that soliciting additional stakeholder input regarding small business broadband needs could assist the Commission in determining whether its fixed speed broadband benchmark is adequate to deliver ‘advanced telecommunications capability.’ Therefore, consistent with GAO’s recommendation, we intend to seek comment on this topic in conjunction with our Section 706 inquiry and our efforts to close the digital divide and deliver broadband to all Americans.” 

FCC Releases the Final Agenda for July 13th Open Meeting 

The Federal Communications Commission (FCC) will hold an Open Meeting on the subjects listed below on Tuesday, July 13, 2021, which is scheduled to commence at 10:30 a.m.  Due to the current COVID-19 pandemic and related agency telework and headquarters access policies, this meeting will be in a wholly electronic format and will be open to the public on the Internet via live feed from the FCC’s web page at www.fcc.gov/live and on the FCC’s YouTube channel. 

  • Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs:  The Commission will consider a Third Report and Order that would amend the rules for the Secure and Trusted Communications Networks Reimbursement Program consistent with modifications adopted by Congress in the Consolidated Appropriations Act, 2021. The item would also clarify certain aspects of the Reimbursement Program. 
  • Amendment of Section 15.255 of the Commission’s Rules: The Commission will consider a Notice of Proposed Rulemaking proposing revisions to Section 15.255 of the rules governing short range radar operations in the 64-71 GHz frequency band. 
  • Updating Broadcast Radio Technical Rules: The Commission will consider a Notice of Proposed Rulemaking to eliminate or amend outmoded or unnecessary broadcast technical rules. 
  • Mandatory Electronic Filing of Section 325(c) Applications, International Broadcast Applications, and Dominant Carrier Section 63.10(c) Quarterly Reports: The Commission will consider an Order that would amend rules to require the remaining applications and reports to be filed electronically in the International Bureau Filing System (IBFS) and eliminate duplicative paper filing requirements. 
  • Enforcement Bureau Action: The Commission will consider an enforcement action. 
  • Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities: The Commission will consider a Second Report and Order taking steps to combat contraband wireless devices in correctional facilities and Second Further Notice of Proposed Rulemaking seeking comment on additional technological solutions to combat contraband device usage in correctional facilities. 
  • The meeting will be webcast with open captioning at: www.fcc.gov/live.  Open captioning will be provided as well as a text only version on the FCC website. 

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The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.