Hogan Lovells Expects Broader FCC Focus on Cybersecurity

The FCC appears to be ramping up its focus on cybersecurity, starting with “a broad-reaching inquiry into the vulnerabilities threatening the security and integrity of the Border Gateway Protocol” earlier this year, said an analysis by Hogan Lovells lawyers Monday. They also cited an NPRM approved last week that proposes new rules to make the emergency alert system and wireless emergency alerts more secure. “FCC observers are … watching the FCC’s increased focus on cybersecurity for signs of whether it may extend the sorts of critical infrastructure regulations that the Cybersecurity and Infrastructure Security Agency (CISA) is developing for other industries into the telecommunications space as well,” the lawyers said: “The proposed rule regarding EAS and WEA may provide a clue on that question.” They said that, in comments on the NPRM, FCC Commissioner Geoffrey Starks “notes approvingly that the proposed rule aligns the timeframe for cyber incident reporting with the timeframe found in the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), which CISA is administering, and argues that the FCC’s ‘actions must be within the larger whole-of-government approach to protect our nation’s networks and infrastructure.’”