FCC Approves 5-0 Equipment Authorization NPRM, Cites Security Concerns

FCC commissioners approved 5-0 an NPRM Thursday that proposes barring test labs from entities on the agency’s “covered list” of unsecure companies from participating in the equipment authorization process. In addition, the FCC clamped down on political robocall violations. Chairwoman Jessica Rosenworcel, working with Commissioner Brendan Carr, proposed the lab rules (see 2405020071).

The FCC added questions to the draft NPRM about the supplier declaration of conformity process, which is the only major change, said Dana Shaffer, deputy chief of the Office of Engineering and Technology. “I don’t think it changes the underlying item, but it does go a little further in asking questions” on that process, she said. A few other questions in the draft were “amplified,” Shaffer said. The order was expected to be approved largely as proposed three weeks ago (see 2405210062).

“This new proceeding would permanently prohibit entities on the FCC’s Covered List from playing any role in the equipment authorization program while also providing the FCC and its national security partners the necessary tools to safeguard this important process,” a news release said.

The FCC approves more than 30,000 new RF devices every year, “resulting in millions of new wireless products,” Rosenworcel said: “This process has worked well. But as the number of wireless connections around us multiplies and the importance of the security of those connections matters more than ever before, this system needs an update.”

The U.S. has worked in a “bipartisan manner to reorient our nation’s approach to the serious threats posed by foreign adversaries,” Carr said. The Chinese Communist Party “has a well documented record of leveraging its control over aligned companies and using them to advance the CCP’s … goals from surveillance to corporate espionage to IP theft” and “we’ve seen this in spades in the telecommunications and technology sectors,” he said.

The NPRM is “consistent” with the March FCC order creating the cyber-trust mark (see 2405090051), said Commissioner Geoffrey Starks. In that order, “we actually highlighted the importance of test labs to ensure that IoT devices receiving the mark are not compromised,” he said. Telecommunications certification bodies and test labs “acting on our behalf must also be trustworthy, impartial and free from influence."

Commissioner Anna Gomez noted that one of nearly 640 FCC-recognized, accredited test labs review all the wireless devices people use. Moreover, one of the 40 recognized telecommunications certification bodies certifies them. “In this age of wireless proliferation, we must remain vigilant of technology and actors infiltrating our wireless infrastructure to cause harm,” she said.

“With the increased complexity and security surface of equipment authorization, this development is timely and welcome,” Commissioner Nathan Simington said.

Political Robocalls

Commissioners fined Steve Kramer $6 million for "effectuating an illegal malicious robocall scheme" using generative AI to interfere in New Hampshire's January primary election. This notice of apparent liability "sends a strong message we will utilize all enforcement tools to ensure U.S. telecommunications networks are not used to facilitate misuse," Enforcement Bureau Chief Loyaan Egal told commissioners.

Commissioners also fined Lingo Telecom $2 million for "failing to follow our call authentication policies" by carrying Kramer's calls, Rosenworcel said. Carr and Simington concurred with Lingo's fine. The FCC "needs to continue its efforts to crack down on illegal robocalls," Carr said, and the NAL "alleges that the steps they took to implement the [Stir/Shaken] framework fail to apply the correct attestation level." The allegations "require careful review," Carr said. "I will be focused on ensuring that the FCC at the same time doesn't end up undertaking through enforcement by creating new, substantive obligations that go beyond the standards that have previously been set forth," he said.

Simington said the FCC "must immediately act to establish clear know-your-customer standards for providers to prevent an unnecessary chilling effect for parties required to use Stir/Shaken."

“This is only a start,” Rosenworcel said: “We know AI technologies that make it cheap and easy to flood our networks with fake stuff are being used in so many ways here and abroad. It is especially chilling to see them used in elections.”

Kramer was also charged with 13 felony counts of voter suppression and 13 misdemeanor counts of impersonation of a candidate, said New Hampshire Attorney General John Formella. The state "remains committed to ensuring that our elections remain free from unlawful interference and our investigation into this matter remains ongoing," Formella said. "I am pleased to see that our federal partners are similarly committed to protecting consumers and voters from harmful robocalls and voter suppression."

Commissioners also adopted enforcement items that were on the agenda prior to the meeting. A memorandum opinion and order dismissed Americom Limited Partnership's application for review of a Media Bureau decision denying a waiver of the FCC's translator siting rule. Also adopted were a $400,000 NAL against Telco Experts for telecom reporting worksheet violations, as well as a $3.1 million fine against TouchTone Communications for telecom reporting worksheet violations and failure to pay USF and Telecom Relay Service Fund contributions.

Meeting Notebook

Commissioners honored Ethan Lucarelli, first chief of the FCC Office of International Affairs, who died unexpectedly last week at 42 (see 2405150037). “I still can’t believe it,” Rosenworcel said. “He had an infectious laugh and an endless interest in communications policy around the world,” she added. As head of the Office of International Affairs, Lucarelli “spent so many hours in stuffy rooms, fiercely negotiating with his counterparts from around the world, and the truth is they adored him,” she said. Gomez recalled working with Lucarelli at Wiley and later when she was head of the U.S. delegation to the World Radiocommunication Conference. Lucarelli brought “strategic skill, generosity of spirit and pure joy” to “a very big job of leading the commission’s international engagement,” Gomez said.

Carr told reporters he's concerned about the net effect of not fully funding the Secure and Trusted Communications Networks Reimbursement Program to remove and replace Chinese gear in telecom networks. Congress has considered, but so far failed to provide, the $3.08 billion needed to fully fund the program (see 240410006). “The obligation to remove [equipment] continues, but a lot of rural carriers are running into shortfalls with available funding to replace that equipment,” Carr said: “That is not a good thing from a connectivity perspective, from a public safety communications perspective.” Carr noted he called for full funding last week in testimony at a House appropriations hearing (see 2405160009). “There are different ways you can find the funding,” he said.

Rosenworcel told reporters she supports congressional efforts to keep the affordable connectivity program alive. “We will work with anyone and everyone who has ideas about how to continue to fund that program.”