Communications and Technology Alert: NORS and DIRS Rulemaking; CSP Reliability Certifications Due Date; Sixth Circuit Data Breach Notification Ruling; Trusty ISAC Remarks [Volume XXII, Issue 33]
Communications and Technology Regulatory Recap: FCC NEPA NPRM
“Keller and Heckman LLP’s Communications and Technology Practice continues its series of webinar updates regarding recent changes in leadership, policy, and regulations in the communications industry. For this week’s Regulatory Recap, Tim Doughty (doughty@khlaw.com; 202.434.4271) provides an overview of the Commission’s Notice of Proposed Rulemaking seeking to modernize the agency’s environmental rules under the National Environmental Policy Act (NEPA).”
Commission Releases Order, FNPRM on NORS and DIRS Requirements
On August 6th, the FCC released an Order of Reconsideration and a Further Notice of Proposed Rulemaking (FNPRM) related to outage reporting requirements under the FCC's Network Outage Reporting System (NORS) and Disaster Information Reporting System (DIRS). In the Order of Reconsideration, the FCC clarified that where providers would be required to report outages under both the NORS and DIRS systems, providers may waive certain NORS submissions if: (1) the NORS deadline falls after the DIRS deadline; and (2) the provider submitted timely DIRS filings. In the FNPRM, the FCC is seeking comment on proposals to streamline a variety of outage reporting requirements under both NORS and DIRS, as well as expanding the pool of emergency management agencies that are eligible to view the filings. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commission Announces CSP Reliability Certifications Due Date
Last week, the FCC announced that the 911 Reliability Certification System is now open for filing annual filings. All Covered Service Providers (CSPs) must submit certifications that they conform with circuit auditing, backup power, and network monitoring reliability measures. If a CSP's system does not conform with each reliability measure, then they must file a certification that they have implemented reasonable alternatives. All submissions must be filed on the Commission's online portal. Filings are due on October 15, 2025. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Sixth Circuit Rejects Challenge to FCC’s Data Breach Reporting Requirements
Last week, the Sixth Circuit denied a petition for review of the FCC’s data breach reporting requirements for telecommunications providers issued in a 2024 Order. The 2024 Order expanded breach notification rules to cover both customary proprietary network information (CPNI) and personal identifiable information (PII), added a good faith exception, eliminated notification waiting periods, and made similar changes for TRS providers. Petitioners requested judicial review of the 2024 Order, claiming it to be substantially similar to a previous order in 2016, which Congress struck down under the Congressional Review Act for exceeding the FCC’s statutory authority. The Sixth Circuit disagreed with Petitioners, ultimately finding that the 2024 Order dealt with separate changes and primarily focused on procedural reporting requirements, as opposed to substantive privacy rule changes found in the rescinded 2016 Order. For more information, please contact Tracy Marshall (marshall@khlaw.com; 202.434.4234) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
Commissioner Trusty Delivers Remarks on ISAC
At the ISAC Strategy Summit last Thursday, Commissioner Olivia Trusty emphasized the importance of the United States leading on the development of integrated sensing and communications (ISAC) technology, which adds a layer of “environmental awareness” by detecting objects and tracking movements on 6G networks. Trusty stated that ISAC has direct public safety and critical infrastructure applications, such as detecting real-time accidents and emergencies over wireless connections. Trusty also stated that she hopes the FCC will utilize Special Temporary Authority (STA) licenses to experiment with ISAC capabilities across existing bands. For more information, please contact Wes Wright (wright@khlaw.com; 202.434.4239) or Tim Doughty (doughty@khlaw.com; 202.434.4271).
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