Chairman Wheeler to Leave FCC Jan. 20

FCC Issues Clarification of Broadband Privacy Rules Deadlines

Today, FCC Chairman Tom Wheeler confirmed that he will resign effective January 20, 2017, Inauguration Day. With Commissioner Rosenworcel unlikely to be confirmed for a new term, this would leave the FCC with two Republicans (Commissioners Pai and O’Rielly) and one Democrat (Commissioner Clyburn). The majority in favor of the Republican Commissioners would enable the FCC to more easily overturn recent, controversial items. Additionally, the FCC’s Wireline Competition Bureau issued a public notice yesterday clarifying key deadlines for the new broadband privacy rules.

• As we previously reported, rules not subject to Paperwork Reduction Act review will go into effect on January 3, and the data security obligations will go into effect March 2.

• Breach Notification Requirements: Effective date will be the later of PRA approval or June 2, 2017 (new section 64.2006).

• Notice and Customer Approval (Choice) Requirements: Effective date will be the later of PRA approval or December 4, 2017 (new sections 64.2003, 64.2004, and 64.2011(b)). Small providers will have an additional 12 months before these rules are effective.

Furthermore, the public notice confirms that telecommunications carriers and interconnected VoIP providers no longer will be required to comply with the compliance recordkeeping and annual certification requirements (47 C.F.R. § 64.2009(c) and (e)) effective January 3.