TMP Regulatory & Compliance Issues 5 — Questions and Answers
Question 1: Under the FCC's pole attachment rules, what right do telecommunications carriers and cable operators generally have regarding utility poles?
- Carriers can install attachments only on poles they own
- Carriers have a right to access utility poles at regulated rates and on nondiscriminatory terms (Correct answer)
- Carriers must negotiate pole access directly with state utility commissions only
- Carriers may only attach equipment after obtaining a federal court order
Correct answer: Carriers have a right to access utility poles at regulated rates and on nondiscriminatory terms
Section 224 of the Communications Act gives cable and telecom providers a federally-protected right to access utility poles at just and reasonable rates.
Question 2: What is 'network neutrality' as defined in U.S. telecommunications policy debates?
- The requirement that all carriers use identical network equipment from neutral vendors
- The principle that ISPs must treat all internet traffic equally without blocking, throttling, or paid prioritization (Correct answer)
- A rule requiring carriers to maintain equal pricing for all service tiers
- The FCC mandate that networks be jointly owned by government and private carriers
Correct answer: The principle that ISPs must treat all internet traffic equally without blocking, throttling, or paid prioritization
Net neutrality holds that ISPs should not discriminate among internet traffic sources by blocking, throttling, or creating paid 'fast lanes' for preferred content.
Question 3: Which international body coordinates global telecommunications standards and spectrum allocation across member countries?
- World Trade Organization (WTO)
- International Telecommunication Union (ITU) (Correct answer)
- International Organization for Standardization (ISO)
- United Nations Commission on International Trade Law (UNCITRAL)
Correct answer: International Telecommunication Union (ITU)
The ITU, a UN specialized agency, coordinates global telecommunications standards through its ITU-T sector and manages international radio spectrum through the ITU-R sector.
Question 4: A carrier seeks to discontinue a legacy copper telephone service. What regulatory process must it follow under Section 214 of the Communications Act?
- File a notice with the state PUC and wait 60 days
- Obtain FCC approval by demonstrating that service discontinuance will not harm affected customers (Correct answer)
- Simply notify customers 30 days in advance with no agency approval required
- Post a public comment period on the company's website for 90 days
Correct answer: Obtain FCC approval by demonstrating that service discontinuance will not harm affected customers
Section 214 requires FCC approval before a carrier may discontinue, reduce, or impair a communications service, with a process for assessing customer impact.
Question 5: What does the FCC's 'open internet' framework require of broadband providers with respect to transparency?
- Providers must submit all network management practices to the FCC for pre-approval
- Providers must publicly disclose their network management practices, performance characteristics, and commercial terms (Correct answer)
- Providers must allow FCC engineers to inspect network equipment quarterly
- Providers must post real-time network performance data on a government website
Correct answer: Providers must publicly disclose their network management practices, performance characteristics, and commercial terms
The FCC's transparency rule requires ISPs to publicly disclose accurate information about their network management practices, performance, and terms of service.
Question 6: In U.S. telecommunications law, what is the role of state Public Utility Commissions (PUCs) after the Telecommunications Act of 1996?
- PUCs lost all authority over telecommunications services under federal preemption
- PUCs retain authority over intrastate services and can implement regulations that are not preempted by federal law (Correct answer)
- PUCs now have authority only over wireless carriers
- PUCs became advisory bodies with no enforcement power
Correct answer: PUCs retain authority over intrastate services and can implement regulations that are not preempted by federal law
The 1996 Act preserved state PUC authority over intrastate telecommunications while establishing federal preemption for interstate and certain competitive market issues.
Question 7: Which compliance framework specifically governs the security of telecommunications networks used by U.S. federal government agencies?
- PCI-DSS
- FISMA (Federal Information Security Modernization Act) (Correct answer)
- SOX (Sarbanes-Oxley Act)
- HIPAA Security Rule
Correct answer: FISMA (Federal Information Security Modernization Act)
FISMA requires federal agencies and their contractors to implement security programs for information systems, including telecommunications infrastructure used by the government.
Under the FCC's pole attachment rules, what right do telecommunications carriers and cable operators generally have regarding utility poles?