Supporting Survivors of Domestic and Sexual Violence, 30303-30311 [2024-08642]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30303-30311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08642]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 22-238; FCC 24-38; FR ID 214900]


Supporting Survivors of Domestic and Sexual Violence

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(``Commission'') seeks comment on additional action it can take to help 
survivors of domestic violence access safe and affordable connectivity, 
particularly in the context of connected car services which may be used 
to stalk, harass, and revictimize survivors of domestic violence.

DATES: Interested parties may file comments on or before May 23, 2024, 
and reply comments on or before June 24, 2024. Written comments on the 
Paperwork Reduction Act proposed information collection requirements 
must be submitted by the public, the Office of Management and Budget 
(OMB), and other interested parties on or before June 24, 2024. Written 
comments on the Initial Regulatory Flexibility Analysis (IRFA) in this 
document must have a separate and distinct heading designating them as 
responses to the IRFA and must be submitted by the public on or before 
May 23, 2024.

ADDRESSES: You may submit comments, identified by WC Docket No. 22-238, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Filing, Public Notice, 35 FCC Rcd 2788 (2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), please send an email to [email protected] or call 
the Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT: For further information on this 
proceeding, contact Thomas Hastings, [email protected], of the 
Wireless Telecommunications Bureau, Competition & Infrastructure Policy 
Division, (202) 418-1343. For additional information concerning the 
Paperwork Reduction Act proposed information requirements contained in 
this document, send an email to [email protected] or contact Cathy Williams 
at (202) 418-2918.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM), in WC Docket No. 22-238; 
FCC 24-38, adopted April 3, 2024, and released on April 8, 2024. The 
full text of the document is available for download at https://docs.fcc.gov/public/attachments/FCC-24-38A1.pdf.
    Regulatory Flexibility Act: The Regulatory Flexibility Act of 1980, 
as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice-and-comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a

[[Page 30304]]

significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) concerning the possible impact 
of the rule and policy changes contained in this Notice of Proposed 
Rulemaking. Written public comments are requested on the IRFA. Comments 
must be by the deadlines for comments on this Notice of Proposed 
Rulemaking indicated in the DATES section of this document and must 
have a separate and distinct heading designating them as responses to 
the IRFA and must be filed in WC Docket No. 22-238.
    Paperwork Reduction Act: This document contains proposed modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. If 
the Commission adopts any new or revised information collection 
requirements, the Commission will publish a notice in the Federal 
Register inviting the general public and the Office of Management and 
Budget to comment on the information collection requirements. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks 
specific comment on how it might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    Ex Parte Rules: This proceeding shall be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda, or other filings in the 
proceeding, then the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f), or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
    Providing Accountability Through Transparency Act: The Providing 
Accountability Through Transparency Act, Public Law 118-9, requires 
each agency, in providing notice of a rulemaking, to post online a 
brief plain-language summary of the proposed rule. The required summary 
of this Notice of Proposed Rulemaking is available at https://www.fcc.gov/proposed-rulemakings.

Synopsis

I. Introduction

    1. In this FNPRM, the Commission seeks comment on additional action 
we can take to help survivors of domestic violence access safe and 
affordable connectivity, particularly in the context of connected car 
services. Modern vehicles are frequently equipped with a suite of 
connectivity tools and features, such as hands-free communication, 
real-time location, and other connectivity services. While these 
services provide benefits to drivers and passengers when used as 
intended, news reports suggest that these services have also been used 
to stalk, harass, and revictimize survivors of domestic violence.
    2. We seek comment on solutions to help ensure that domestic 
violence survivors need not choose between access to personal 
transportation or exposing themselves to threatening, stalking, or 
other harmful behavior by those who can access the car's data and 
connectivity. We seek comment on the types, as well as the frequency of 
use, of connected car services in the marketplace today. In addition, 
we ask whether changes to the Commission's rules implementing the Safe 
Connections Act (SCA) are needed to address the impact of connected car 
services on domestic violence survivors. Safe Connections Act of 2022, 
Public Law 117-223, 116 Stat. 2280 (Safe Connections Act or SCA). In 
November 2023, the Commission adopted a Report and Order implementing 
the Safe Connections Act. Supporting Survivors of Domestic and Sexual 
Violence et al., WC Docket No. 22-238, Report and Order, FCC 23-96 
(Nov. 16, 2023) (SCA Report and Order). We also ask more broadly what 
steps connected car service providers can proactively take to protect 
survivors from being stalked, harassed, intimidated, or otherwise 
revictimized through the misuse of connected car services.

II. Background

    3. Domestic violence and abusive relationships are a significant 
safety and public health issue that result in individual harm and 
societal costs that extend beyond the survivor. Domestic violence 
affects more than 12 million people every year, and an average of 24 
people per minute are subject to physical violence or stalking by an 
intimate partner. Almost half of all women and men in the United States 
have experienced psychological aggression by an intimate partner in 
their lifetime (48.4% and 48.8%, respectively). The effects of domestic 
violence disproportionately impact women. In addition, domestic 
violence disproportionately impacts people of color, LGBTQ+ 
individuals, and other individuals who identify with historically 
marginalized demographics. Estimates of economic costs due to domestic 
violence are vast and encompass disruptions to education and work, 
among other aspects.
    4. Safe Connections Act. In recognition of the harmful and lasting 
impact that domestic violence and related crimes have on survivors, 
Congress passed the SCA in November of 2022. In particular, Congress 
recognized the reality that survivors seeking to escape their abusers 
are often tethered to their abusers by technology--such as shared 
mobile service--and that these lingering connections present unique 
challenges for survivors seeking to maintain essential connectivity 
while distancing themselves from their abusers. In the SCA, Congress 
found that ``perpetrators of violence and abuse . . . increasingly use 
technological and communications tools to exercise control over, 
monitor, and abuse their victims,'' and that ``[c]ommunications law can 
play a public interest role in the promotion of

[[Page 30305]]

safety, life, and property'' with respect to these types of violence 
and abuse. The SCA further found that ``[s]afeguards within 
communications services can serve a role in preventing abuse and 
narrowing the digital divide experienced by survivors of abuse.'' 
Congress, through the SCA, sought to ensure that survivors can separate 
from abusers without losing independent access to their mobile service 
plans. To further that objective, Congress directed the Commission to 
adopt rules to implement the protections established in the SCA for 
survivors of domestic violence.
    5. SCA Report and Order. In November 2023, the Commission adopted 
the SCA Report and Order implementing the Commission's obligations 
under the SCA to help survivors of domestic violence and related crimes 
to separate service lines from accounts shared with their abusers, 
protect the privacy of calls made by survivors to domestic-violence 
hotlines, and support survivors suffering from financial hardship. The 
Commission defined key terms in the SCA, such as what constitutes a 
``covered provider'' subject to the Commission's new rules. As noted in 
the SCA Report and Order, multi-line shared mobile service contracts 
present challenges for survivors of domestic violence who seek to 
maintain essential connectivity while also distancing themselves from 
their abuser, because the abuser may be an account holder and thus able 
to monitor the survivor's calls, text messages, and device location. In 
adopting rules implementing the SCA, the Commission recognized that it 
can be difficult for the survivor to separate their mobile service line 
from their abuser when the plan is shared with and controlled by the 
abuser.
    6. Concerns of Misuse of Connected Car Applications by Abusers. 
Connected cars bring a myriad of benefits that can improve conditions 
for drivers, pedestrians, and motorists in general. These benefits 
include helping to locate a vehicle in a parking lot and connecting 
promptly with first responders in an emergency without a phone. These 
features typically require the car to have wireless connectivity and to 
create and share location data. However, when these data and 
connectivity are in the wrong hands, they may be used to harm a 
survivor in--or attempting to leave--an abusive relationship. Indeed, 
recent reports suggest that connected cars can be ``weaponized'' 
against survivors, especially when survivors co-own or share a car with 
an abuser. For instance, connected cars co-owned or leased by both the 
abuser and survivor may allow the abuser to track the survivor using 
the car's location-based services. One news report suggests that 
survivors may have only limited ability to remove an abuser from their 
vehicle's data services and that connected car manufacturers may 
hesitate to act or abstain from acting altogether when the abuser has 
an ownership interest in the connected car with the survivor.
    7. FCC Letters and Responses. In response to this public policy 
concern and Congress' directive in the SCA, in January 2024, Chairwoman 
Rosenworcel sent a series of letters to wireless service providers and 
to auto manufacturers to seek information and ask for their help in 
protecting domestic violence survivors. The letters to the wireless 
providers asked about existing connected car services, treatment of 
geolocation data from these services, current compliance with the SCA, 
and whether (and if so, how) the companies provide connected car 
services to consumers who are not subscribers to the company's wireless 
services. The letters to the auto manufacturers asked the companies for 
details about the connected car services they offer, any existing plans 
to support survivors' efforts to disconnect from abusers, and how the 
manufacturers handle consumers' geolocation data.
    8. In their responses, as discussed further below, the wireless 
service providers noted their shared concerns about safeguarding 
survivors of domestic violence and affirmed that they are taking steps 
to implement the SCA. The auto manufacturers provided an overview of 
the functions and privacy features of their connected car services.

III. Discussion

    9. We seek comment generally on the ways that connected car 
services are used and steps the Commission can take to help protect 
survivors of domestic violence from misuse of such services. First, 
based on the responses to the information requests sent by the 
Chairwoman, we describe and seek comment on our understanding of 
wireless service providers' and auto manufacturers' connected car 
service offerings. We also seek additional information on any other 
connected car services that are available. Next, we seek comment on 
whether changes to the Commission's rules implementing the SCA are 
necessary to address the impact of connected car services on domestic 
violence survivors. Finally, we seek comment on other actions we can 
take to help protect survivors using connected car services. In that 
regard, we seek comment on other potential sources of authority for 
Commission action and on how to encourage connected car service 
providers to take proactive steps to protect survivors against misuse 
of these services.
    10. The Connected Car Services Available Today. The responses to 
Chairwoman Rosenworcel's information requests show that wireless 
service providers and auto manufacturers currently provide a range of 
connected car services in the marketplace. We seek additional 
information about how these services are offered to consumers.
    11. One method for offering connected car services is through a 
wireless service provider. The wireless service providers' responses to 
the Chairwoman's information requests suggest that their offerings 
generally consist either of (1) services offered directly to consumers 
or (2) wholesale connectivity services offered to auto manufacturers or 
to the manufacturer's contracted third-party telematics service 
provider. For services offered directly to consumers, wireless service 
providers may enter into an agreement with a subscriber to add a line 
with an associated phone number to their wireless service contract for 
the connected car service. Subscribers typically access these services 
using an app and, in some cases, a separate device that plugs into 
their vehicle's control panel. The direct-to-subscriber services offer 
a range of features such as roadside assistance, navigation, and 
notification of required vehicle maintenance. Wireless service provider 
responses to the information requests suggest that some of these 
services also include the ability to track the vehicle's location 
remotely. Some wireless service providers also offer in-vehicle Wi-Fi 
services to consumers. When wireless service providers offer wholesale 
connectivity services, the providers may not have a direct contractual 
relationship with individual vehicle owners or lessees. Rather, they 
may contract directly with auto manufacturers via wholesale agreements 
or with other third parties to provide connectivity for a fleet of 
vehicles. We seek comment on our understanding of the connected car 
services offered by wireless service providers, and we seek additional 
information on any other features and capabilities not covered in this 
paragraph.
    12. With respect to auto manufacturers' connected car services, the 
responses suggest that, when purchasing service from an auto 
manufacturer, the owner or lessee of a car typically enters into a 
service agreement with the auto manufacturer

[[Page 30306]]

for connected car services. A car owner typically accesses connected 
services on their mobile device through a manufacturer-provided app. 
Many auto manufacturers obtain the network connectivity to power these 
services by entering into contracts to access the wireless networks of 
wireless service providers or other third parties. The connected car 
services provided by auto manufacturers include a range of features 
such as the ability to start the vehicle or control the vehicle's 
climate control system remotely. Some services also include the ability 
to track the vehicle's location remotely. We seek comment on our 
understanding of the connected car services offered by auto 
manufacturers, and we seek additional information on any other features 
and capabilities not covered in this paragraph.
    13. It appears that consumers--including domestic violence 
survivors--have varying levels of control of the data that connected 
car services generate, including remote vehicle location data. 
Responses to the information requests suggest that while some of the 
wireless service providers and auto manufacturers enable a survivor to 
turn off remote location tracking if the survivor becomes aware of 
being tracked by an abuser, not all companies currently provide that 
ability. For some connected car services, it appears that only a 
vehicle owner or lessee may disable tracking features on the connected 
car app absent a court order or other legal process. Some of the 
responses to the information requests indicate that the provider's 
connected car service gives notice to a driver that the car's location 
is being tracked. Other responses do not indicate whether the service 
offers this function. The responses to the information requests further 
indicate that information collected through connected car services may 
be shared with third parties in accordance with connected car service 
agreements. We seek further information on whether and how users, 
including both owners or lessees and nonowners or lessees, control 
access to their data for connected car services that are available 
today and on what information users receive about the tracking features 
of these services. To what extent do auto manufacturers and wireless 
service providers enable--or plan to enable--access controls for data 
associated with connected car services for owners and lessees and other 
vehicle users?
    14. Application of the SCA and the FCC's Implementing Rules to 
Connected Car Services. We seek comment on what, if any, changes to our 
rules implementing the SCA could help to address the impact of 
connected car services on domestic violence survivors. A ``shared 
mobile service contract'' is defined under the SCA rules to mean ``a 
mobile service contract for an account that includes not less than two 
lines of service and does not include enterprise services offered by a 
covered provider. ``Lines of service,'' under the SCA rules, are those 
``associated with a telephone number'' and include ``all of the mobile 
services associated with that line under the shared mobile service 
contract, regardless of classification, including voice, text, and data 
services.'' The SCA Report and Order makes clear that a ``line'' can 
apply to devices, ``such as tablets with no mobile capability, which 
only nominally have a line associated with a customer account,'' 
noting, for example, that ``a survivor may want to separate a line for 
a device in order to protect his or her location information from an 
abuser with access to the shared mobile account information.''
    15. Line separation requirements apply, under the SCA rules, to 
``covered providers.'' ``Covered providers'' are defined as providers 
of ``a private mobile service or commercial mobile service, as those 
terms are defined in 47 U.S.C. 332(d).'' ``Covered provider'' includes 
providers of mobile broadband-only or mobile text service that do not 
also offer mobile voice service, if such provider assigns a telephone 
number to a device. ``Covered provider'' also includes facilities-based 
mobile network operators and resellers/mobile virtual network operators 
(MVNOs).
    16. Where the defined elements in the Commission's SCA rules are 
present, the obligations associated with line separations apply. The 
FCC's rules implementing the SCA thus could apply to connected car 
services that involve a ``shared mobile service contract'' offered by a 
``covered provider'' as defined under the rules and would require a 
provider to respond to a valid request for a line separation. We seek 
comment on this position and the extent to which the FCC's existing SCA 
rules do not fully address concerns regarding the impact of connected 
car services on domestic violence survivors and whether changes to 
these rules would enable the Commission to better address these 
concerns.
    17. As stated above, the definition of ``covered provider'' under 
the SCA rules includes providers both of commercial mobile service and 
private mobile service and also includes facilities-based mobile 
network operators and resellers/MVNOs. In the context of connected 
cars, wireless providers offer services directly to consumers and may 
enter into an agreement with a subscriber to add a line to their mobile 
service contract for the connected car service. Wireless providers also 
provide wholesale service to auto manufacturers, which in turn provide 
connectivity for consumers as a value-added service. Auto manufacturers 
enter into service agreements with owners and lessees of vehicles to 
provide them connected car services using, in many cases, the 
connectivity from the networks of wireless service providers. We view 
the broad scope of the ``covered provider'' definition as potentially 
including the connected car services that wireless service providers 
offer directly to consumers, and we highlight this view to assist 
efforts to implement the Commission's recently adopted rules under the 
SCA. Does the definition also include the service that auto 
manufacturers purchase wholesale and in turn offer to consumers? Does 
the definition of ``covered provider'' in the SCA rules need to be 
modified to account for additional use cases in order to better protect 
survivors, and if so, what revisions do commenters recommend? Would 
doing so be consistent with the policy objectives and authority of the 
SCA?
    18. To what extent are auto manufacturers reselling mobile 
connectivity when providing connected car services? In clarifying that 
the SCA rules extend to MVNOs, the Commission noted in the SCA Report 
and Order that, for some MVNOs, ``the underlying facilities-based 
provider may have control over some parts of, or all of, the systems 
and infrastructure necessary to effectuate line separations.'' The 
Commission clarified that, in those cases, ``the MVNO should fulfill 
its obligations under the SCA and our rules through its contractual 
relationship with the underlying facilities-based provider, and may 
satisfy its obligations by utilizing the same procedures and processes 
the facilities-based provider makes available to its own customers.'' 
To the extent an MVNO controls any facilities or systems, such as 
customer care or billing, the Commission found that ``the obligations 
imposed by the SCA fall entirely upon the MVNO and not the underlying 
facilities-based provider.'' We seek comment on how these findings may 
apply in the context of connected car services offered by auto 
manufacturers. Do auto manufacturers have control over any systems or 
infrastructure necessary to effectuate a line separation under the SCA 
rules? Are these systems entirely controlled by the wireless service 
providers who

[[Page 30307]]

provide the connectivity for the services? Are they controlled or 
operated jointly?
    19. Under the SCA, ``shared mobile service contract'' is defined to 
mean ``a mobile service contract for an account that includes not less 
than 2 consumers.'' The rules implementing the SCA provide that a 
``shared mobile service contract'' means ``a mobile service contract 
for an account that includes not less than two lines of service'' and 
define ``lines of service'' to mean those lines associated with a 
telephone number. Connected car services generally involve a ``shared 
mobile service contract'' when the service is offered by a wireless 
service provider as an add-on to an existing wireless service 
agreement. Do connected car services offered by auto manufacturers also 
involve multiple lines of service? For example, if someone owns 
multiple cars from the same manufacturer and each of those cars has 
connected car service, would there be a ``shared mobile service 
contract'' for those services? Do connected car services use ``lines of 
service'' as contemplated under the SCA framework? The responses to the 
information requests suggest that some connected car services associate 
phone numbers with specific vehicles. Is that association typical for 
the majority of connected car services? If there are some connected car 
services that do not involve ``shared mobile service contracts'' and 
``lines of service'' as currently defined by the Commission, are there 
ways that the Commission can revise these definitions, consistent with 
our authority under the SCA, to expand their scope and apply to 
connected car services? Would doing so be consistent with the policy 
objectives of and authority granted by the SCA? For example, to the 
extent connected car services are not currently encompassed in the 
Commission's definition of ``shared mobile service contract'' under our 
rules, does the language in the SCA definition that refers to ``an 
account that includes not less than 2 consumers'' suggest that we could 
extend the definition to a shared account (e.g., co-owners or co-
lessees of a vehicle) for connected car services?
    20. To the extent that connected car services are--or could be--
covered by the SCA, how would line separation requirements apply? Are 
there operational or technical issues that would affect implementation, 
including any unique challenges for small entities? For example, how 
would vehicle ownership affect implementation? Are vehicles typically 
owned on a shared basis by both members of a couple? We expect that, if 
a vehicle is under the sole ownership of an abuser, but is used by a 
survivor, the SCA rules would require separation of the connected car 
service line that is associated with that vehicle through the abuser's 
account. In these cases, what evidence and standards of proof would be 
needed from a survivor to separate the connected car service line? 
Currently, under the Commission's SCA rules, survivors seeking a line 
separation are required to submit documentation that verifies that an 
individual who uses a line under the shared mobile service contract has 
committed or allegedly committed a covered act against the survivor or 
an individual in the survivor's care. Would there be any reason to 
modify these evidentiary requirements for connected car services?
    21. Other Actions to Protect Survivors Using Connected Car 
Services. Outside of the SCA, we seek comment on other authority the 
Commission could use and other steps the Commission could take to help 
prevent the misuse of connected car services. To the extent that 
connected car services are not covered by the SCA and Commission rules, 
are there other sources of authority the Commission could use to help 
address the misuse of these services? For example, could the Commission 
use its authority under other Title III provisions to adopt 
requirements that apply to the connected car services offered by 
wireless service providers and/or auto manufacturers?
    22. Outside of formal Commission action, what steps can providers 
of connected car services take to prevent the misuse of connected car 
services in domestic violence situations? How can the Commission 
encourage providers to take such steps? What changes to the design and 
functionality of these services are needed to help protect survivors of 
domestic violence? In particular, we seek comment on what steps 
providers of connected car services could take to make it easier for 
survivors to turn off remote location tracking and other services that 
might enable abusers to track, control, or revictimize survivors. For 
example, for some connected car services it appears that only a vehicle 
owner or lessee may disable tracking features on the connected car app 
absent a court order. Should manufacturers permit their apps to allow 
multiple account holders so that survivors using a co-owned vehicle may 
access the app to turn off tracking features? How could companies 
change their policies to better respond to domestic violence 
situations? What other users or sets of users should be permitted to 
disable such features? Are there any risks that would arise if 
companies were to allow users other than the owner or lessee to disable 
any connected car services?
    23. What are companies' policies, and how can they best ensure that 
survivors are protected in instances when survivors request, and 
companies make, changes to location tracking or other connected 
services? Where companies do permit survivors who are not the primary 
account holder to request changes (such as turning off location data 
for a connected car service), do companies automatically send notices 
to primary account holders? If so, do companies need to notify a 
primary account holder (who may be an abuser) about such changes? 
Should companies set a uniform waiting period between when the company 
receives a request from a survivor and when the company notifies a 
primary account holder? Could companies delay notice to primary account 
holders until the company has approved and processed such requests, or 
do the companies need to communicate with primary account holders prior 
to making changes?
    24. Are there other ways to allow vehicle tracking for legitimate 
safety reasons (e.g., driver safety or vehicle theft recovery) without 
making the tracking features accessible by abusers? Are there changes 
that automakers could make to alert unsuspecting survivors about 
tracking services that may be active in their vehicles? What other 
steps should auto manufacturers and wireless service providers consider 
to prevent the misuse of connected car services? Should they provide 
consumers with more information about the connectivity features, 
privacy controls, and other settings available in connected car 
services and apps? Should they develop more specific policies to 
address the misuse of connected car services in domestic violence 
situations? How can the Commission encourage auto manufacturers and 
wireless service providers to collaborate proactively with stakeholders 
to protect against misuse of connected car services?
    25. Promoting Digital Equity and Inclusion. As noted earlier, the 
effects of domestic violence disproportionately impact women as well as 
people of color, LGBTQ+ individuals, and other individuals who identify 
with historically marginalized demographics. The Commission, as part of 
its continuing effort to advance digital equity for all, including 
people of color, persons with disabilities, persons who live in rural 
or Tribal areas, women, LGBTQ+ persons, and others who are or

[[Page 30308]]

have been historically underserved, marginalized, or adversely affected 
by persistent poverty or inequality, invites comment on any equity-
related considerations and benefits (if any) that may be associated 
with the proposals and issues discussed herein. Specifically, we seek 
comment on how our proposals may promote or inhibit advances in 
diversity, equity, inclusion, and accessibility, as well the scope of 
the Commission's relevant legal authority.

IV. Initial Regulatory Flexibility Analysis

    26. As required by the Regulatory Flexibility Act of 1980, as 
amended, (RFA), the Federal Communications Commission (Commission) has 
prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on a substantial number of small 
entities by the policies and rules proposed in the Further Notice of 
Proposed Rulemaking (FNPRM). The Commission requests written public 
comments on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments provided on the 
first page of the FNPRM. The Commission will send a copy of the Notice, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA). In addition, the FNPRM and IRFA (or 
summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    27. Connectivity services in modern vehicles such as hands-free 
communication or find-your-car are intended to function as convenient 
tools for passengers and drivers. However, in the hands of an abuser, 
those same services can be used to stalk, harass, and intimidate 
survivors of domestic violence. In the FNPRM, the Commission seeks 
comment generally from small and other entities on the ways that 
connected car services are used and what further action the Commission 
can take to help protect domestic violence survivors from misuse of 
these services. First, based on the responses the Commission received 
to the information requests sent by the Chairwoman, the FNPRM describes 
and seeks comment on the Commission's understanding of wireless-service 
providers' and auto manufacturers' connected car service offerings. The 
FNPRM also seeks additional information on any other connected car 
services that are available in today's marketplace. Next, the FNPRM 
seeks comment on whether changes to the Commission's rules implementing 
the Safe Connections Act (SCA) are necessary to address the impact of 
connected car services on domestic violence survivors. Finally, the 
FNPRM seeks comment on other actions the Commission can take to help 
protect survivors using connected car services, other potential sources 
of authority for Commission action, and how best to encourage connected 
car service providers to take proactive steps to protect survivors 
against abuse of these services.

B. Legal Basis

    28. The proposed action is authorized pursuant to sections 1, 4(i), 
4(j), 254, 345, and 403 of the Communications Act of 1934, as amended, 
47 U.S.C. Sec. Sec.  151, 154(i), 154(j), 254, 345, and 403; section 
5(b) of the Safe Connections Act of 2022, Public Law 117-223, 136 Stat 
2280; and section 904 of Division N, Title IX of the Consolidated 
Appropriations Act, 2021, Public Law 116-260, 134 Stat. 1182, as 
amended by the Infrastructure Investment and Jobs Act, Public Law 117-
58, 135 Stat. 429.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Would Apply

    29. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    30. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe, at the 
outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry specific size 
standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the Small Business 
Administration's (SBA) Office of Advocacy, in general a small business 
is an independent business having fewer than 500 employees. These types 
of small businesses represent 99.9% of all businesses in the United 
States, which translates to 33.2 million businesses.
    31. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2020, there were 
approximately 447,689 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    32. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate there were 
90,075 local governmental jurisdictions consisting of general purpose 
governments and special purpose governments in the United States. Of 
this number, there were 36,931 general purpose governments (county, 
municipal, and town or township) with populations of less than 50,000 
and 12,040 special purpose governments--independent school districts 
with enrollment populations of less than 50,000. Accordingly, based on 
the 2017 U.S. Census of Governments data, we estimate that at least 
48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    33. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the

[[Page 30309]]

Commission estimates that 511 providers have 1,500 or fewer employees. 
Consequently, using the SBA's small business size standard, most of 
these providers can be considered small entities.
    34. Satellite Telecommunications. This industry comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $38.5 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    35. Wireless Broadband Internet Access Service Providers (Wireless 
ISPs or WISPs). Providers of wireless broadband internet access service 
include fixed and mobile wireless providers. The Commission defines a 
WISP as ``[a] company that provides end-users with wireless access to 
the internet[.]'' Wireless service that terminates at an end user 
location or mobile device and enables the end user to receive 
information from and/or send information to the internet at information 
transfer rates exceeding 200 kilobits per second (kbps) in at least one 
direction is classified as a broadband connection under the 
Commission's rules. Neither the SBA nor the Commission have developed a 
size standard specifically applicable to Wireless Broadband Internet 
Access Service Providers. The closest applicable industry with an SBA 
small business size standard is Wireless Telecommunications Carriers 
(except Satellite). The SBA size standard for this industry classifies 
a business as small if it has 1,500 or fewer employees. U.S. Census 
Bureau data for 2017 show that there were 2,893 firms in this industry 
that operated for the entire year. Of that number, 2,837 firms employed 
fewer than 250 employees.
    36. Additionally, according to Commission data on internet access 
services as of June 30, 2019, nationwide there were approximately 1,237 
fixed wireless and 70 mobile wireless providers of connections over 200 
kbps in at least one direction. The Commission does not collect data on 
the number of employees for providers of these services, therefore, at 
this time we are not able to estimate the number of providers that 
would qualify as small under the SBA's small business size standard. 
However, based on data in the Commission's 2022 Communications 
Marketplace Report on the small number of large mobile wireless 
nationwide and regional facilities-based providers, the dozens of small 
regional facilities-based providers and the number of wireless mobile 
virtual network providers in general, as well as on terrestrial fixed 
wireless broadband providers in general, we believe that the majority 
of wireless internet access service providers can be considered small 
entities.
    37. Local Resellers. Neither the Commission nor the SBA have 
developed a small business size standard specifically for Local 
Resellers. Telecommunications Resellers is the closest industry with a 
SBA small business size standard. The Telecommunications Resellers 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA small business size standard for 
Telecommunications Resellers classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that 
1,386 firms in this industry provided resale services for the entire 
year. Of that number, 1,375 firms operated with fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 207 
providers that reported they were engaged in the provision of local 
resale services. Of these providers, the Commission estimates that 202 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    38. Toll Resellers. Neither the Commission nor the SBA have 
developed a small business size standard specifically for Toll 
Resellers. Telecommunications Resellers is the closest industry with a 
SBA small business size standard. The Telecommunications Resellers 
industry comprises establishments engaged in purchasing access and 
network capacity from owners and operators of telecommunications 
networks and reselling wired and wireless telecommunications services 
(except satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA small business size standard for 
Telecommunications Resellers classifies a business as small if it has 
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that 
1,386 firms in this industry provided resale services for the entire 
year. Of that number, 1,375 firms operated with fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 457 
providers that reported they were engaged in the provision of toll 
services. Of these providers, the Commission estimates that 438 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    39. All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g., dial-up ISPs) or Voice over Internet Protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $35 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that

[[Page 30310]]

operated for the entire year. Of those firms, 1,039 had revenue of less 
than $25 million. Based on this data, the Commission estimates that the 
majority of ``All Other Telecommunications'' firms can be considered 
small.
    40. Automobile Manufacturing. This U.S. industry comprises 
establishments primarily engaged in (1) manufacturing complete 
automobiles (i.e., body and chassis or unibody) or (2) manufacturing 
automobile chassis only. The SBA small business size standard for this 
industry classifies firms having 1,500 employees or less as small. 2017 
U.S. Census Bureau data indicate that 157 firms operated in this 
industry for the entire year. Of this number, 145 firms employed fewer 
than 100 employees. Therefore, the Commission estimates that the 
majority of manufacturers in this industry are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    41. The FNPRM seeks comment on the ways that connected car services 
are used and steps the Commission can take to help protect survivors of 
domestic violence from misuse of these services. The Commission states 
that the FCC's rules implementing the SCA apply to connected car 
services that involve a ``shared mobile service contract'' offered by a 
``covered provider'' as defined under the rules and would require a 
provider to respond to a valid request for a line separation. The FNPRM 
seeks comment on the extent to which the FCC's existing SCA rules do 
not fully address concerns regarding the impact of connected car 
services on domestic violence survivors and whether changes to these 
rules would enable the Commission to better address these concerns. 
Outside of the SCA, the FNPRM seeks comment on other sources of 
authority the Commission can use to help address the misuse of 
connected car services.
    42. While the FNPRM does not specifically propose new rules, the 
Commission does discuss application of the existing SCA rules in a new 
context and to potentially additional entities. The Commission seeks 
comment from small and other entities on whether any changes to the SCA 
rules are necessary. If the Commission ultimately decides to make any 
changes to the SCA rules in the connected car context, this could 
potentially result in additional costs, new or modified recordkeeping, 
reporting, or other compliance requirements for small and other 
providers. For example, the existing SCA rules require covered 
providers, within two business days of receiving a completed request 
from a survivor, to (1) separate the line of the survivor, and the line 
of any individual in the care of the survivor, from a shared mobile 
service contract, or (2) separate the line of the abuser from a shared 
mobile service contract. We seek comment on the impact to compliance 
for small and other entities as a result of rules reflecting a broader 
application of the SCA.
    43. At present, the record does not include a detailed cost/benefit 
analysis that would allow us to quantify the costs of compliance for 
small entities, including whether it will be necessary for small 
entities to hire professionals to comply with any rules that may be 
adopted. Small and other entities are encouraged to quantify the costs 
and benefits of any reporting, recordkeeping, or compliance requirement 
that may be established in this proceeding. The Commission expects the 
comments it receives on its proposals, and the matters discussed in the 
FNPRM to include information addressing costs, benefits, and other 
matters of concern for small entities, which should help the Commission 
identify and better evaluate compliance costs and relevant issues for 
small entities before adopting final rules.

E. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    44. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): (1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
reporting requirements under the rules for such small entities; (3) the 
use of performance rather than design standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for such small 
entities.
    45. The FNPRM considers alternative approaches for addressing the 
misuse of connected car services. It discusses application of the 
existing SCA rules in the connected car services context and seeks 
comment on whether any changes to the SCA rules are necessary to 
address these services. To the extent that connected car services are 
or could be covered by the SCA, the FNPRM seeks comment on how line 
separation requirements would apply. The FNPRM also asks whether there 
are operational or technical issues that would affect implementation, 
including for small entity providers. The FNPRM also seeks comment on 
an alternative, non-regulatory approach that would minimize potential 
burden and provide additional flexibility for connected car providers, 
including any small entity providers. The FNPRM seeks comment on how 
the Commission can encourage connected car service providers to 
voluntarily take steps to prevent the misuse of connected car services 
in domestic violence situations. In particular, the FNPRM seeks comment 
on what steps providers of connected car services could take to make it 
easier for survivors to turn off remote location tracking and other 
services that might enable abusers to track, control, or revictimize 
domestic violence survivors.
    46. Additionally, to assist with the Commission's evaluation of the 
economic impact on small entities that may result from the actions and 
alternatives that have been proposed in this proceeding, the FNPRM 
seeks alternative proposals and requests information on the potential 
costs of such alternatives. The Commission expects to consider more 
fully the economic impact on small entities following its review of 
comments filed in response to the FNPRM, including costs and benefits 
information. Alternative proposals and approaches from commenters could 
help the Commission further minimize the economic impact on small 
entities. The Commission's evaluation of the comments filed in this 
proceeding will shape the final conclusions it reaches, the final 
alternatives it considers, and the actions it ultimately takes in this 
proceeding to minimize any significant economic impact that may occur 
on small entities from the final rules that are ultimately adopted.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    47. None.

V. Ordering Clauses

    48. Accordingly, it is ordered, pursuant to the authority contained 
in sections 1, 4(i), 4(j), 254, 345, and 403 of the Communications Act 
of 1934, as amended; 47 U.S.C. Sec. Sec.  151, 154(i), 154(j), 254, 
345, and 403; section 5(b) of the Safe Connections Act of 2022, Public 
Law 117-223, 136 Stat 2280; and section 904 of Division N, Title IX of 
the Consolidated Appropriations Act, 2021, Public Law 116-260, 134 
Stat. 1182, as amended by the Infrastructure Investment and Jobs Act, 
Public Law

[[Page 30311]]

117-58, 135 Stat. 429; that this FNPRM of Proposed Rulemaking is 
adopted.
    49. It is further ordered that, pursuant to applicable procedures 
set forth in sections 1.415 and 1.419 of the Commission's Rules, 47 CFR 
1.415, 1.419, interested parties may file comments on the FNPRM of 
Proposed Rulemaking on or before 30 days after publication in the 
Federal Register, and reply comments on or before 60 days after 
publication in the Federal Register.
    50. It is further ordered that the Commission's Office of the 
Secretary shall send a copy of this FNPRM of Proposed Rulemaking, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.


Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-08642 Filed 4-22-24; 8:45 am]
BILLING CODE 6712-01-P