FCC

Yesterday, the Federal Communications Commission (FCC) released the agenda for its February Open Meeting, which is scheduled for February 27, 2025.  This is the first agenda released by the FCC under new Chairman Brendan Carr.  The agenda items on which the commissioners will vote at the meeting will include the following:

  • A Notice of Proposed Rulemaking seeking input on proposed updates to 10-year-old service specific AWS-3 bidding rules to fulfill the agency’s “statutory obligation to initiate an auction of licenses for the AWS-3 spectrum in the Commission’s inventory by June 23, 2026.”  Proceeds from the auction will support the program that reimburses advanced communications service providers for the cost of removing and replacing Huawei Technologies or ZTE Corporation equipment and services in their networks.
  • A Notice of Inquiry seeking comment on the potential for freeing up additional mid-band spectrum in the Upper C-band for new services, including whether authorization and transition mechanisms similar to those used in the successful 3.7 GHz Service transition could be applied.  The NOI will solicit comments on the parameters for new opportunities in the Upper C-band, the potential need for amending the U.S. Table, and the current and future needs of existing operators while considering the impact on aviation radio altimeters.  It also will invite detailed proposals on transition mechanics and structure, and requests technical and economic data on the costs and benefits of authorizing new services in the Upper C-band.

Continue Reading FCC to Tackle Robust Agenda at February Open Meeting

On January 20, 2025, the Trump Administration released a memorandum, “Regulatory Freeze Pending Review,” to halt agency rulemaking processes (the “EO”).

The EO orders all executive departments and agencies to “not propose or issue any rule in any manner, including by sending a rule to the Office of the Federal Register (the ‘OFR’), until a

Continue Reading Trump Administration Releases “Regulatory Freeze Pending Review” Executive Order

On December 31, 2024, the FCC issued a Report and Order (Third R&O) formally allocating additional spectrum for commercial space launch applications, fulfilling a provision of the Launch Communications Act (LCA) of 2024.  The LCA, which President Biden signed on September 26, 2024, directed the FCC to make the 2025–2110 MHz, 2200–2290 MHz, and 2360–2395 MHz bands (LCA Bands) available for use in commercial launches and reentries, and to finalize such allocations within 90 days of enactment of the bill.  In a statement on December 19, 2024, FCC Chairwoman Rosenworcel stated that the new rules are intended to “build upon Commission action in 2023 that will enable companies to conduct launch activities without needing to request temporary authority from the FCC for each space launch,” making the commercial space launch process more predictable.

The FCC states that the rule changes, which are part of the agency’s new Space Innovation agenda, allocating new spectrum in the 2360–2395 MHz band generally are intended to satisfy the Congressional mandate of the LCA, provide regulatory certainty to licensees, minimize administrative burdens by leveraging efficiencies of scale and scope that will spur innovation, investment, and rapid deployment of space launch operations, and protect incumbents from harmful interference.Continue Reading FCC Allocates New Spectrum for Commercial Space Launches

On January 2, 2025, the U.S. Court of Appeals for the Sixth Circuit struck down the FCC’s Safeguarding and Securing the Open Internet Order, which had attempted to reclassify broadband access as a regulated “telecommunications service” and adopted net neutrality regulations.  As we previously covered here, a different panel of the Sixth Circuit had previously stayed that Order pending outcome of the litigation against it.   The decision means that the FCC will not generally have a direct role in regulating at-home or mobile broadband service, absent action by Congress.

The three-judge panel held that broadband internet service providers offer only an “information service” as that key term is defined by the Communications Act, “and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the ‘telecommunications service’ provision” under Title II.  In a related finding, the Sixth Circuit found that mobile broadband is a “private” mobile offering and thus it too cannot be regulated as a common carrier offering such that it can “then similarly impose net-neutrality restrictions on those services.”Continue Reading Sixth Circuit Strikes Down FCC Net Neutrality Rules

Updated December 12, 2024. Originally Posted December 10, 2024.

On December 4, 2024, the Federal Communications Commission (the “Commission”) announced that it had selected UL Solutions to serve as the Lead Administrator for its Internet of Things Cybersecurity Labeling Program (the “IoT Labeling Program”).  The Commission also conditionally approved UL Solutions as a Cybersecurity

Continue Reading FCC Takes Next Steps Towards U.S. Cyber Trust Mark

On December 5, 2024, the Federal Communications Commission (FCC) announced that its filing requirements were now in place for parties seeking to deploy Supplemental Coverage from Space,  finalizing a new regulatory regime that enables satellite operators to work with wireless provider partners to provide ubiquitous coverage to hard-to-reach users.  This step establishes the administrative requirements for FCC approval of SCS deployments and follows on the heels of a November 26th authorization of the first-ever SCS partnership, a collaboration between SpaceX and T-Mobile.Continue Reading FCC Issues Filing Guidelines for Supplemental Coverage from Space (SCS) Applications; Authorizes SpaceX and T-Mobile to Premiere SCS Deployment

On November 20, 2024, the Federal Communications Commission (the “Commission”) issued a Second Report and Order in which it adopted rules (“the Order”) to facilitate the transition to from Dedicated Short Range Communications (“DSRC”) technology to Cellular-Vehicle-to-Everything (“C-V2X”) technology for the Intelligent Transportation System (“ITS” also referred to as the “connected vehicle ecosystem”).  Notably, the Order was adopted by a unanimous, bipartisan vote.  In a press release, the Commission said that the Order will “accelerate the automotive industry and federal government plans for transitioning from dated technology to the more advanced C-V2X automobile safety technology.”

The Order follows a 2020 Order in which the Commission retained the upper 30 megahertz of the 5.9 GHz band for ITS operations and required the ITS service to transition from DSRC-based technology to C-V2X-based technology.  The Order expands on that transition by addressing the transition timeline, communications prioritization, channel bandwidth, communication zones, C-V2X standards, and additional matters.Continue Reading FCC Adopts Rules Facilitating the Transition to C-V2X Technology for the Connected Vehicle Ecosystem

On Sunday evening, President-elect Donald Trump announced that he will name Federal Communications Commission (FCC) Commissioner Brendan Carr as Chair of the FCC.  Because Commissioner Carr is a sitting Commissioner, no Senate confirmation is needed, and he will become FCC Chairman as of Inauguration Day on January 20, 2025.   

While Carr was widely seen as

Continue Reading Trump Signals Continued Focus on “Big Tech” in Naming Brendan Carr as FCC Chair

With U.S. President Trump returning to the White House, we expect the regulatory landscape facing technology and communications companies to shift significantly, if not uniformly. 

On the one hand, media and telecommunications companies that have long been regulated heavily by the FCC can likely expect a more deregulatory environment than they have experienced under the Biden Administration (with potential caveats).  On the other, large technology companies, which have largely avoided heavy-handed regulation, can expect to face a more active regulatory environment aimed at limiting or preventing content moderation decisions that the incoming Administration has characterized as “censorship” of conservative viewpoints.  Meanwhile, bipartisan priorities—such as the commitment to ensuring national security in the telecommunications sector—will likely continue to be a major focus of regulatory agencies.  While the assessments of regulatory risks and opportunities will continue to be refined and updated as the next Trump administration takes shape, we highlight here a few trends that are likely to influence policy and regulation at the FCC over the next four years.Continue Reading Likely Trends in U.S. Tech and Media Regulation Under the New Trump Administration

On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers. 

The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services resources they require to interact with their service provider in a manner that allows them to efficiently resolve issues, avoid unnecessary charges, and make informed choices regarding the services they obtain from service providers.”  The inquiry is specific to regulated cable operators, Direct Broadcast Satellite providers, voice service providers, and broadband service providers (collectively referred to as “service providers”).Continue Reading FCC to Examine Customer Service Issues in the Communications Industry