FCC

On September 9, 2026, the FCC released a draft Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) titled “Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.”  The draft has been circulated for consideration by the FCC at its September 30, 2026 open meeting.

The draft R&O and FNPRM address a range of consent revocation issues under the TCPA that have been pending before the agency since the last time the FCC promulgated rules in this area in 2024.  If adopted, the R&O will narrow the scope of consent revocations in the context of informational calls and texts.

Continue Reading FCC Releases Draft Rules and Proposals on TCPA Consent Revocation

Late this afternoon, the U.S. Supreme Court granted a stay of the Fourth Circuit’s decision setting aside the FCC Media Bureau’s guidance on entitlement to the lowest unit charge (“LUC”) for certain political ads placed on broadcast TV and radio.  See our prior post about this issue here.  Notably, the 60-day political window for the November midterms begins today, so broadcasters’ obligation to afford qualifying buys the LUC is now in effect.

As a result of today’s decision, the FCC Media Bureau’s guidance is back in effect.  That guidance found that two types of broadcast political ads were entitled to the LUC: ads paid for as “party coordinated expenditures” (meaning ads paid for by a party in coordination with a federal candidate), and ads placed by joint fundraising committees involving a federal candidate.

Continue Reading Supreme Court Action Revives FCC Media Bureau’s Political Ad Guidance

On August 25, 2026, a divided panel of the U.S. Court of Appeals for the Fourth Circuit set aside guidance by the FCC’s Media Bureau stating that two types of political advertising were entitled to the favorable “lowest unit charge” (“LUC”) rate: ads paid for as “party coordinated expenditures,” meaning ads paid for by a party in coordination with a federal candidate, and ads placed by joint fundraising committees involving a federal candidate. This question had become particularly salient after the Supreme Court’s decision in June that struck down limits on party coordinated expenditures, allowing unlimited party spending in coordination with candidates, as we explained here. The Fourth Circuit’s ruling was in response to a challenge to the Media Bureau’s Public Notice by four Democratic candidates for federal office. The ongoing litigation has a direct and immediate impact on broadcasters and political advertisers, but its broader significance may lie in what the Fourth Circuit said about judicial review of bureau-level FCC actions.

Continue Reading Fourth Circuit Sets Aside FCC Media Bureau Guidance on Lowest Unit Charge; FCC Asks the Supreme Court to Step In

Earlier this week, on August 25, 2026, the Federal Communications Commission (“FCC”) issued a Public Notice seeking public comment on how the agency might increase and improve spectrum access for commercial space launch and reentry activities.  The Public Notice follows through on a directive in the Trump Administration’s National Space Transportation Policy memorandum issued last week. Comments are due Monday, September 14, 2026 and reply comments are due Thursday, September 24, 2026.

Continue Reading FCC Seeks Public Comment on Improving Spectrum Access for Commercial Space Launch and Reentry Operations

Yesterday, following a second National Security Determination from the Department of War (“DoW”), the Federal Communications Commission (“FCC”) clarified the scope of its ban on foreign-produced “power inverters,” a category of devices added to the FCC’s “Covered List” in late July.  This new determination revises and narrows the definition of power inverters to more…

Continue Reading FCC Narrows Covered List Definition of “Power Inverters” and Clarifies Meaning of “Foreign-Produced”

On February 25, 2026, the U.S. Court of Appeals for the Fifth Circuit, in Bradford v. Sovereign Pest Control of TX, Inc., upheld a district court summary judgment decision that effectively nullified the FCC’s “prior express written consent” requirement for autodialed or prerecorded marketing calls to mobile numbers. The Fifth Circuit found that this…

Continue Reading Fifth Circuit Effectively Nullifies FCC “Prior Express Written Consent” Requirement, But Reach of Decision is Limited

As consumers have embraced “smart home” technology and specifically advanced locks and entryway security systems, some door lock companies have asked permission from the Federal Communications Commission (“FCC”) to use ultra-wideband technology (“UWB”) in their devices.  UWB technology has unique characteristics that can be used to enhance entryway security systems by working with low-power Bluetooth…

Continue Reading FCC Seeks Comment on Petition to Update Ultra-Wideband (UWB) Part 15 Rules

In late December 2025, the FCC updated its “Covered List” to add foreign-produced unmanned aircraft systems (UAS), commonly known as drones, and their critical components after an Executive Branch interagency body determined that they pose “unacceptable risks to the national security of the United States and to the safety and security of U.S. persons.” Subsequently…

Continue Reading FCC “Covered List” Updated to Include Certain Drones and Related Components, Subject to an Exception

On January 9, the U.S. Supreme Court granted certiorari to resolve a circuit split over the FCC’s authority to impose monetary forfeiture penalties through its administrative process.  The outcome could have significant implications for the FCC’s ability to pursue civil penalties in its enforcement cases.  For more information on the issues at stake, including background…

Continue Reading Update: Supreme Court Grants Cert in Cases Involving the FCC’s Monetary Penalty Authority

In 2024, the Federal Communications Commission (FCC) issued fines to four major telecommunications carriers—Verizon, AT&T, Sprint, and T-Mobile—for allegedly failing to protect the geolocation data of their subscribers, which the FCC claimed violated its Customer Proprietary Network Information (“CPNI”) rules. To challenge the action, all four carriers had to first pay the fines, which they did.  They then petitioned for review of the FCC’s decision in various U.S. courts of appeals, arguing that the FCC’s procedure for adjudicating monetary fines violated their right to a jury trial as guaranteed by the Seventh Amendment. Verizon sought relief in the Second Circuit, T-Mobile (which had merged with Sprint) sought relief in the D.C. Circuit, and AT&T sought relief in the Fifth Circuit.

The Second Circuit and the D.C. Circuit held in favor of the FCC, rejecting the carriers’ argument that the FCC violated their Seventh Amendment rights. But the Fifth Circuit reached a different conclusion, holding that the FCC’s procedure did in fact violate AT&T’s right to a jury trial. The FCC (which lost in the Fifth Circuit) and Verizon (which lost in the Second Circuit) each has filed a petition for certiorari at the Supreme Court.

With a 2-1 federal circuit split and two certiorari petitions pending, some are predicting that there is a good chance that the Supreme Court will decide to consider the appeals. The dispute raises a fundamental question about the FCC’s authority to impose monetary penalties through its in-house administrative enforcement procedures. If the Supreme Court grants certiorari, it will be called upon to determine whether the Communications Act violates the Seventh Amendment by authorizing the FCC to order the payment of monetary penalties for violations of the Act, without guaranteeing the right to a jury trial. The resolution of this dispute thus could have significant implications for how the FCC enforces the law against telecommunications carriers and other entities subject to its jurisdiction.

Both petitions for certiorari have been distributed for a January 9, 2026 conference.

Continue Reading FCC Privacy Enforcement May Face More Constitutional Scrutiny: Supreme Court Review of FCC CPNI Fines Sought Amid Circuit Split